Power To Search Flashcards
Power to Search - Section 110 Authorises you to:
- Enter and search the place, vehicle or thing, that you are authorized 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 subject of search or anything able to be lawfully seized.
- Request assistance with entry and search.
- Bring and use equipment found on place.
- Bring and use a trained law enforcement dog and handler.
- Copy any document, or part, that may be lawfully seized.
- Access a computer system or data storage device.
- Copy intangible material e.g. computer data.
- Take photos, videos, recordings and drawings.
What if your search is impeded?
If your search is impeded by any person, or if you have RGTB any person would obstruct or hinder your ability to search, you could use section 116 to:
- exclude that person from place vehicle or thing, or area within,
- give reasonable direction to that person
Additional powers that can be used with original search power - Section 116
You can secure a place, vehicle or thing, and exclude any person from there.
Additional powers that can be used with original search power - Section 118
You can detain people when searching places and vehicles to determining whether there is any connection between a person at the place on in a vehicle and the object of the search.
If they try to leave you can use reasonable force to detain them.
Additional powers that can be used with original search power - 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 needed to address that threat.
Additional powers that can be used with original search power - 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.
AWOCA - What is this used for?
If a person refuses a search, use the AWOCA process.
Work through the AWOCA to warn the person and arrest them for obstruction if necessary.
After you advise someone on AWOCA, you then K9 them, what can you then do? (Section and explain)
Section 85 - Rub down search, or Section 88 - Warrantless search of arrested or detained person
Explain AWOCA
A - Ask
Ask the person to comply with your request/search.
W - Why
Give the reason for your action.
Intent to search under SS Act, based on belief/suspicion.
O - Options
Present options, advised allow search or be arrested for Obstruction
C - Confirm
Confirm that the person understands the options.
A - Action
- Take action, arrest for Obstruction.
Special rules for searching people?
Must be conducted with decency, sensitivity, a degree of privacy and dignity that is consistent with achieving the purpose of the search.
Under section 125 (1) search, what can you do?
- Search any item the person is wearing, carrying, possesses or in their immediate control.
- Seize any of these items if that is item searching for.
- May seize that may be lawfully seized even if not the subject of the search.
If someone else arrives at the place or vehicle and starts talking to your detained, what can you do?
- Exclude that person if RGTB the person will hinder/obstruct 116
- Detain that person to determine if there is any connection between them and the search 118
- Search that person if RGTB that they have evidential material on them. 119
- Search that person if RGTS they have dangerous item that poses a threat to safety and belive you need to act immediately to address the threat 119.
Example of Fresh Pursuit
- If person flees and gets into a car, drives away, may pursue the car if safe and actions comply with fleeing driver policy.
- If person fleeing drives onto driveway and enters a house, can enter and search house. Must have RGTB evidential material you are searching for is still in the vehicle or on that person (120)
