Obligations and Powers Flashcards
Specific obligations under Section 131 prior to entry:
- Identify yourself by name or QID
- Provide evidence of ID if not wearing uniform
- Announce intention to enter and search
- State name of Act
- Give notice by providing a copy of the Search Warrant
- Give BOR
If conducting a Warrantless Search what are your additional obligations under Section 131?
- State reason for the search
- Provide a copy of the POL 1275
- Inventory of items seized
- Report your use of warrantless powers
- Consider privilege
When do you not have to give notice or ID yourself when conducting a search?
If you have RGTB that no-one is home.
RGTB:
- Endanger any person’s safety
- Prejudice the successful use of the entry and search power
- Prejudice on-going investigations
What does Section 110 allow you to do?
- Enter and Search
- Use reasonable force
- Seize
- Request assistance with entry and search
- Bring and use any equipment
- Bring and use any trained law enforcement dog
- Copy any document
- Access a computer system
- Copy intangible material
- Take photos and videos
Explain Section 116:
Secure a place and exclude any person from there.
If search is being impeded or RGTB that any person would obstruct or hinder your ability
- Exclude the person from place or vehicle
- Give reasonable direction
Explain Section 118:
Power to detain people when searching places and vehicles for the purposes of determining whether there is any connection between a person at the place or vehicle
Explain Section 119:
Search people found when searching place and vehicles if RGTB that evidential material is on that person or
RBTS the person is in possession of a dangerous item that poses a threat to safety and you believe action is needed to address
Explain Section 120:
- Fresh Pursuit
- RGTB EM on person
- Enter any place
- To apprehend and search person or vehicle
Explain AWOCA
Ask
- ID yourself and ask them to comply
Why
- Give reasons for your actions
Options
- Present options
Confirm
- Confirm that they understand options
Action
- Take action
Special rules for searching people Section 125 (1)(i)
You can search any item that the person is wearing, carrying, has in their physical possession or immediate control
Section 125 (1)(j) Seizing items
You can seize any item that the person is wearing, carrying or has in their possession if that is the item you are searching for (can seize anything else too if it can be lawfully seized)
When does privilege NOT apply
When the information is made, received, compiled or prepared for a dishonest purpose or to enable or aid any person to commit an offence
Recognised privileged material includes material gained through communication with who?
- Legal advisers
- Ministers of religion
- Medical practitioners
- Clinical psychologists
- Informers
- Journalists
What must you do when a search involves privileged material?
- Ensure the person or representative is present when the search is undertaken
- Give the person a reasonable opportunity to claim privilege
What are the steps taken when someone has claimed privilege during a search?
- They must provide a list of privileged material
- You must provide an inventory
- They may make a copy before you seize it
- If you’re expecting a claim of privilege, secure the items but do not keep examining it
