Power to Search

Question 1

Power to Search a Place, vehicle or other thing - What S/S can I use?

Answer 1

Section 110

Question 2

What does S/S Section 110 authorise?

Answer 2

• Enter and search the place, vehicle or other thing that you are authorized to enter and search
• Search any items or items found in that place, vehicle or thing (if reasonable)
• Use reasonable force in respect of any property for the purpose of carrying out the search/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 handler and their dog
• copy any documents or part of document that may be lawfully seized
• access a computer system or other data storage device
• copy intangible material (computer data)
• take photographs, sound and video recordings/drawings

Question 3

What if search is impeded - what S/S can I use?

Answer 3

Section 116

Question 4

What does S/S Section 116 authorise?

Answer 4

• 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 5

What additional powers can you use (whether warrantless or warranted)?

Answer 5

Section 116
- Secure a place, vehicle or other thing to be searched and EXCLUDE any person from there.

Section 118
- Detain people when searching places, vehicles (to determine whether the person and place are connected)

Section 119
-You can search people found if you have RGTB that evidential material is on them
- You can search people found if you have RGTS that person is in possession of a dangerous item that poses threat to safety.

Section 120
- Freshly pursuit and have RTGB that relevant material on the person, you have the power to ENTER any place to APPREHEND and SEARCH person or vehicle.

Question 6

If person resists use AWOCA - what is AWOCA?

Answer 6

ASK - Greet the person and identify self:
(Ask the person to comply with search)

WHY - Give the reason for your actions:
(Intention of search under S/S, based on belief/suspicion)

OPTIONS - Present Options:
(Allow search OR arrested for obstruction)

CONFIRM - Confirm person understands Options:

ACTION - Take Actions:
(Arrest for Obstruction)

Question 7

Special Rules for Searching People

Answer 7

Must be conducted with decency and sensitivity. In a manner that affords the person a degree of privacy and dignity that is consistent with achieving the purpose of the search.

Question 8

Detained person tries to leave

Answer 8

Use force to detain - under Section 118.

Question 9

If person arrives at place to start talking to people at the address - what do you do?

Answer 9

EXCLUDE - if that person if you have RGTB that they will obstruct/hinder your powers

DETAIN - to determine if that person has any connection between them and the object of your search

SEARCH - if you have RGTB that they have evidential material on them

SEARCH - if you have RGTS that they have a dangerous item on them and that it poses threat/safety and you believe you need to act immediately

Question 10

Fresh Pursuit
Ex - What do you do if they jump in a car and drives away?

Answer 10

You can pursue as long as you comply with the Fleeing Driver Policy

Question 11

Fresh Pursuit
Ex - If they drive in a driveway and into a house?

Answer 11

You may enter the house if you are freshly pursuit of person or vehicle.

You must have RGTB the evidential material you are searching for is still in the vehicle or on that person.