Police Powers Flashcards
This deck covers the police powers you need to know for your final powers exam.
What is Section 9 of LEPRA?
LEPRA, Section 9
Power to enter in emergencies
- May enter if the police officer reasonably suspects
a) To prevent or end a breach of the peace
b) Prevent or help someone with significant injury or in imminent danger of significant injury.
c) Body of someone who has died
1a) Before entering re dead body, get approval from inspector
2) Stay only as long as reasonably necessary
What is Section 10 of LEPRA?
LEPRA, Section 10
Enter to arrest, detain or execute a warrant.
What is Section 11 (2) of LEPRA?
LEPRA, Section 11
Identity may be required to be disclosed
(2) - require a person whose identity is unknown to the officer to disclose his or her identity if you are going to give them a direction.
What is Section 12 of LEPRA?
What is Section 13 of LEPRA?
Section 12 = Failure to disclose identity
Section 13 = False or misleading information about identity
What is Section 13A of LEPRA?
LEPRA Section 13A
Identity of suspected AVO defendant may be required to be disclosed
“13A AVO IN PLAY”
- A police officer may require a person whose identity is unknown to disclose their identity if the suspect on reasonable grounds that an AVO has been made against the person.
- Section 13B - Failure of person to disclose identity on requirement
- Section 13C - False or misleading information about identity
What is Section 19A of LEPRA?
LEPRA, Section 19A
Require removal of face coverings
What is Section 21 of LEPRA?
List SPAD
LEPRA, Section 21
Power to search persons & seize & detain things without warrant
General search
(SPAD)
S - Stolen or otherwise unlawfully obtained
P - Prohibited plant or drug
A - Anything used or intended / connected with relevant offence
D - Dangerous article in public place, used in connection with a relevant offence
What is Section 23 of LEPRA?
LEPRA, Section 23
Power to search persons for dangerous implements without a warrant in public places & schools
What is Section 27 of LEPRA?
LEPRA, Section 27
Power to carry out search on arrest
What is Section 28A of LEPRA?
LEPRA, Section 28A
Power to carry search of person in lawful custody after arrest
What is Section 30 LEPRA?
List rules
LEPRA, Section 30
Rules for searches generally
- Quickly run hands over the person’s outer clothing
- Require the person to remove outer clothing, jacket & shoes
- Examine anything in the possession of the person
- Pass metal detector over the persons outer clothing
- Do anything authorised by this act for the purposes of the search
What is Section 31 of LEPRA?
LEPRA, Section 31
Strip searches
- Search is reasonably necessary
- Seriousness and urgency
What is Section 32 of LEPRA?
List requirements
LEPRA, Section 32
Preservation of privacy & dignity during a search
- Request co-operation
- Only search persons of the same sex
- Offer privacy wherever possible
- Conduct least invasive search for the circumstances
- Conduct search as quickly as possible
- Explain if any clothing needs to be removed & why
- Not perform questioning while searching is being conducted
What is Section 33 of LEPRA?
List rules
LEPRA, Section 33
Rules of a strip search
- Conducted in private area
- Not in presence or view of opposite sex
- No search of cavities
- No examination of person by touch
- No more clothes than necessary
- Can be preformed in front of medical practitioner of opposite sex
If between 10-18 or impaired intellectual
- in presence of a parent or guardian
What is Section 34A of LEPRA?
LEPRA, Section 34A
Searches carried out with consent
What is Section 36 of LEPRA?
LEPRA, Section 36
Power to search vehicles & seize things without warrant
What is Section 82 of LEPRA?
LEPRA, Section 82
Entry by invitation
“Come on through”
a) investigate if a DV has occurred
b) Take action to prevent further DV offence
May stay and exercise powers under section 82 subsection 3A
a) direct person to leave or not enter
b) remove a person for failure to comply
c) prevent a person from entering
d) Prevent person removing evidence
What is Section 83 of LEPRA?
LEPRA, Section 83
Warrant where entry denied or authority to remain refused
“Leave me”
Apply for a warrant if -
- Entry has been denied or authority to remain refused
- A DV offence is being or may have been committed
- It’s necessary to enter to investigate and take action
What is Section 85 of LEPRA?
IFRAP
LEPRA, Section 85
Powers that may be exercised on entry into premises
“Do the five”
(IFRAP)
I - Investigate F - Firearms R - Render first aid A - Arrest P - Prevent further DV offences from occurring
What is Section 86 of LEPRA?
LEPRA, Section 86
Police may enter and search for firearms
“86 Pick up sticks”
What is Section 88 of LEPRA?
LEPRA, Section 88
Crime scene powers may be exercised if police officer lawfully on premises
- Lawfully on-premises
- Establish crime scenes
- Exercise powers
- Stay on-premises for that purpose
What is Section 90 of LEPRA?
LEPRA, Section 90
When a crime scene may be established
Officer suspects on reasonable grounds
- Traffic accident resulting in death or serious injury
- Serious indictable offence is being, was or may have been committed
- Preserve evidence of serious indictable offence committed somewhere else
- Crime scene warrant
What is Section 91 of LEPRA?
LEPRA, Section 91 - Establishment of crime scene
- Give the public notice that the premises is a crime scene
- Cannot be established more than once in 24hrs, unless you apply for a warrant
What is Section 95 of LEPRA?
- List powers
LEPRA, Section 95
Crime scene powers
(DD PP ROP)
D - Direct a person to leave the crime scene
D - Direct removal of a vehicle, vessel or aircraft
P - Prevent a person from entering the crime scene
P - Prevent a person from removing evidence
R - Remove or cause to be removed an obstruction from the crime scene
O - Open anything at the crime scene that is locked
P - Photograph or otherwise record the crime scene & anything in it
What is Section 99 of LEPRA?
LEPRA, Section 99
Power of police officers to arrest without warrant
What is Section 101 of LEPRA?
LEPRA, Section 101
Power to arrest with warrant
What is Section 105 of LEPRA?
LEPRA, Section 105
An arrest may be discontinued
What is Section 197 of LEPRA?
And list relevant conduct.
LEPRA, Section 197
Directions generally relating to public places -
(stop relevant conduct)
Relevant conduct
(CHOPS)
C - Causing fear or likely to cause fear (as long as it would cause fear to a person of reasonable firmness)
H - Harassment / intimidation
O - Obstructing traffic person or vehicle
P - Procuring prohibited drug
S - Supplying prohibited drug
What is Section 198 of LEPRA?
- List relevant conduct
LEPRA, Section 198
Move on the intoxicated person in a public place
Relevant conduct
- Likely to cause injury
- Damage to property
- Risk to public safety
- Is disorderly
- 6hrs max
(the person speech, balance, coordination or behaviour is noticeably affected.)
What is Section 198A of LEPRA?
LEPRA, Section 198A
Giving of directions to groups of persons
What is Section 199 of LEPRA?
LEPRA, Section 199
Failure to comply with a direction
- You have to establish that the person persisted after the direction was given
PART 15
What is Section 202 of LEPRA?
LEPRA, Section 202
Safeguards, (IPE)
- Inform
- Provide
- Evidence
What is Section 230 of LEPRA?
LEPRA, Section 230
Use of force generally by police officers
What is Section 231 of LEPRA?
LEPRA, Section 231
Use of force in making an arrest
What is Section 208 of LEPRA?
LEPRA, Section 208
Search detained intoxicated persons
Where do police get their power to request proof of identity?
LEPRA, Section 19
Power of police officer to request proof of identity
What is Section 34 or LEPRA?
LEPRA, Section 34
No strip searches of children under 10 years
What is Section 87 of LEPRA?
LEPRA, Section 87
Search and seizure powers
“All things that send me to heaven”
Search for dangerous article or dangerous implement
What is Section 206 of LEPRA?
LEPRA, Section 206
Detention of seriously intoxicated persons
May detain person if:
- behaving in a disorderly manner or in a manner likely to cause injury to the
person or another person or damage to property, or
- in need of physical protection
- Person may be released into the care of a responsible person
What is Section 36A of LEPRA?
LEPRA, Section 36A
Stop vehicles
Stop if reasonably suspect that someone in the vehicle is a person they have reasonable grounds to arrest, detain or search.
What is Section 76 of the Road Transport Act?
Road Transport Act, Section 76
Defective registrable vehicles
“76 needs a fix”
What is Section 169A of the Road Transport Act?
Road Transport Act, Section 169A
Direction to stop light vehicle or light combination: to enable exercise of other powers
What is Section 175 of the Road Transport Act?
Road Transport Act, Section 175
Driver/Rider to produce licence and state name/address
What is Section 177 of the Road Transport Act?
Road Transport Act, Section 177
Responsible person for vehicle to disclose drivers identity
