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CIB_019 - Search and Surveillance Act > POWERS > Flashcards

POWERS Flashcards

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1
Q

S7 - Entry without warrant to arrest person UL at large

A
  • suspect person is unlawfully at large
  • believe that the suspect is there
  • Enter the place or vehicle w/out warrant
  • Search the place or vehicle for the person for the purpose of arresting them
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2
Q

S8 - Entry w/out warrant to avoid loss of offender or EM

A
  • Suspect person has committed an offence punishable by imprisonable and for which they may be arrested without warrant
  • Believe person is in or on the place or vehicle and
  • Entry is not effected immediately - Person will avoid arrest or CADD
  • Enter the place or vehicle
  • Search the place or vehicle for the person for the purpose of arrest
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3
Q

S9 - Stopping a vehicle to find person UL or who have committed certain offences

A
  • Suspect person is (I) UL (ii) commuted and offence punishable by imprisonment
  • Believe that the person is in or on the vehicle
  • Stop the vehicle for the purpose of arresting that person
  • MUST wearing uniform or with a badge of authority OR
  • Immediately behind the vehicle flashing blue & red lights and sounding a siren
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4
Q

S10 - Powers and duties of Constable after vehicle stopped

A
  • Suspect person is UL or committed an offence punishable by imprisonment
  • Believe person is in or on the vehicle
  • Require person suspected of being UL or having committed an offence punishable by imprisonment to supply all details or any of his or her name address DOB other contact details
  • Search the vehicle for the person
  • Search the vehicle for EM in relations to the offence the vehicle was stopped for if: person arrested or is seen fleeing before they can be arrested
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5
Q

S15 - Entry w/out warrant to find and avoid loss of EM relating to certain offences

A
  • Suspect offence punishable by imprisonment for a term of 14 years or more has been committed or is being committed or is about to be committed
  • Believe EM relating to the offence is in the place & if entry is delayed in order to obtain a 4X the EM will be CADD
  • Enter a place without warrant
  • Search the place
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6
Q

S16 - Searching people on public place without warrant for EM relating to certain offences

A

• Believe person is in possession of EM relating to an offence punishable imprisonment for a term of 14 years or more

  • Search a person in public without a warrant
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7
Q

S17 - Warrantless entry and search of vehicle for EM relating to certain offences

A

• Believe EM relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle

  • Enter a vehicle that is in a public place
  • Search the vehicle
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8
Q

S18 - Warrantless searches associated with arms

A

• suspect is carrying an arms OR possession of them OR has them under or her control AND he/she breaching of the Arms Act 1983 OR he/she physical or mental condition (i) is incapable of having proper control of the arms (ii) May kill or cause bodily injury to any persons

  • search the person
  • search any thing in the persons possession or under his/her control
  • enter a place or vehicle to carry out and activity under paragraph
  • seize and detain any arms found
  • seize and detain any licenses under the AA 1983
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9
Q

S20 - Warrantless search of places and vehicles in relations to some misuse of Drugs Act 1975 offences

A
  • Believe it is impractical to obtain a warrant AND
  • In or on the vehicle or place there is a controlled drug specified or described in Schedule 1/2/3 AND
  • Entry and search is not carried out immediately EM relating to the suspected offence will be CADD
  • Enter the vehicle or place
  • Search the vehicle or place
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10
Q

S21 - Warrantless searches of people found in or on places or vehicle

A
  • search of a place or vehicle under s20 may without warrant, search any person found in or on the place or vehicle
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11
Q

S22 - Warrantless power to search for controlled drugs and precursor substances of offence suspected against misuse of drugs act 1975

A
  • Suspect an offence against the MODA 75 has been committed, or is being committed or about to be committed in respect of that controlled drugs or precursor substances
  • Believe person is in possession of a controlled drug specified or described in …..
  • Search the person
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12
Q

S27 - Searching people on public place without search warrant if offence against s202(4)(a) of CA 61 suspected

A

• suspect person is committing an offence against s202(4)(a) of the CA 1961 (possession of an offensive weapon)

  • Search the person
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13
Q

S28 - Stopping and searching vehicles without warrant if offence against s202A of CA 1961

A
  • suspect a person travelling in the vehicle OR
  • who had alighted from the vehicle
  • is committing an offence against 202A(4)(a) of the CA 1961
  • search the vehicle
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14
Q

S83 - entry without warrant after arrest

A
  • arrested a person for an offence
  • Believe EM relating to the offence is at a place AND that the EM will be CADD if entry to that place is delayed to obtain a warrant
  • enter the place
  • search the place for the EM relating to the offence
  • also intended to allow you to search a vehicle at the place you are searching
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15
Q

S84 - Warrantless entry and search of the vehicle after arrest

A
  • arrested a person for an offence
  • Believe material relating to the offence for which the person was arrested is in or on a vehicle
  • enter the vehicle
  • search the vehicle

Allow you to search a vehicle in a public place

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16
Q

S112 - items uncertain status may be seized

A
  • exercising a search power
  • uncertain whether any items found may be lawfully seized AND is it not reasonable practical to determine whether that item can be seized at the place or vehicle where the search takes place
  • Remove the item for the purpose of examination or analysis to determine whether it maybe be lawfully seized
17
Q

S121 - stopping vehicles with or without warrant for purposes of search

A
  • Grounds to search the vehicle exits or
  • a warrant has been issued and is in force for the vehicle
  • Stop the vehicle to conduct the search
18
Q

S45 - Restriction on some trespass surveillance and use of interception device

A

• You must be obtaining evidential material in relations to an offence punishable by a term of imprisonment of 7 years or more or against 44/45/50/51/54/55 of AA1983

  • undertake trespass surveillance
  • use an interception device
19
Q

S46 - activities which surveillance device warrant required

A

•

CIB_019 - Search and Surveillance Act (6 decks)

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