Powers Final Flashcards
What is Section 9 of LEPRA?
Power to enter in emergencies
What are the 3 reasons police can enter a premises under Section 9(1) of LEPRA?
The police officer believes on reasonable grounds that:
a) A breach of the peace is being, or likely to be committed
b) A person has suffered, or there is immediate danger of, significant physical injury
c) A dead body is on the premises
What is Section 10 of LEPRA?
Power to enter to arrest, detain or execute a warrant
Police must believe on reasonable grounds that the person is in the dwelling
What is Section 19 of LEPRA?
Power of police to request proof of identity
What is Section 21 of LEPRA?
Power to search persons, seize and detain things without warrant
Under what circumstances can you search using LEPRA S.21?
(1) Police suspects on reasonable grounds that the person has in their possession any item:
a) Stolen or unlawfully obtained
b) Used in connection with an offence
c) Dangerous article used in connection with an offence
d) A prohibited plant or drug
SOAP
What is Section 21A of LEPRA?
Ancillary powers to search persons
Police can ask them to shake their hair and open their mouth
What is Section 22 of LEPRA?
Power to seize and detain dangerous articles on premises
Must suspect on reasonable grounds that dangerous article is being or was used in commission of offence
What is Section 23 of LEPRA?
Power to search persons for dangerous implements in public place or school
What is Section 27 of LEPRA?
Power to carry out search on arrest
Must be on reasonable grounds- danger to person, assist in escape from custody etc
What is Section 28 of LEPRA?
Ancillary powers, open mouth and shake, when conducting a search under section 27
What is Section 28A of LEPRA?
Power to carry out search of person in lawful custody after arrest
What is Section 30 of LEPRA?
Searches generally
Under Section 30 of LEPRA, what may police officers do while conducting a search?
(4 points)
a) Quickly run their hands over person’s outer clothing
b) Require person to remove jacket or similar
c) Examine anything in possession of the person
d) Pass metal detector over the person’s outer clothing
What is Section 31 of LEPRA?
Strip searches (when)
What is Section 32 of LEPRA?
Preservation of dignity and privacy during search
What must a police officer do when conducting a search to preserve privacy and dignity? (S. 32)
- Inform them if any clothing needs to be removed
- Why the clothing needs to be removed
- Ask for the person’s co-operation
- Provide the person with reasonable privacy
- Conduct search as quickly as is reasonably practicable
- Use the least invasive kind of search practicable
- Same sex as person
What is Section 33 of LEPRA? Include examples (3)
Rules for conduct of strip searches
- Conducted in a private area
- Cannot be seen by person of the opposite sex
- Not in presence of any person not necessary for the search
What is Section 34 of LEPRA?
No strip searches of children under 10 years
What is Section 36 of LEPRA?
Power to search vehicles and seize things without warrant
Must have reasonable grounds
What is Section 36A of LEPRA?
Power to stop vehicle to arrest or detain
