Power To Search Flashcards
Section 110 authorises you to ?
Enter and search the place, vehicle or other thing that you are authorised to enter and search
Search any item 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 and lawful seizure
Seize anything that tis 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 eg computer data
Take photographs, sound and video recordings and drawings
Explain section 116?
If you search is impeded by any person or if you have RGTB that any person would obstruct or hinder your ability to search then you can use 116 tp
- 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
Section 118?
You can detain people when searching places and vehicles for the purpose of determining whether there is nay connection 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 and vehicles if you have RGTB that evidential material that is the 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 need 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 and place to apprehend the person and search that person of vehicle.
If a person resists a search use the AWOCA process.
What does AWOCA stand for?
Ask - Ask the person to comply with your search
Why - Give the reasons for your actions, intention to search under the search and surveillance act 2012 etc
Options - Present options allow search or be arrested
Action - Take Action, arrest for obstruction
Section 125 (1)(i)
You may search any items that the person is wearing, carrying, has in their physical possession or immediate control.
Section 125(1)(j)
may seize any thing carried by the person or in the physical possession or immediate control of the person being searched if that thing is the subject of the search or may otherwise be lawfully seized
If the person who is detained for the search under 118 tries to leave the place for vehicle you can use reasonable force to detain the person to be searched.
If someone else arrived at the place or vehicle and starts taking to the person you have detained under section 118 depending on the circumstances you may:
EXCLUDE - that person from the search scene if you have RGTB the person will obstruct or hinder you 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 ave RGTB that they may have evidential material on them (Section 119 (1)).
SEARCH - that person if you have RGTS that they may have a dangerous item that poses threat to safety and you believe you need to act immediately to address that threat (Section 119 (2)(a) and (b)
Under Section 120(1)(b) if the person being pursued then drives into a driveway and enters a 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.
