New search and surveillance sections Flashcards
Section 18
Warrant less search associated with Arms.
RGTS person carrying/possession of arms and is in breach of the arms act may…
-search the person
-search anything in possession of including vehicle
- enter a place/vehicle to search the person or anything in persons possession.
- seize and detain any arms found and firearms licence.
Section 20
Warrant less search of places and vehicles in relation to misuse of drugs act 1975.
RGTS drugs/precursor substance is in vehicle/place
& not practical to obtain warrant
& RGTS in place/vehicle an offence against MODA 1975 is or has or is about to be committed
& RGTB if entry is not carried out immediately the evidence will be CADD.
Section 21
Warrant less search of people found in or on places or vehicles in section 20.
- May search any person found
- detain/search/seize any evidential material.
Rights/cautions RAN
Section 22
Warrant less power to search for controlled drugs or precursor substances if offence suspected against MODA 1975
RGTB the person is in possession of controlled drugs or precursor substances.
RGTS offence is,has or is about to be committed against MODA.
You may… Search the person
Reasonable grounds to suspect….
Seen by an officer
Told to the officer by a witness
Admission by the suspect
Search should be…
Thorough/progressives/methodical
Section 9
RGTS the prison is at large or has committed an imprisonable offence. You may STOP the vehicle for the purpose of am arrest. Check warrant still valid with comes before stopping any person unlawfully at large.
Section 121
Powers to STOP a vehicle for the purpose of conducting a search.
- with or without warrant
- wearing a uniform/distinctive hat or lights/sirens and ID
Section 10
After stopping vehicle under section 9….
Search the vehicle to locate the person.
Search vehicle to locate property that is evidential material in relation to any offence that the person was STOPPED for.
Section 128 remain
You may require the vehicle to remain stopped for as long as reasonably necessary.
129-RAIN
Must state name, reason for stopping, intention and the act
Section 177 offences…
It is an offence to…
- Fail to stop as soon as practicable for s.9, s.32, s.121
- Fails to supply details or supply’s false details.
- Fails to remain stopped under s.128
Section 30
Road block…
Senior constable cam authorise a road block to arrest a person in a vehicle who has committed an imprisonable offence or anybody unlawfully at large in a vehicle.
Must RGTB they are heading in a certain direction.
Section 32
Authorised road blocks without warrant…
Establish road block…
Stop vehicle in vicinity of road block…
Require..name/address/date of birth.
Search..vehicle for the purpose of locating person
Section 177 offences…
It is an offence to…
- Fail to stop as soon as practicable for s.9, s.32, s.121
- Fails to supply details or supply’s false details.
- Fails to remain stopped under s.128
