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ADPP Session 1 & 2 > Police Powers > Flashcards

Police Powers Flashcards

This deck covers the police powers you need to know for your final powers exam.

1
Q

What is Section 9 of LEPRA?

A

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
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2
Q

What is Section 10 of LEPRA?

A

LEPRA, Section 10

Enter to arrest, detain or execute a warrant.

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3
Q

What is Section 11 (2) of LEPRA?

A

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.

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4
Q

What is Section 12 of LEPRA?

What is Section 13 of LEPRA?

A

Section 12 = Failure to disclose identity

Section 13 = False or misleading information about identity

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5
Q

What is Section 13A of LEPRA?

A

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
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6
Q

What is Section 19A of LEPRA?

A

LEPRA, Section 19A

Require removal of face coverings

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7
Q

What is Section 21 of LEPRA?

List SPAD

A

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

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8
Q

What is Section 23 of LEPRA?

A

LEPRA, Section 23

Power to search persons for dangerous implements without a warrant in public places & schools

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9
Q

What is Section 27 of LEPRA?

A

LEPRA, Section 27

Power to carry out search on arrest

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10
Q

What is Section 28A of LEPRA?

A

LEPRA, Section 28A

Power to carry search of person in lawful custody after arrest

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11
Q

What is Section 30 LEPRA?

List rules

A

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
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12
Q

What is Section 31 of LEPRA?

A

LEPRA, Section 31

Strip searches

  • Search is reasonably necessary
  • Seriousness and urgency
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13
Q

What is Section 32 of LEPRA?

List requirements

A

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
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14
Q

What is Section 33 of LEPRA?

List rules

A

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

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15
Q

What is Section 34A of LEPRA?

A

LEPRA, Section 34A

Searches carried out with consent

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16
Q

What is Section 36 of LEPRA?

A

LEPRA, Section 36

Power to search vehicles & seize things without warrant

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17
Q

What is Section 82 of LEPRA?

A

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

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18
Q

What is Section 83 of LEPRA?

A

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
19
Q

What is Section 85 of LEPRA?

IFRAP

A

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
20
Q

What is Section 86 of LEPRA?

A

LEPRA, Section 86

Police may enter and search for firearms

“86 Pick up sticks”

21
Q

What is Section 88 of LEPRA?

A

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
22
Q

What is Section 90 of LEPRA?

A

LEPRA, Section 90

When a crime scene may be established

Officer suspects on reasonable grounds

  1. Traffic accident resulting in death or serious injury
  2. Serious indictable offence is being, was or may have been committed
  3. Preserve evidence of serious indictable offence committed somewhere else
  4. Crime scene warrant
23
Q

What is Section 91 of LEPRA?

A

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
24
Q

What is Section 95 of LEPRA?

  • List powers
A

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

25
Q

What is Section 99 of LEPRA?

A

LEPRA, Section 99

Power of police officers to arrest without warrant

26
Q

What is Section 101 of LEPRA?

A

LEPRA, Section 101

Power to arrest with warrant

27
Q

What is Section 105 of LEPRA?

A

LEPRA, Section 105

An arrest may be discontinued

28
Q

What is Section 197 of LEPRA?

And list relevant conduct.

A

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

29
Q

What is Section 198 of LEPRA?

  • List relevant conduct
A

LEPRA, Section 198

Move on the intoxicated person in a public place

Relevant conduct

  1. Likely to cause injury
  2. Damage to property
  3. Risk to public safety
  4. Is disorderly
  • 6hrs max

(the person speech, balance, coordination or behaviour is noticeably affected.)

30
Q

What is Section 198A of LEPRA?

A

LEPRA, Section 198A

Giving of directions to groups of persons

31
Q

What is Section 199 of LEPRA?

A

LEPRA, Section 199

Failure to comply with a direction

  • You have to establish that the person persisted after the direction was given
32
Q

PART 15

What is Section 202 of LEPRA?

A

LEPRA, Section 202

Safeguards, (IPE)

  • Inform
  • Provide
  • Evidence
33
Q

What is Section 230 of LEPRA?

A

LEPRA, Section 230

Use of force generally by police officers

34
Q

What is Section 231 of LEPRA?

A

LEPRA, Section 231

Use of force in making an arrest

35
Q

What is Section 208 of LEPRA?

A

LEPRA, Section 208

Search detained intoxicated persons

36
Q

Where do police get their power to request proof of identity?

A

LEPRA, Section 19

Power of police officer to request proof of identity

37
Q

What is Section 34 or LEPRA?

A

LEPRA, Section 34

No strip searches of children under 10 years

38
Q

What is Section 87 of LEPRA?

A

LEPRA, Section 87

Search and seizure powers

“All things that send me to heaven”

Search for dangerous article or dangerous implement

39
Q

What is Section 206 of LEPRA?

A

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

40
Q

What is Section 36A of LEPRA?

A

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.

41
Q

What is Section 76 of the Road Transport Act?

A

Road Transport Act, Section 76

Defective registrable vehicles

“76 needs a fix”

42
Q

What is Section 169A of the Road Transport Act?

A

Road Transport Act, Section 169A

Direction to stop light vehicle or light combination: to enable exercise of other powers

43
Q

What is Section 175 of the Road Transport Act?

A

Road Transport Act, Section 175

Driver/Rider to produce licence and state name/address

44
Q

What is Section 177 of the Road Transport Act?

A

Road Transport Act, Section 177

Responsible person for vehicle to disclose drivers identity

ADPP Session 1 & 2 (19 decks)

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