Misc Flashcards
CADD
RGTB that evidential material you are searching for will be CADD:
Concealed - burying or hiding items
Altered - changing or removing serial numbers from stolen property in an attempt to disguise it
Damaged - Cutting out the chassis number on a cars firewall to hide an identifying feature
Destroyed - Consuming food, alcohol or drugs which is evidential material
Privileged Material
Privilege allows the holder of particular information to refuse disclosure of this information.
Privileged material includes material gained through:
- Journalists
- Legal advisers
- Informants
- Ministers of religion
- Medical practitioners
- Clinical psychologists
No privilege applies if the info is made, received, compiled or prepared for a dishonest purpose or used in an offence.
Privilege material - procedures
You must:
- Ensure the person or a representative is present when the search is undertaken
- Give the person a reasonable opportunity to claim privilege
If you are searching and locate an item you believe is privileged, then you must give the person opportunity to claim privilege.
As soon as practicable the person must provide you with a list of things they claim are privileged.
Complete 268, show person present and invite to check accuracy of items listed. Leave a copy.
Person may make a copy of any document before seizure and object to seizure of any document.
If you receive or are expecting to receive a claim of privilege, secure the thing subject to privilege but do not continue to search or examine it.
You must not continue with investigation of it unless no claim of privilege is made, a claim is withdrawn or it is in accordance with directions of the court.
Curtilage
Means any land immediately surrounding a house or dwelling, including any closely associated buildings, but excluding any open fields beyond.
Curtilage defines the boundary which a home owner can have a reasonable expectation of privacy and where common daily activity takes place.
Non private premises
Means any premises or part of any premises to which members of the public are frequently permitted to have access and includes any part of a:
- Hospital
- Bus station
- Railway station
- Airport
- Shop
Voluntary Oral Communication
Voluntary oral communication is between two or more persons where at least one of the persons in the communication gives their consent for it to be recorded.
No surveillance device warrant required.
Section 121 - Stopping vehicles with or without warrant for purposes of a search
You may stop a vehicle if you have authority to search the vehicle by:
- search warrant
- warrantless search power
Officer must state RAIN.
Section 118 - Powers of detention
When searching places and vehicles you can detain a person for purposes of determining whether or not they have a connection to the place or vehicle.
Any person who:
- Is is at the place or in or on the vehicle
- Who arrives at the place or tries to enter the place or vehicle while the search is being carried out
Section 120 - Fresh Pursuit
If you are in fresh pursuit and have RGTB that relevant evidential material is still on the person, you have a power to enter any place to apprehend the person and search the place or vehicle.
Section 119 - Search person who has power of arrest
If exercising a power of arrest at a place or vehicle, you may search a person at the place or vehicle if you have RGTB that person has evidential material subject to the search.
You may also search a person if you have RGTS that person:
- Is in possession of a dangerous item that poses a threat to safety, and
- You believe that immediate action is needed to address that threat
Section 127 - Executing search warrant for vehicle
You may enter any place:
- To execute the search warrant and locate a vehicle, if
- You have RGTB the vehicle is there
You do not have to specify a place in the application for the vehicle to be located in.
Section 123 - Items in plain view
You may seize any item found in plain view if you have RGTB that you can seize that item using a search warrant or warrantless search power.
