Entry Search and Seizure

Question 1

Section 90

Answer 1

Entry to effect arrest
Arrest
Save life or limb
Prevent serious damage to property

Question 2

Section 97

Answer 2

The use of force of entry

Question 3

Section 70

Answer 3

Person search upon arrest
Dangerous articles
Implements to aid escape
Evidence of an offence

Evidence related to the offence
Arrested and contained within
RRP or vehicles

Question 4

When searching

Answer 4

I am going to be searching you under section 70 of the AFA 2006 looking for DIE.
Remove outer garments and search jacket
Take off watches, and remove anything from pockets
Take off belt and search
Arm on shoulder, rub arms and shoulders
Ask them to rub thumbs around waistband, front and back.
Then we do it asking them to rotate 360.
I am going to go up into your groin, do not be alarmed.
Search upper legs and groin - rubbing
Pockets, ask them to turn them out before we go in. Or pincer their pockets out
Boots - can I search your boots, take them off.
Kneel down, get them to put their foot on it so you can search it.

Question 5

Article 12

Answer 5

Search on arrest - Power to search where the person was arrested. Can do this right away after they are arrested

Question 6

Article 13

Answer 6

Search after arrest - Need ASP for this. Looking for
Connected to
Or
Similar 
To the offence
Arrested

Question 7

Article 14

Answer 7

Power to seize an item as evidence.
Concealed
Lost
Altered
Damaged
Destroyed
Tampered with

Question 8

Article 17

Answer 8

Retention of an article
Forensically examined
Investigate further
Trace the lawful owner
Evidence at court

Question 9

Section 83

Answer 9

JA and Co’s warrant - must be in person, by proxy, by TV link.
Warning will negate the search
Access will be refused
Impractical to obtain consent
Things sought are in RRP are admissible, relevant and of substantial value to the enquiry
Relevant service offence