Entry And Search Flashcards
Section 125 allows you to
Detain for as long as required
Search any item they are carrying / wearing
Seize anything they are carrying or in possession of
Force can be used reasonably to effect search
Section 125
Special rules for searching people
Must RAN
Section 131
Special rules for entering places, vehicles and other thing
Used in conjunction with S110
Must RAIN
Section 110
Used in conjunction with S131
Force can be used in respect to property to carry out the search
Seize anything that is the subject of the search or anything else that may lawfully be seized
Can use anything found at place to carry out entry and or search (includes electricity)
Section 169
If you execute a warrantless entry power, search power or surveillance power you MUST provide a written report before end of shift
Section 7
Entry without warrant to arrest person unlawfully at large
- Escape custody
- WTA
Section 8
Entry without warrant to avoid loss of offender or evidence Conceal Alter Damage Destroy Can only look where a person could fit
Section 14
May enter and Take Any Action if you have reasonable grounds to suspect
- an offence is being or about to be committed
- injury to a person
- serious damage or loss to property
Exempt from S169
What must you do before using S125
State the
Reason for the search
Act you are searching under
Name of you
What must you do before using S131
State the
Reason for the search
Act you are searching under
Intention to enter and search
Name of you
What is Section 85
Rub down search of arrested or detained persons
To ensure that person is not carrying anything that may be used to
- harm any person
- facilitate their escape
Must RAN
Exempt from S169
What is section 88
Warrantless search of arrested or detained persons
May search if RGTB they are carrying anything that
- is EM relating to that offence (can include body marks, clothing that assist with ID)
- May harm any person
- may facilitate escape
Must RAN
Exempt from S169
Can include a strip search - S169 applies
What is Section 11
Warrantless search of person who are or are to be locked up / taken into custody
- at a police station
- a premise being used for police purposes
- in or about to be in a vehicle used for police purposes
May take property found on the person during search.
Must RAN
Exempt from S169
MAY ALSO conduct search of a person after they have been locked up / taken into custody if
- suspect they have been in contact with someone not locked up / in police custody
- suspect they have been in contact with someone locked up / in police custody but not searched yet
- RGTB they may have something that may harm themselves or others
What is section 13
Money / Property taken during a S11 search must be returned when the person is released from custody unless
- you believe it may need to be given in evidence
- possession may constitute an offence
The money / property must go with the person if placed into custody of another.
What is section 83
Entry without warrant after arrest After arrest you have RGTB - EM relating to arrest is at a place - if entry delayed CADD will occur Force can be used
Whether or not the person was arrested there
Also allows search of vehicle at that place
Must RAIN
S169 applies
