Powers Flashcards
Section 85 : Rub Down Search
-For Arrested or Detained persons.
You may carry out a rub down search when:
- The person is arrested
Or - detained under any enactment
to ensure that the person is not carrying anything that may be used to - harm any person
or
-facilitate the person’s escape
Section 88 : Search for Evidential Material
Warrantless search of arrested or detained persons.
You may search a person if you have reasonable grounds to believe the person is carrying anything that :
-is evidential material relating to the offence for which the arrest has been made or person detained.
or
may be used to harm any person.
or
may be used to facilitate the persons escape.
Section 11 : Warrantless searches of people who are or are to be locked up by police.
You may conduct a warrantless o f any person taken into lawful custody:
- At a Police Station
or
-In another premises being used for Police purposes.
or
-In or about to be placed in a vehicle being used for police purposes.
You may use this power before the person is locked up.
Section 13 : Property taken from people locked up in Police custody.
If you take property from Section 11, the property must be returned unless:
- Any money or property may need to be given in evidence.
or
-Possession of any money or property may constitute an offence.
If the person is being released from Police custody and placed under someone else’s custody any property or money must be must be delivered to:
-the person who is taking over custody
or
- the person in charge of the facility the person is being moved to
unless
any of the points about money or property above apply.
Section 92 : Purpose for which consent search may be undertaken.
You may conduct a consent search for one or more persons for these purposes:
- To prevent the commission of an offence.
- To investigate whether an offence has been committed.
- To protect life or property.
- To prevent injury or harm.
You may ask a person to consent search of : - Themselves - A Place - A vehicle or A thing apparently in their control
Section 93 : Advise that must be given before consent search is undertaken.
Before you make a consent search you must:
- Determine that the search is for a purpose authorised by section 92
and - Advise the reason for the proposed search
and - Advise the person that they may either consent to be searched or refuse.
Section 94 : Circumstances where a search is unlawful.
A consent search in unlawful if:
-It is not for a purpose set out in Section 92
or
- you fail to give the required advise set out in Section 93
or
- Consent is given by a person who does not have the authority to consent.
Section 95 : Ability of persons under 14 years to consent to searches.
Persons under the age of 14 are unable to consent the search of :
- A person or - A Vehicle or - Other thing
Section 110 : Powers Incidental to Search
Powers that you may use as a result of a search.
- Enter and Search
- Request Assistance
- Use Reasonable Force
- Seize
- Bring and Use any Equipment
- Bring and Use any Dog
- Copy any Documents
- Use reasonable measures to access computer systems.
- Copy
- Take Photos.
Section 14 : Warrantless Entry to prevent offences or respond to risk to life or safety.
If you suspect that an offence is being committed or is about to be committed that would be likley to cause:
-Injury to any Persons
or
-Serious damage to or serious loss of any property
or
-There is a risk to the life or safety of any person that requires an emergency response.
You may :
- Enter the place or vehicle without a warrant
and
- take any action that you have reasonable grounds to believe is necessary to
- prevent offending
- to avert emergency
Section 7 : Entry without a Warrant to arrest a person unlawfully at large.
If you have reasonable grounds to :
-Suspect that a person is unlawfully at large
and
-To believe that the person is in a place or vehicle
You May:
-Enter the place or vehicle without a warrant to search and arrest.
Section 8 : Entry without warrant to avoid loss of offender or evidential material.
If you have reasonable grounds to:
-suspect the person has committed an offence
and
- believe that the person is in a place or vehicle.
and
- believe that, if entry is not done then either both of the following will happen: ‘
-the person will leave the place or vehicle to avoid arrest
-evidential material relating to the offence may be concealed, altered damaged or destroyed.
You may :
-Enter without a warrant
-Search for the person who you suspect has committed an offence.
Section 83 : Entry without a warrant after arrest
if you have arrested a person and have reasonable grounds to beleive that :
- Evidential material relating to the offence is at that place.
and
- if entry is delayed in order to obtain a warrant, evidential material will be concealed altered, damaged or destroyed.
You may :
Enter without a warrant to search for evidential material, regardless of whether the person is there.
Section 84: Warrantless entry and search of vehicle after arrest.
If you have arrested a person and you have reasonable grounds to believe that :
- evidential material relating to the offence is on or on the vehicle
You may:
- Enter and search for that material without a warrant whether or not the person is in that vehicle.
Section 123 : Seizure of Items in Plain View
If you are :
- exercising a search power
- are conducting a lawful search of a person
- or are lawfully in any place or in any vehicle
You may :
- Seize any items you find
- In the course of carrying out the search
or
- as a result of observations at that place or vehicle
and you have RGTB you could have seized the item under
- any search warrant
-any other search power you may exercise.
