Legal - Searching Powers

Question 1

S.16 CIA

Answer 1

Use of Force when executing powers in CIA ONLY

Question 2

Determining Gender

Answer 2

S.22 CIA
• To ascertain the gender of a person where the person where the persons gender is uncertain to an officer, the officer must ask the person to indicate whether they are male or female.
• In the absence of an answer person must be treated as if of the gender that the person outwardly appears to the officer.

Question 3

Rules for Searching Suspect

Answer 3

S.70(3)(f) CIA

Do not question suspect during search

Question 4

Searching People to Locate ‘Things relevant to on offence’

Answer 4

• S.68(1)(a) If police have reasonable suspicion, police have the power to do a basic or strip search for any thing relevant to an offence.
• S65(2)(a) gives police the power to stop and detain a person for the purpose of conducting a search.

Question 5

Informed Consent

P.R.O

Answer 5

S.30(2) CIA

a) Powers that the officer wants to exercise in respect of the place,
b) Reason why the officer wants to exercise those powers, and
c) Occupier can refuse to consent to the officer doing so.

Question 6

Occupiers Rights

ID.I.C.I.IC.E) (N

Answer 6

S.31 CIA – Before entering a place a police officer must:
• Identify themselves to the occupier
• Inform the occupier they intend to enter the place
• Where entry is under a search warrant, give the occupier a copy of the warrant
• Inform the occupier an opportunity the reason, and the statutory authority, for the entry
• Give the occupier an opportunity to give informed consent, unless
• The officer reasonably suspects that to do so will endanger any person, including the officer, or jeopardise the purpose of the entry or the effectiveness of any search.

S.31(4) CIA – must not prevent the occupier from observing unless certain criteria I met

Question 7

Entry to Prevent Violence

Answer 7

S.35 CIA
• Police with reasonable suspicion can enter a place or vehicle to prevent violence or serious damage to property.
• Police can seize anything relevant to an offence (evidence)

Question 8

Execution of any search warrant

D.K.C.S.R

Answer 8

• Do not exceed powers of warrant.
• Request keys before breaking open boxes and doors.
• Conduct the search in the presence of occupants.
• Systematic search.
• Record notes of seized items in an exhibits log, description, place, time, by which officer.

Question 9

Effect of search warrant

T.S.B.P.S.S

Answer 9

S.43 CIA
• Comes into effect from time of issue
• Must be executed within the specified time period and any police officer may execute the search warrant
• Must be executed between 6.00AM &9.00PM unless to do so would endanger some person or jeopardise the purpose of the warrant.
• Power to enter, search and seize
• May search people in the place when the warrant is executed
• May seize other things relevant to an offence not listed on the warrant

Question 10

Ancillary Powers for a CIA Search Warrant – S.44 CIA

Answer 10

2. A search warrant also authorises the officer executing it to exercise any or all of these ancillary powers.

(f) . if the officer reasonably suspects it is necessary to do so in order to prevent:
(i) the target thing from being concealed or disturbed; or
(ii) a person in the place against whom an offence may have been or being committed from being endangered

to establish a protected forensic area under section 46 in the protected place

Question 11

S.135(4) CIA – Security risk items

Answer 11

If a person is in custody, police may search a person for a security risk item

Question 12

S.38 CIA - Searching a Vehicle

Answer 12

A police officer may stop, enter and search the vehicle and take any reasonable precaution, but must have reasonable suspicion.

Question 13

S.39(1)(e) CIA - Searching a Vehicle relevant to an offence

Answer 13

If police have reasonable suspicion of 39(1)(a) – (d) then police can stop, enter and search a vehicle under 39(1)(e) and also establish a PFA, seize anything relevant to an offence and also take any action to stop or prevent any offence committed against a person in the vehicle.

Question 14

S.69 CIA – Searching People and Vehicles for Security Purposes

Answer 14

Police may refuse entry to a public place unless the person consents to a basic search or a search of their vehicle.
• Police may seize anything but it must be returned soon as practicable after the person leaves the place unless seized under another written law.
• The public place needs to be prescribed, declared by an Inspector or above; OR if a police officer has reasonable suspicion that it is necessary to safeguard a particular place or safeguard people who are in or may enter the place.

Question 15

Frisk Search Definition

Strip Search Definition

Answer 15

‘frisk search’ a person means to quickly and methodically run the hands over the outside of the person’s clothing.

Section 64(1) CIA
Police who have the power in another section of the CIA to strip search a person may:
a) Remove any article that the person is wearing including any article covering his or her private parts;
b) Search any article removed under paragraph (a);
c) Search the person’s external parts, including his or her private parts;
d) Search the person’s mouth but not any other orifice.

Question 16

Basic Search Definition

Answer 16

S.63 CIA
Police who have the power in another section of the CIA to search a person may:
- Scan the person with an electronic or mechanical device, whether hand held or not, to detect any thing;
- Remove and search the person’s headwear, gloves, footwear or outer clothing (such as a coat or jacket), but not his or her inner clothing or underwear, in order to facilitate a frisk search;
- Frisk search the person.

Question 17

Rules to Basic Search of People

Answer 17

• s.71 For a basic search, the searcher, if practicable, should be a person of the same gender as person being searched, unless the searcher is a doctor or nurse.
• s.72(2) Unless the strip search is being done under Section 135 it must not be done unless the searcher reasonably suspects that a strip search is necessary in the circumstances.

Question 18

Rules to Searching People

s.70(3) CIA

Answer 18

If a basic or strip search is done of a person:

a) Must be done quickly as reasonably practicable
b) Not any more intrusive than necessary
c) Explain why removing any article the person is wearing
d) Allowed to dress as soon as search finished
e) Provide reasonably adequate replacement clothing
f) During the search, the person is not to be questioned about any offences

Question 19

Rules to Searching People

s.70(2) CIA

Answer 19

s.70(2) CIA
Before the searcher does a basic search or a strip search of a person, the searcher must, if reasonably practicable:
a) identify himself or herself to the person; and
b) inform the person of the reason for the search; and
c) request the person to consent to the search; and
d) if the person does not consent to the search or withdraws his or her consent, inform the person that it is an offence to obstruct the searcher doing the search.