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ADPP Law > Powers Final > Flashcards

Powers Final Flashcards

1
Q

Section 9 - Lepra

A

Power to enter in emergencies
A) breach of the peace is likely to be committed
B) significant injury

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2
Q

Section 10 - Lepra

A

Power to enter to arrest or detain someone or execute a warrant

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3
Q

Section 11 - Lepra

A

Identity may be required to be disclosed

  • may be able to help in the investigation of serious indictable offence
  • in order to give a direction
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4
Q

Section 13A - Lepra

A

Identity of suspected AVO defendant may be required to be disclosed

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5
Q

Section 19 - Lepra

A

Power of police officer to request proof of identity

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6
Q

Section 21 - Lepra

A

Power to search persons and seize and detain things without a warrant (SIDD)

  • stolen
  • intended to be used
  • dangerous article (public)
  • drug or prohibited plant
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7
Q

Section 22 - Lepra

A

Power to seize and detain dangerous article on premises

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8
Q

Section 23 - Lepra

A

Power to search persons for dangerous implement without warrant in a public place or school

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9
Q

Section 27 - Lepra

A

Power to carry out search on arrest

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10
Q

Section 28A - Lepra

A

Power to carry out search of person in lawful custody after arrest

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11
Q

Section 30 - Lepra

A

Searches generally

  • quickly run hands over persons outer clothing
  • require to remove coat or jacket or similar items
  • examine anything in the possession of the person
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12
Q

Section 31 - Lepra

A

Strip searches

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13
Q

Section 32 - Lepra

A

Preservation of privacy and dignity during search.

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14
Q

Section 33 - Lepra

A

Rules for conduct of strip searches

  • private area
  • not In view of opposite gender
  • can’t search cavities
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15
Q

Section 36 - Lepra

A

Power to search vehicles and seize things without a warrant

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16
Q

Section 68 - Lepra

A

Announcement before entry

  • allow adequate time to comply
  • state the reason for entry
  • announce their office
  • make presence known
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17
Q

Section 82 - Lepra

A

Entry by invitation
- DV offence is being, imminent or likely to be commuted police can enter and remain on dwelling to investigate or take further action

18
Q

Section 83 - Lepra

A

Warrant where entry defined or authority to remain refused

19
Q

Section 85 - Lepra

A

Powers exercised by police officer on entry to premises (IFRAP)

  • Investigate a DV offence
  • firearms (inquire, search, seize) must be done
  • render first aid
  • arrest a person
  • prevent a DV offence
20
Q

Section 86 - Lepra

A

Police may enter and search for firearms

- police suspect a DV has occurred or is likely to occur

21
Q

Section 87 - Lepra

A

DV search and seizure powers

- search for dangerous article/implement that has/may be used in a dv offence

22
Q

Section 88 - Lepra

A

Crime scene powers may be exercised if police are lawfully on premises

  • establish a crime scene
  • exercise crime scene powers
  • stay in premises for those purposes
23
Q

Section 90 - Lepra

A

When a crime scene may be established

  • traffic incident resulting in death or serious injury
  • serious indictable offence
  • evidence elsewhere connected to SIO
24
Q

Section 100 - Lepra

A

Power of other person to arrest without a warrant

  • person is committing an offence
  • person has just commuted offence
  • person has committed SIO
25
Q

Section 101 - Lepra

A

Power to arrest with a warrant

26
Q

Section 105 - Lepra

A

Arrest may be discontinued

27
Q

Section 115 - Lepra

A

Investigation period

  • begins when person is arrested
  • maximum time of 6 hours
28
Q

Section 197 - Lepra

A

Directions relating to public places (CHOPS)

  • causing fear
  • harassment
  • obstructing traffic
  • procuring prohibited drug
  • supplying a prohibited drug
29
Q

Section 198 - Lepra

A

Move on direction to intoxicated persons in public places

  • disorderly
  • cause property damage
  • risk to public safety
30
Q

Section 198A - Lepra

A

Giving directions to group of persons

31
Q

Section 89 - Lepra

A

Detention for making/service of provisional AVO

32
Q

Section 89A - Lepra

A

Detention for making / service of provisional ADVO

33
Q

Section 287 - road rules

A

Duties of driver involved in crash

  • name and address
  • rego
  • explanation
34
Q

Section 36A - Lepra

A

Power to stop vehicles to arrest, detain or search

35
Q

Cl. 3 / sch. 3 - RTA

A

Power to conduct a random breath test

36
Q

Cl. 6 / sch. 3 - RTA

A

Power to conduct a random oral fluid test

37
Q

Cl. 4 / sch, 3 - RTA

A

Arrest following a failed/refused breath test

38
Q

Cl. 12 / sch. 3 - RTA

A

Power to arrest person involved in fatal car crash for blood and urine test

39
Q

Cl 13. / sch 3 - RTA

A

Police officer may require sobriety assessment

40
Q

Cl 14 / sch 3 - RTA

A

Arrest following failed / refused sobriety assessment

ADPP Law (1 decks)

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