Power to Search Flashcards
** AWOCA
If a person resist a search use AWOCA process to warn the person and then arrest if necessary.
Ask - Greet the person and identify yourself. Ask the person to comply with your search.
Why - Give reasons for your actions. Intention to search under S&SA 2012 and if it is based on belief or suspicion.
Options - Present options. Allow the search or be arrested for obstruction.
Confirm - Confirm the person understands the options.
Action - Take action, arrest for obstruction.
Section 110
Search Powers
Every search power allows the person exercising it to -
- Use reasonable force in respect of any property for the purpose of carrying out the search
- Search any items found in the place, vehicle or other thing
- Seize anything that is subject to the search or anything else that can lawfully be seized
- Request assistance with entry and search
- Enter and search the place, vehicle or other thing that you are authorised to enter and search
- Copy intangible material eg. computer data
- Access a computer or data storage device
- Take photos, sound and video recordings and drawings
- Bring and use any equipment found on the place, vehicle or other thing
- Bring and use a law enforcement dog and handler
- Copy any document that may be lawfully seized
Section 116
Secure a place, vehicle or other thing to be searched and exclude any person from there.
If you have RGTB a person will obstruct or hinder your ability to search then you can:
- Exclude that person from the place, vehicle or other thing to be searched, or any area in that place or vehicle
- Give any reasonable direction to that person
Special rules for searching people
You can search any item that the person is wearing, carrying, has in their immediate possession or control.
Must be conducted with decency and sensitivity.
You can seize any item that the person is wearing, carrying, has in their immediate possession if it is the item you are searching for, or any item that may lawfully be seized.
