Part 2 - Pg 15 > Flashcards
What does S.110 allow you to do?
- enter and search the place, vehicle or other thing, that you are authorised to enter and search
• search any item or items found in that place, vehicle or thing (if reasonable)
• use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure
• seize anything that is the subject of the search or anything else that may be lawfully seized
• request assistance with entry and search
• bring and use any equipment found on the place, vehicle or other thing
• bring and use a trained law enforcement dog and its handler
• copy any document, or part of a document, that may be lawfully seized
• access a computer system or other data storage device
• copy intangible material e.g. computer data
• take photographs, sound and video recordings and drawings
What does S.116 allow you to do?
You can secure a place, vehicle or other thing to be searched and exclude any person from there.
If your search is impeded by any person or if you have RGTB that any person would obstruct or hinder your ability to search, then you can:
- exclude that person from the place, vehicle or other thing being searched, or any area in or on the place or vehicle
- give any reasonable direction to that person
What does S.118 allow you to do?
You can detain people when searching places and vehicles for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search.
What does S.119 allow you to do?
- You can search people found when searching places and vehicles if you have RGTB that evidential material that is the object of the search is on that person or
- if you have RGTS that the person is in possession of a dangerous item that poses a threat to safety and you believe that immediate action is needed to address that threat.
What does S.120 allow you to do?
If you are in fresh pursuit, and with RGTB that relevant evidential material is still on the person, you have the power to enter any place to apprehend the person and search the person or vehicle.
Example:
If the person to be searched jumps in the car and quickly drives away you may pursue the car if this is a safe action to take and your actions comply with the Fleeing Driver policy.
Example:
If the person being pursued then drives onto a driveway and enters a house you may enter the house if you are in fresh pursuit of that person or vehicle. You must have RGTB the evidential material you are searching for is still in the vehicle or on that person (section 120(1)(b)).
What is a section 85 and section 88 search?
section 85 (rub down) section 88 (warrantless search of arrested or detained person).
What is AWOCA?
A Ask – greet the person and identify yourself.
• Ask the person to comply with your search.
W Why – give the reasons for your actions.
• intention to search under the Search and Surveillance Act 2012
• based on belief / suspicion
O Options – present options:
• allow search or
• be arrested for obstruction
C Confirm – confirm that the person understands the options
A Action – take action:
• arrest for obstruction
What does S.118(4) allow?
If the person who is detained for the search tries to leave the place or vehicle you can use reasonable force to detain the person to be searched.
If someone else arrives at the place or vehicle and starts talking to the person you have detained under section 118, depending on the circumstances you may?
- exclude that person from the search scene if you have RGTB the person will obstruct or hinder your powers (section 116(1)(b)).
- detain that person to determine if there is any connection between them and the object of your search (section 118(1)).
- search that person if you have RGTB that they may have evidential material on them (section 119(1)).
- search that person if you have RGTS that they may have a dangerous item that poses a threat to safety and you believe you need to act immediately to address that threat (section 119(2)(a) and (b)).
What is recognised privileged material, it includes material gained through communication with?
- legal advisers
- ministers of religion
- medical practitioners
- clinical psychologists
- informers (informants)
- journalists
No privilege applies if the information is made, received, compiled or prepared for a dishonest purpose or to enable or aid any person to commit an offence.
What are the procedures when a search involves privileged material held by a specified person?
You must:
• ensure that the person or their representative is present when the search is undertaken.
• give the person a reasonable opportunity to claim privilege.
As soon as practicable person must provide you with a list of the things (such as documents) which claim are privileged.
You must complete an inventory listing all documents seized and show this to the person present and check the accuracy of the inventory. Must leave a copy with them.
Be aware person may make a copy of any document before you seize it, and they may object to the seizure of any document.
If you are searching (with or without a search warrant) and have RGTB that anything discovered during the search may be privileged, then you must provide the person an opportunity to claim privilege.
If you receive or are expecting to receive a claim of privilege secure the thing subject to privilege but do not continue to search or examine it.
You should not undertake any other investigations in reliance on it unless no claim of privilege is made, or a claim is withdrawn, or the search is in accordance with the directions of the court determining the claim of privilege.
