Powers

Question 1

S.110 - Additional powers when searching with or without warrant

Answer 1

• enter and search P, V or OT
• request assistance with entry and search
• use reasonable force in respect of property
• seize anything that is subject of the search/that can lawfully be seized
• bring and use equipment
• use a trained police dog and its handler
• copy documents
• copy intangible material
• access computer system/data storage device
• take photos/videos/recordings/drawings

Question 2

S.112 - Uncertain status

Answer 2

Whilst carrying out a lawful search and it is not reasonably practicable to determine whether any item can be lawfully seized, you may:
- remove items for examination/analysis off site to determine if you can seize them lawfully.

Note: Any item you seize must be within the scope of the original search

Question 3

S.116 - Securing and excluding

Answer 3

• secure any P, V or OT
• exclude or give reasonable direction to any person from P, V, or OT if you have RGTB they will obstruct or hinder your search

Question 4

S.117 - Secure address for SW

Answer 4

SW application pending, RGTB EM may be CADD or removed, you may:
- enter and secure P, V or OT
- secure any item found there
- direct any person to assist with entry and securing P, V or OT

Question 5

How long can you secure the address for under S.117

Answer 5

Powers continue until whichever comes first:
- the expiry of 6 hours when first exercised
- the SW is authorised
- the SW is refused

Question 6

S.118 - Powers of detention incidental to search power

Answer 6

If exercising a search power in P or V, constable may detain any person: (to establish connection)
- who is at the P or V
- who arrives at P or V while the search is being carried out

Question 7

Person detained under 118 tries to leave

Answer 7

you may use reasonable force to detain the person to be searched

Question 8

S.119 - Powers of search by person who has power of arrest

Answer 8

When searching P or V can search people found or arriving at P or V if:
- RGTB that EM that is object of the search is on that person
OR
- RGTS that the person is in possession of a dangerous item, posing threat to safety, need immediate action

Question 9

S.120 - Fresh pursuit

Answer 9

If in fresh pursuit (power of arrest or person tries to leave before search can be conducted) you may:
- enter any place to apprehend and search person or vehicle

• RGTB that EM is on that person
  OR
• RGTS that the person is in possession of a dangerous item, posing threat to safety, need immediate action

Question 10

S.121 - Stop vehicle for search

Answer 10

Power to stop vehicle if you intend to search
for SW or warrantless search

Question 11

S.122 - Move vehicle for search/safekeeping

Answer 11

May move vehicle if lawful authority to search, impracticable to search at place

Question 12

S.123 - Items in plain view

Answer 12

When searching you may seize any item in plain view if RGTB you could have seized the item under a SW or other search power

Question 13

S.125 - Special rules for searching people

Answer 13

Must follow RAIN procedure
- may use reasonable force
- may detain
- use any equipment or aide to facilitate search
- require medical or guardianship assistance
- may search any item that the person is wearing or carrying or is in their possession or control
- seize anything in their possession or control that is subject to the search or may be lawfully seized

Question 14

S.125 any search you undertake must be

Answer 14

Any search you undertake must be conducted with decency and sensitivity. It must also be conducted in a manner that affords to the person being searched the degree of privacy and dignity that is consistent with achieving the purpose of the search

Question 15

S.127 - SW to enter and search vehicles

Answer 15

Allows you to enter any place:
- to locate the vehicle to execute SW
- if RGTB that the vehicle is there

Note: Not required to specify a place for the vehicle to be located in the SW application. Your SW target is the vehicle

Question 16

S.169 - Reporting requirements

Answer 16

Reporting warrantless entry and search powers

Must report to commissioner as soon as practicable after exercising power highlighting circumstances of warrantless search, whether EM was seized, charges laid as a result of EM

Question 17

S.22 - Search person for drugs

Answer 17

RGTS an offence against MODA75 has been, is being or will be committed in respect of a controlled drug/precursor substance

RGTB that a person is in possession of a controlled drug/precursor substance

You may search the person

Question 18

S.27 - Offensive weapons, person in public

Answer 18

RGTS a person in a public place has committed an offence against s.202A(4)(a)

You may search that person

Question 19

S.131 - Obligations when searching

Answer 19

Your obligations cover identification, intention, reason and notice

Before initial entry you must:
- identify yourself by name or QID
- provide evidence of identity if not in uniform
- announce your intention and reason to enter and search
- state the name of the Act
- give notice by providing a copy of the SW (or search notice to occupier (POL1275))
- remember to give BOR as they are detained

Question 20

Obligation notice

Answer 20

• provide copy of SW if executing a SW
• provide copy of search notice to occupier (POL1275) if using a warrantless search power

Question 21

Obligation reason

Answer 21

• provide copy of SW/POL1275
• provide inventory of items seized
• report use of certain powers (S.169)
• consider privilege (S.136 - S.147)

Question 22

When do you not have to comply with S.131 requirements

Answer 22

You do not have to comply with requirements on initial entry if you have:
RGTB that no one is lawfully present at the address

OR

RGTB this would:
- endanger any persons safety
- prejudice the successful use of the entry and search power
- prejudice on-going investigations

Question 23

If no one is home and you have RGTB no one is lawfully present

Answer 23

You may use reasonable force to enter

Leave a copy of SW/POL1275, inventory of items seized

This must be done as soon as possible after the search or within 7 days of completion of the search

Question 24

Entry refused/delayed

Answer 24

You may use reasonable force to enter the P, V or OT to be searched if you are executing a SW or warrantless search power and the person refuses entry or does not allow entry within a reasonable time following a request

Question 25

S.134 - Postponing obligations

Answer 25

If providing a copy of SW or inventory would:
- endanger the safety of any person, or
- prejudice on-going investigations

You may apply to a judge to postpone your obligations

An application to postpone is made under S.134 and should be presented to the judge:
- at the time of the SW application, or
- before 7 days has passed after the SW execution

Question 26

Rules and obligations

Answer 26

S.131
- identification and notice requirements when searching P, V or OT

S.125
- the rules for searching people

S.110
- powers incidental to search

S.169
- reporting requirements

Question 27

Additional powers

Answer 27

S.116
- securing a P, V or OT to be searched and excluding any person from there

S.118
- powers of detention incidental to search of P or V

S.119
- powers of search by a person who has power of arrest

S.121
- stopping vehicles for search

S.122
- moving vehicles for search/safekeeping

S.123
- seizure of items in plain view

S.112
- items of uncertain status may be seized

Question 28

Someone arrives at P or V and talks to the person detained under S.118 in certain circumstances you may

Answer 28

S.116
- exclude that person from scene if RGTB they will obstruct or hinder search

S.118
- detain that person to determine connection

S.119
- search that person if RGTB they have EM
- search that person if RGTS they may have a dangerous item that poses a threat to safety and you believe you need to act immediately to address the threat