Police Powers Flashcards
What is the power to search a vehicle?
S36 of LEPRA
A police officer may, without a warrant, stop, search and detain a vehicle if the police
officer suspects on reasonable grounds that any of the following circumstances exists—
a) anything stolen or otherwise unlawfully obtained,
b) the vehicle is being, or was, or may have been, used in or in connection with the
commission of a relevant offence,
(c) the vehicle contains anything used or intended to be used in or in connection with the
commission of a relevant offence,
(d) the vehicle is in a public place or school and contains a dangerous article that is
being, or was, or may have been, used in or in connection with the commission of a
relevant offence,
(e) the vehicle contains, or a person in the vehicle has in his or her possession or under
his or her control, a prohibited plant or prohibited drug in contravention of the Drug
Misuse and Trafficking Act 1985,
(f) circumstances exist on or in the vicinity of a public place or school that are likely to
give rise to a serious risk to public safety and that the exercise of the powers may lessen
the risk.
(2) A police officer may, without a warrant, stop
What is the power to search a person?
Section 21 of LEPRA
(1) A police officer may, without a warrant, stop, search and detain a person, and anything
in the possession of or under the control of the person, if the police officer suspects on
reasonable grounds that any of the following circumstances exists:
(a) anything
stolen or otherwise unlawfully obtained,
(b) anything used
or intended to be used in or in connection with the commission of a relevant offence,
(c)a dangerous article that is being or was used in or in connection with the
commission of a relevant offence,
(d)contravention of the Drug Misuse and Trafficking Act 1985, a prohibited plant or a
prohibited drug
What is the test for reasonable suspicion?
Suspicion has been held to be;
* More than an idle wondering but less than a belief:
What are the Safeguards of LEPRA as per section 202?
(1) Police must provide: Evidence they are police officer, name and place of duty, reason for
exercise of power.
(2) Must comply as soon as reasonably practicable, or in case of direction, requirement or
request before giving direction, requirement or request.
What does the case law for reasonable suspicion, grounds and belief?
George V Rockett
What is the test for reasonable grounds?
“… requires the existence of facts which are sufficient to induce that state of mind in a reasonable person.”
What is the test for reasonable belief?
“A belief is an inclination in the mind as towards assenting to rather than rejecting, a proposition and the grounds of which can reasonably induce that inclination of the mind may, depending on the circumstances, leave something to surmise or conjecture.”
* One belief, doesn’t need to be correct
What must police comply with prior to conducting a search?
(1) A police officer who searches a person must, as far as is
reasonably practicable in the circumstances, comply with this section.
(2) The police officer must inform the person to be searched of the
following matters:
(a) whether the person will be required to remove clothing during the
search,
(b) why it is necessary to remove the clothing.
(3) The police officer must ask for the person’s co-operation.
(4) The police officer must conduct the search:
(a) in a way that provides reasonable privacy for the person searched,
and
(b) as quickly as is reasonably practicable.
(5) The police officer must conduct the least invasive kind of
search practicable in the circumstances.
(6) The police officer must not search the genital area of the
person searched, or in the case of female or a transgender
person who identifies as a female, the person’s breasts
unless the police officer suspects on reasonable grounds
that it is necessary to do so for the purposes of the search.
(7) A search must be conducted by a police officer of the same
sex as the person searched.
(7A) However, if a police officer of the same sex as the person who is to be searched is not
immediately available, a police officer may delegate the power to conduct the search to
another person who is:
(a) of the same sex as the person to be searched, and
(b) of a class of persons prescribed by the regulations for the purposes of this
subsection.
The search by that other person is to be conducted under the direction of the police officer
and in accordance with provisions of this Act applying to searches conducted by police
officers.
(8) A search of a person must not be carried out while the person is being questioned. If
questioning has not been completed before a search is carried out, it must be suspended
while the search is carried out.
(8A) Subsection (8) does not prevent the asking of questions that only relate to issues of
personal safety associated with the search.
(9) A person must be allowed to dress as soon as a search is finished.
(10) If clothing is seized because of the search, the police officer must ensure the person
searched is left with or given reasonably appropriate clothing.
