Overriding Powers and Obligations

Question 1

Section ___
Identification and notice requirements for person exercising search power (p_____, v_______ or o_____ t_____)
1) a person exercising a search power (other than remote access search) must before initial entry into or onto the place or vehicle or other thing to be searched:
- identify yourself - name
- act
- reason
- show ID if not in police uniform
- i_________ - state intention to enter and search the place, vehicle or other thing
2) before or on entry a copy of the search warrant must be given if applicable
3) the person exercising the search power may use reasonable force.

Answer 1

Section 131
Identification and notice requirements for person exercising search power (place, vehicle or other thing)
1) a person exercising a search power (other than remote access search) must before initial entry into or onto the place or vehicle or other thing to be searched:
- identify yourself - name
- act
- reason
- show ID if not in police uniform
- intention - state intention to enter and search the place, vehicle or other thing
2) before or on entry a copy of the search warrant must be given if applicable
3) the person exercising the search power may use reasonable force.

Question 2

Section ___
Search Powers - every search authorises the person exercising it to:
a) enter and search the p_____, v______ or o______ t_____ that the person is authorised to enter and search, and any item or items found in that place, vehicle or other thing, at any time that is reasonable.
c) use reasonable force to carry out the search and any lawful seizure
d) to s_____ anything that is the subject of the search or anything else that may be lawfully seized.

Answer 2

Section 110
Search Powers - every search authorises the person exercising it to:
a) enter and search the place, vehicle or other thing that the person is authorised to enter and search, and any item or items found in that place, vehicle or other thing, at any time that is reasonable.
c) use reasonable force to carry out the search and any lawful seizure
d) to seize anything that is the subject of the search or anything else that may be lawfully seized.

Question 3

Section ___
Reporting or exercise of powers
1) Any constable who exercises a warranties entry power, search power, or surveillance power must provide a written report to the C______ of P_____ or a designated person as soon as practical.
This section doesn’t require the provision of any report for -
a) a rub-down search under section 85 or 88 undertaken in conjunction with arrest or detention
b) search of a person in custody Section 11
c) the exercise of any entry power that does not also give the power of search
d) a search undertaken by consent

Answer 3

Section 169
Reporting or exercise of powers
1) Any constable who exercises a warranties entry power, search power, or surveillance power must provide a written report to the Commissioner of Police or a designated person as soon as practical.
This section doesn’t require the provision of any report for -
a) a rub-down search under section 85 or 88 undertaken in conjunction with arrest or detention
b) search of a person in custody Section 11
c) the exercise of any entry power that does not also give the power of search
d) a search undertaken by consent

Question 4

Section ___
Special rules about s_______ p_______
1) If a person exercises a power to search a person, the person exercising the power:
a) must i_______ himself or herself by name or unique identifier
b) state the name of the e_______ and the r_______ for the search (unless impractical to)
c) show I_ if not in police uniform
d) may d______ the person to enable the search to be carried out
e) may use reasonable force to conduct the search
f) may search any i______ that
- the person is w______ or carrying
- is in the persons physical p________ or immediate control
AND
J) may s_______ any thing carried by the person if that thing is subject of the search or may be otherwise lawfully seized.

Answer 4

Section 125
Special rules about searching persons
1) If a person exercises a power to search a person, the person exercising the power:
a) must identify himself or herself by name or unique identifier
b) state the name of the enactment and the reason for the search (u less impractical to)
c) show ID if not in police uniform
d) may detain the person to enable the search to be carried out
e) may use reasonable force to conduct the search
f) may search any item that
- the person is wearing or carrying
- is in the persons physical possession or immediate control
AND
J) may seize any thing carried by the person if that thing is subject of the search or may be otherwise lawfully seized.