Power to Search

Question 1

power to search place, vehicle or other thing. S110 authorises you to:

Answer 1

1. enter & search the place, vehicle or other thing, that you are auth to enter & search
2. search any item or items found in that place, vehicle or thing (if reas)
3. use reas force in respect of any property for the purpose of carrying out the search & lawful seizure
4. seize anything that is subject of the search or anything else that may be lawfully seized
5. request assistance with entry & search
6. bring & use any equipment found on the place, vehicle or other thing
7. bring & use a trained law enforcement dog & its handler
8. copy any document, or part of a document, that may be lawfully seized
9. access a computer system or other data storage device
10. copy intangible material eg computer data
11. take photos sound & video recordings & drawings

Question 2

If your search is impeded by any person or if you have RGTB any person would obstruct or hinder your search, you could use s116 to:

Answer 2

1. exclude that person from the place, vehicle, or other thing to be searched, or any area in or on that place or vehicle
2. give any reasonable directions to that person

Question 3

Additional powers are available that you can use with your original search power (warrantless or warranted),
S116
S118
S119
120

Answer 3

S116 - secure a place, vehicle or other thing to be searched and exclude any person from there

S118 - detain people when searching places & vehicles for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle & the object of the search

S119 - can search people found when searching places & vehicles if you have RGTB that evidential material that is the object of the search is on the person or,
2. if you have RGTS that the person is in possession of a dangerous item that poses a threat to safety & you believe that immediate action is needed to address the threat.

s120 - if you are in fresh pursuit, & with RGTB that relevant evidential material is still on the person, you have the power to enter any place to apprehend the person & search the person or vehicle

Question 4

If a person resists a search use what process?

Answer 4

AWOCA

Question 5

Work through AWOKA to warn the person and arrest them for obstruction if necessary. You can then carry out what searches:

Answer 5

S85 Rub down search, or

S88 warrantless search of arrested or detained person

Question 6

What is the AWOKA process:

Answer 6

A – Ask, ask the person to comply with your search
W – Why, give reasons for your actions. Intention to search under S&SA12, based on belief/suspicion
O – Options, present options. Allow search or be arrested for obstruction
A – Action, take action. Arrest for obstruction