Police Rules and Obligations Flashcards
What is Section 131?
search power in relation to a Place or Vehicle or Other thing
Before entry under S131, what must you do?
Identify yourself by name, or unique identifier
Announce your intention to ENTER and SEARCH the place, vehicle or other thing under the SEARCH AND SURVEILLANC ACT 2012
If you are not in uniform, you must provide proof of identity.
RAIN: Reason, Act, Intent, Name
You may use REASONABLE force under S131 if you have reasonable grounds to BELIEVE that:
No person is lawfully present in or on the place, vehicle or other thing being searched.
Announcing your intention and identifying yourself would:
Endanger any person’s safety.
Prejudice the successful use of the search and entry power.
Prejudice ongoing investigations.
What is Section 125?
Search power in relation to searching people.
Before searching a person under S125, what must you do?
Identify yourself by name, or unique identifier
Advise the person being searched of the act and reason for the search
If you are not in uniform, you must provide proof of identity.
Promptly provide an inventory (POL268)
RAN: Reason, Act, Name
What action should be taken if someone refuses to be searched under S125?
Arrest them for obstruction and the use reasonable force to search them under S39 of the Crimes Act 1961.
What is Section 169?
When a warrantless power of entry, search or surveillance is used, you must report it by completing this online notification as soon as practicable.
What should the S169 notification contain?
A summary of the circumstances
Reason you needed to exercise the warrantless power
Whether evidential material was seized
Whether criminal proceedings have been brought or are being considered as a consequence of seizing that material.
When do you not need to report under S169?
A search after arresting or detaining a person under any other enactment (Ss85 or 88)
A search of a person in lawful custody (S11)
A consent search (Ss91-96)
The exercise of a power of entry that does not confer a power of search (S14 - entry to prevent offence or respond to risk to life or safety).
