Police Powers Searching Etc. Flashcards
Question 1: It is 3am and you are patrolling an industrial park area of a LAC. You observe a
panel van driving down the roadway a short distance in front of them. You can only see the
driver in the vehicle. Upon seeing police, the driver immediately slows down to around 10
km/h below the sign posted speed limit. Police conduct a vehicle check on the panel van;
radio confirms that the vehicle is currently registered. There is one previous COPs entry
that is three years old indicating that the vehicle was used in a ram raid in the city.
Ignoring any specific legal issues, prima facie what LEPRA power may allow police to stop,
search and detain the vehicle and occupants AND why this power is relevant?
- Section 36 of LEPRA - allows a police officer without a warrant to stop, search and detain a
vehicle if the police officer suspects on reasonable grounds that the vehicle or occupants are
connected with the commission of a relevant offence
Question 2: Section 99 of LEPRA
Section 99(1)(a) - A police officer may, without a warrant, arrest a person if:
- The police officer suspects on reasonable grounds that the person is committing or has
committed an offence, or
Section 99(1)(b)
- Fleeing the scene
- Identity of the offender not known
- Nature of the offence
- Evidence to be preserved
- Continuation of the offence
- Harassment of witness/victim
- Appearance before court
- Property to be obtained
- Safety and well-being of victims/witnesses
Question 3: Police are called to a suspicious vehicle in relation to a concern for welfare. You
can smell a pungent odour emanating from the boot of the car. A source tells you the car
has been parked there for the past week.
With reference to LEPRA, what actions are available to Police?
- Section 9 of LEPRA - allows police to force entry into the vehicle if the police officer believes on
reasonable grounds a person has suffered significant injury - In this circumstances it would be the smell and circumstances
- A police officer can enter the vehicle and do what is reasonably necessary to do in the
circumstances
Question 4: Explain Section 9 and 10 of LEPRA
Section 9: Enter in an emergency
- Police officer may enter a premises if they believe on reasonable grounds that:
- A breach of the peace is being or is likely to be committed and necessary to enter
immediately to end or prevent the breach of peace
- Person has suffered significant physical injury or there is imminent danger of significant
physical injury to a person
- Body of a person who has died, otherwise than as a result of an offence, is on the
premises and there is no occupier to consent to the entry
Section 10: Power to enter to arrest or detain someone or execute warrant
- Police officer may enter and stay for reasonable time on premises to arrest or detain a person
under this act or named in a warrant
- Police office may only enter if they believe on reasonable grounds that the person is in the
dwelling
- May enter and search the premises for that person
What are your powers of Entry which Section and Legislation it comes from?
Power to enter in emergencies - Section 9
- Reasonable suspicion the following is occurring or likely to occur:
- Breach of the peace
- Person has suffered significant physical injury (or there is imminent danger of this
occurring
- Police may only enter and remain on the property to stop the offence or prevent it from
occurring
Entry for arrest, arrest warrant or detain - Section 10
- Police may gain entry and stay for a reasonable amount of time on premises to:
- Detain a person under an Act
- Arrest a person - Police can search the premises for that person
What are your powers to request identity?
Note: there are two Sections:
Power to request identity - Section 11
- Police may request identity if identity unknown and may assist with investigation of
alleged indictable offence
- This may be because person was at, or near the place the offence was committed
before, when or soon after it occurred
Power to request identity of driver or passenger - Section 14
- If believed on reasonable grounds vehicle has been used in connection with an indictable
offence
- Driver must disclose their identity and any passenger
- Passenger must disclose their identity, the driver and any other passengers
- Owner must disclose driver, and passengers
What are your powers to arrest with a warrant and your powers to discontinue the arrest?
LEPRA
- Arrest with warrant section (101)
- Discontinue arrest section (105)
What is an arrest?
a) The seizure or touching of a person’s body with a view to his/her restraint
b) Words only, if the person submits to those words and the officer’s authority
c) Words or conduct of the officer that makes it clear the person is not free to go
