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Search And Surveillance 2012 > Most Used Powers > Flashcards

Most Used Powers Flashcards

1
Q

Section ___
Places/Vehicles
Entry/Search - to arrest - person unlawfully at large

A

Section 7
Places/Vehicles
Entry/Search - to arrest - person unlawfully at large

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2
Q 
Section \_\_\_
Places/Vehicles
Entry/Search - to arrest a person suspected of committing an offence who would otherwise FLEE
OR
to avoid CADD of evidential material.
A 
Section 8
Places/Vehicles
Entry/Search - to arrest a person suspected of committing an offence who would otherwise FLEE
OR
to avoid CADD of evidential material.
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3
Q

Section ___
STOP a vehicle
To arrest a person unlawfully at large OR had committed an offence punishable by imprisonment MUST believe person is in or on the vehicle

A

Section 9
STOP a vehicle
To arrest a person unlawfully at large OR had committed an offence punishable by imprisonment MUST believe person is in or on the vehicle

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4
Q

Section ___
IF you stop a vehicle (section 9)
YOU CAN:
1) demand details (name,addy,dob,contact deets) of any person in the vehicle (RGTS)
2) search vehicle to locate the person (RGTB they are in or on the vehicle)

IF arrest has been made or person flees before they can be arrested YOU CAN ALSO:
3) search vehicle to locate EM in relation to offence

A

Section 10
IF you stop a vehicle (section 9)
YOU CAN:
1) demand details (name,addy,dob,contact deets) of any person in the vehicle (RGTS)
2) search vehicle to locate the person (RGTB they are in or on the vehicle)

IF arrest has been made or person flees before they can be arrested YOU CAN ALSO:
3) search vehicle to locate EM in relation to offence

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5
Q

Section ___
People
Custody Search

A

Section 11
People
Custody Search

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6
Q

Section ___
Money/Property rules following Custody Searches (sec 11):
Everything must be given back when the person is released except anything that can be lawfully kept (ie drugs, or evidence)

A

Section 13
Money/Property rules following Custody Searches (sec 11):
Everything must be given back when the person is released except anything that can be lawfully kept (ie drugs, or evidence)

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7
Q

Section ___
Place/Vehicle
EMERGENCY POWER to enter to prevent offending or respond to risk to life or safety.

A

Section 14
Place/Vehicle
EMERGENCY POWER to enter to prevent offending or respond to risk to life or safety.

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8
Q

Section ___
Place
Enter/search a place to avoid CADD when the related offence carries a term of 14 years or more.

A

Section 15
Place
Enter/search a place to avoid CADD when the related offence carries a term of 14 years or more.

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9
Q

Section ___
People
Can search a person in a public place if RGTB the person has EM relating to an offence that carries a term of 14 years or more.

A

Section 16
People
Can search a person in a public place if RGTB the person has EM relating to an offence that carries a term of 14 years or more.

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10
Q

Section ___
Vehicle
Enter/search a vehicle to locate EM when the related offence carries a term of 14 years or more.

A

Section 17
Vehicle
Enter/search a vehicle to locate EM when the related offence carries a term of 14 years or more.

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11
Q

Section ___
Place/Vehicle/People and Other
ARMS STATUTORY SEARCH

Enter, search and seize any arms and arms licence found when person is:

1) in breach of the Arms Act 1983 OR
2) has a Protection Order against them OR
3) is incapable of having proper control/may kill or injure.

A

Section 18
Place/Vehicle/People and Other
ARMS STATUTORY SEARCH

Enter, search and seize any arms and arms licence found when person is:

1) in breach of the Arms Act 1983 OR
2) has a Protection Order against them OR
3) is incapable of having proper control/may kill or injure.

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12
Q

Section ___
People
Stat power search a person, if RGTS person is committing an offence against Section 202A of the Crimes Act 1961 (relates to possession of knives, offensive weapons, and disabling substances).

A

Section 27
People
Stat power search a person, if RGTS person is committing an offence against Section 202A of the Crimes Act 1961 (relates to possession of knives, offensive weapons, and disabling substances).

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13
Q

Section ___
Stop/search Vehicle
Stat power to stop/search a vehicle, if RGTS person is committing an offence against Section 202A of the Crimes Act 1961 (relates to possession of knives, offensive weapons, and disabling substances).

A

Section 28
Stop/search Vehicle
Stat power to stop/search a vehicle, if RGTS person is committing an offence against Section 202A of the Crimes Act 1961 (relates to possession of knives, offensive weapons, and disabling substances).

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14
Q

Section ___
Vehicle
Power to search vehicle for stolen property

A

Section 29
Vehicle
Power to search vehicle for stolen property

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15
Q

Section ___
Place
After arrest if you have RGTB that EM is at a place and will be CADD if you delay (ie to get a warrant), you can enter/search that place for the EM

A

Section 83
Place
After arrest if you have RGTB that EM is at a place and will be CADD if you delay (ie to get a warrant), you can enter/search that place for the EM

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16
Q

Section ___
Vehicle
After arrest if you have RGTB that EM is in/on a VEHICLE you can enter/search that vehicle.

A

Section 84
Vehicle
After arrest if you have RGTB that EM is in/on a VEHICLE you can enter/search that vehicle.

17
Q 
Section \_\_\_
People
Rub-down search of ARRESTED or DETAINED person in order to ensure the person is not carrying anything that may be used:
a) to harm any person; or
b) to facilitate the person's escape
A 
Section 85
People
Rub-down search of ARRESTED or DETAINED person in order to ensure the person is not carrying anything that may be used:
a) to harm any person; or
b) to facilitate the person's escape
18
Q

Section ___
People
Rub-down search of ARRESTED or DETAINED, where you have RGTB that there is any thing on or carried by the person who is arrested or detained that:
a) is evidential material relating to the offence in respect of which the arrest is made or the person is detained; or
b) may be used to harm any person; or
b) may be used to facilitate the person’s escape

A

Section 88
People
Rub-down search of ARRESTED or DETAINED, where you have RGTB that there is any thing on or carried by the person who is arrested or detained that:
a) is evidential material relating to the offence in respect of which the arrest is made or the person is detained; or
b) may be used to harm any person; or
b) may be used to facilitate the person’s escape

19
Q

Section ___

Securing place, vehicle or other thing to be searched

A

Section 116

Securing place, vehicle or other thing to be searched

20
Q

Section ____

Powers of detention incidental to powers to search places and vehicles (to determine ________)

A

Section 118

Powers of detention incidental to powers to search places and vehicles (to determine CONNECTIONS)

21
Q

Section ___
If you exercise a power of search in relation to a place or vehicle you may search any person found at the place or in or on the vehicle OR who arrives at the place OR who stops at, or enters, or tries to enter or get into the vehicle

IF

RGTB - they have EM OR
RGTS - they have a dangerous item that poses a threat to safety and you believe immediate action is needed.

A

Section 119
If you exercise a power of search in relation to a place or vehicle you may search any person found at the place or in or on the vehicle OR who arrives at the place OR who stops at, or enters, or tries to enter or get into the vehicle

IF

RGTB - they have EM OR
RGTS - they have a dangerous item that poses a threat to safety and you believe immediate action is needed.

22
Q

Section ___

Stop a vehicle for purposes of search (with or without warrant)

A

Section 121

Stop a vehicle for purposes of search (with or without warrant)

23
Q

Section ___
Move a vehicle for the purpose of search or safekeeping (if you have stopped a vehicle to search it but it is impractical to do so where it is, or you have RGTB that it is necessary to move the vehicle for safekeeping)

A

Section 122
Move a vehicle for the purpose of search or safekeeping (if you have stopped a vehicle to search it but it is impractical to do so where it is, or you have RGTB that it is necessary to move the vehicle for safekeeping)

24
Q

Section ___
Duty to remain stopped!
Power to require the vehicle to remain stopped for as long as is reasonably necessary to exercise any powers in relation to the vehicle or the occupants of the vehicle.

A

Section 128
Duty to remain stopped!
Power to require the vehicle to remain stopped for as long as is reasonably necessary to exercise any powers in relation to the vehicle or the occupants of the vehicle.

Search And Surveillance 2012 (2 decks)

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