Obligations Flashcards
Your obligations when searching a place, vehicle or other thing are set out under S131, before initial entry you must:
- Id self by by name or QID
- announce intention to enter and search
- state name of act
- give notice by providing copy of the 4X
- remember BOR if you have detained a person for purpose of a search
Obligation reason, if using warrantless search power you must state reason for search and:
- provide copy of 4X or warrantless search notice to occupier & provide inventory of items seized
- report your use of certain powers (S169)
- consider privilege (S136 - 147)
Obligation notice, S131, before initial entry into/onto a place, vehicle or other thing to be searched must give notice to occupier or person in charge, it includes giving written notice:
SEARCH WARRANT
1. provide copy of 4X
WARRANTLESS POWER
- state name of act under which search is taking place & reason for search under the act (unless impracticable to do so)
- to comply you form POL1275 search notice to occupier
Exception to id and notice not required to comply with ID, intention & notice requirements on initial entry if you have RGTB no one is present. Also don’t have to comply with the requirements on initial entry if you have RGTB it would:
- endanger any persons safety
- prejudice the successful use of the entry and search power
- prejudice on-going investigations
If a person refuses entry:
When executing a 4X or warrantless search power of a place, vehicle or other thing you may use reasonable force to enter if the person refuses entry or does not allow entry within a reasonable time following a request
If no one is at the place where the search is conducted:
You may use reasonable force to enter the place, vehicle or other thing to be searched if you have reasonable grounds to believe no one is lawfully present.
You must leave a copy of the 4X or POL1275 search notice to occupier and an inventory POL268, Provide asap within 7 days.
