OBLIGATIONS

Question 1

Your obligations of Identification of entry are set under what Section

Answer 1

Sec 131 covers Identification, intention, reason and notice.

Question 2

What are your obligation 131 when entering a place, vehicle with a search warrant:

Answer 2

• Identify yourself or by QID
• Announce your intention to enter and search
• State the Search and Surveillance Act 2012
• Providing a copy of the search warrant to the occupant
• If the person has been detained for the purpose of the search you must caution them

Question 3

What are your notice of obligation when using a warrantless Search power and a search warrant

Answer 3

You must:
• Provide a copy of the SW or Warrantless search notice to the occupier (Pol1275) and provide a list of items seized (Pol268)
• Report the use of powers (Sec 169)
• Consider privilege (Sec 136/147)

Question 4

Obligation of notice means

Answer 4

Is not only explaining it to the person but also providing a written notice

Question 5

If using a warrantless search power, what are your obligations?

Answer 5

• State name of the Act the search is taking place and the reason for the search unless impracticable to do so
• Comply with the obligations and provide a notice.

Question 6

When must occur for the exceptions of producing identification and notice? when do you not need to comply

Answer 6

If you have RGTB no one is present
• Endanger any persons safety
• Prejudice to the successful use of the entry and search power
• Prejudice to ongoing investigations

Question 7

If a person refuses entry

Answer 7

May use reasonable force to enter if the person refuses entry or does not allow entry within reasonable time following a request

Question 8

If there is no one at home where the search is to be conducted what can you do?

Answer 8

Use reasonable force to enter a place, vehicle or other thing if you have RGTB no one is lawfully present

Question 9

If the occupier in charge of the place or vehicle is not there when you search you must:

Answer 9

• Provide a copy of the search warrant
• An inventory of any material seized
• As soon as possible after the search and must be provided within 7 days of the completion of the search

Question 10

What situation would you not comply with Section 131

Answer 10

If your concerned that the occupants at the search will see the list of evidential material and may interfere with the investigation and you have RGTB no one is home.

YOU DO NOT NEED TO COMPLY