Powers Final Flashcards
Section 9 - Lepra
Power to enter in emergencies
A) breach of the peace is likely to be committed
B) significant injury
Section 10 - Lepra
Power to enter to arrest or detain someone or execute a warrant
Section 11 - Lepra
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
Section 13A - Lepra
Identity of suspected AVO defendant may be required to be disclosed
Section 19 - Lepra
Power of police officer to request proof of identity
Section 21 - Lepra
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
Section 22 - Lepra
Power to seize and detain dangerous article on premises
Section 23 - Lepra
Power to search persons for dangerous implement without warrant in a public place or school
Section 27 - Lepra
Power to carry out search on arrest
Section 28A - Lepra
Power to carry out search of person in lawful custody after arrest
Section 30 - Lepra
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
Section 31 - Lepra
Strip searches
Section 32 - Lepra
Preservation of privacy and dignity during search.
Section 33 - Lepra
Rules for conduct of strip searches
- private area
- not In view of opposite gender
- can’t search cavities
Section 36 - Lepra
Power to search vehicles and seize things without a warrant
Section 68 - Lepra
Announcement before entry
- allow adequate time to comply
- state the reason for entry
- announce their office
- make presence known
Section 82 - Lepra
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
Section 83 - Lepra
Warrant where entry defined or authority to remain refused
Section 85 - Lepra
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
Section 86 - Lepra
Police may enter and search for firearms
- police suspect a DV has occurred or is likely to occur
Section 87 - Lepra
DV search and seizure powers
- search for dangerous article/implement that has/may be used in a dv offence
Section 88 - Lepra
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
Section 90 - Lepra
When a crime scene may be established
- traffic incident resulting in death or serious injury
- serious indictable offence
- evidence elsewhere connected to SIO
Section 100 - Lepra
Power of other person to arrest without a warrant
- person is committing an offence
- person has just commuted offence
- person has committed SIO
