Power to Search

Question 1

Each search power authorises you to use additional powers when searching a place, vehicle or other thing with or without a warrant. What does section 110 authorise you to do?

Answer 1

• Enter and search the place, vehicle or other thing, that you are authorised to enter and search.
• Search and item or items found in that place, vehicle or thing (if reasonable)
• Use reasonable force in respect to property for the purpose of carrying out the search and lawful seizure
• Seize anything that is the subject of the search or anything else that may be lawfully seized
• Request assistance with entry and search
• Bring and use any equipment found on the place, vehicle or other thing
• Bring and use a trained law enforcement dog and its handler
• Copy any document, or part of a document that may be lawfully seized
• Access a computer system or other data storage device
• Copy intangible material e.g., computer data
• Take photographs, sound and video recordings and drawings.

Question 2

– If your search is impeded by any person or if you have RGTB that any person would obstruct or hinder you ability to search, then you could use section 116. What does Section 116 enable you to do?

Answer 2

• Exclude that person from the place, vehicle, or other thing being searched, or any area in or on the place or vehicle.
• Give any reasonable direction to that person

Question 3

Additional powers are available that you can use with your original search power – whether warrantless or warranted. Which sections give you these additional powers and describe them?

Answer 3

• Section 116, You can secure a place, vehicle or other thing to be searched and exclude any person from there.
• Section 118, You can “detain people” when searching places and vehicles for the purposes of determining whether there is any connections between a person at the place or in or on the vehicle and the object of the search.
• Section 119, You can SEARCH people found when searching places vehicles or other things if you have RGTB that evidential material that is object of the search is on that person OR if you have RGTS that the person is in possession of a dangerous item that poses a threat to safety and you believe that immediate action is needed to address that threat.
• Section 120, If you are in FRESH PURSUIT, and with RGTB that relevant evidential material is still on the person, you have the power to enter any place to apprehend the person and SEARCH the person or vehicle.

Question 4

If a person resists a search, use the AWOCA process to warn the person and arrest them for obstruction if necessary. Explain the AWOCA process?

Answer 4

• ASK, Greet the person and ID yourself and ASK the person to comply with your search.
• WHY, Give the reasons for your actions. This involves your intention to search under the SnS Act 2012 based on belief/suspicion
• OPTIONS, Present search, allow search OR be arrested for obstruction.
• CONFIRM, confirm that the person understands the options
• ACTION, Take action, arrest for obstruction.

Question 5

What are the “special rules” for searching people?

Answer 5

• You can search any item that the person is wearing, carrying, has in their physical possession or immediate control (Section 125(1)(i))
• Any search you undertake must be conducted with decency and sensitivity. It MUST also be conducted in a manner that affords to the person being searched THE DGEREE OF PROVACY AND DIGNITY that is consistent with achieving the purpose of the search.
• You can then SEIZE any item that the person is wearing carrying, has in their immediate possession if that you are searching for Section 125(1)(j)).
• You may also seize any item that may be lawfully seized even if it was nor the subject of your search (Section 125(1)(j)). Remember t promptly provide an inventory of theses items.

Question 6

– If a person who is detained for the search tries to leave the place or vehicle, what can you do? And what section does it refer to?

Answer 6

You can use reasonable force to detain the person to be searched under section 118(4).

Question 7

If someone else arrives at the place or vehicle and starts talking to the person you have detained under section 118 and depending on the circumstances, what can you do?

Answer 7

• EXCLUDE that person from the search scene if you have RGTB the person will obstruct or hinder your powers (Section 116(1)(b))
• DETAIN that person to determine if there is any connection between them and the object of your search (Section 118(1))
• SEARCH that person if you have RGTB that they have evidential material on them (Section 119(1))
• SEARCH that person if you have RGTS that may have a dangerous item that poses a threat to safety and you believe you need to act immediately to address that threat (Section 119(2)(a) and (b)).

Question 8

Give two examples of “Fresh Pursuit”

Answer 8

• If the person being searched jumps in a car and quickly drives away, you may pursue the car if this is a safe action to take and your actions comply with the fleeing driver policy
• If the person being pursued, then drives onto a driveway and enters the house you may enter the house if you are in fresh pursuit of that person or vehicle. You must have RGTB the evidential material you are searching for IS STILL IN the vehicle or on that person (Section 120(1)(b)).