Power to search

Question 1

Power to search a place, vehicle or other thing (pg 16)

Each search power authorises you to use additional powers when searching a place, vehicle or other thing with or without a warrant.

Section 110 authorises you to:

Answer 1

• 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 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 photos, sound and video recordings and drawings

Question 2

What if your search is impeded (pg 16)

Answer 2

If your search is impeded by any person or if you have RGTB that any person would obstruct or hinder your ability to search, then you could use section 116 to:

• 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 - S 116 (pg 16)

Answer 3

You can secure a place, vehicle or other thing to be searched and exclude any person from there.

Question 4

Additional powers - S 118 (pg 16)

Answer 4

You can detain people when searching places and vehicles for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the section.

Question 5

Additional powers - S 119 (pg 17)

Answer 5

• 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
• 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

Question 6

Additional powers - S 120 (pg 17)

Answer 6

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 7

AWOCA (pg 17)

Answer 7

A - Ask - greet the person and identify yourself
- - Ask the person to comply with your search

W - Why - give the reasons for your actions

• • Intention to search under the S and S Act 12
• • Based on belief / suspicion

O - Options - present options:

• • Allow search or
• • Be arrested for obstruction

C - Confirm - confirm that the person understands the options

A - Action - take action:
- Arrest for obstruction

Question 8

Special rules for searching people (pg 18)

S125

Answer 8

• You can search any item that the person is wearing, carrying, has in their physical possession or immediate control
• You can seize any item that the person is wearing, carrying or is in their immediate possess if that is the item you are searching for
• You may also seize any item that may be lawfully seized even if it was not the subject of your search
• Any search you undertake must be conducted with decency and sensitivity; affords the person a degree of privacy and dignity

Question 9

Detaining a person who tries to leave the search place (pg 18)

Force

Answer 9

If the person who is detained for the search tries to leave the place or vehicle you can use reasonable force to detain the person to be searched

Question 10

Detaining a person who arrives at the search place (pg 18)

If someone else arrives at the place or vehicle and starts talking to the person you have detained under S 118 depending on the circumstances you may:

Answer 10

• Exclude that person from the search scene if you have RGTB the person will obstruct or hinder your powers (S116)
• Detain that person to determine if there is any connection between them and the object of your search (S118)
• Search that person if you have RGTB that they may have evidential material on them ( S119)
• Search that person if you have RGTS that they may have a dangerous item that poses a threat to safety and you believe you need to act immediately to address that threat. (S119)