Powers Incidental to Search Flashcards
Section 110 (“tells me how to run the show”)
Powers incidental to search of places and vehicles.
Every power allows you to …
1. Enter & search.
2. Use force on property only to search/seize.
3. Seize anything subject of search.
Section 113
Power of people called to assist.
Section 116
Securing a PLACE, VEHICLE or thing to be searched.
(1)(a) secure (Freeze, control, preserve) place vehicle or thing. Secure any area in/on that place, vehicle or thing. Secure any items found in/on that vehicle or thing.
(1)(b) if you believe a person will obstruct or hinder the above, you may: Exclude any person, exclude any person from any area, give reasonable direction.
(2) if using powers above & person requests it, you must …
ID
State Act
Reason for search
Section 118
Powers of detention, incidental to powers to search places and vehicles.
(1) if using search power on place or vehicle & you need to work out if there’s a connection between person at place or vehicle and the object of search you may …
Detain any person …
who is in place or on vehicle at START of search.
Arrives at place while the search is going
Stops at, or enters or tries to enter vehicle while search is being carried out.
You may arrest under 176 if they try leave.
Section 119
Powers to search persons at place or vehicle.
RGTB evidential material is on person or RGTS they have a dangerous items posing threat to safety & immediate action is needed
… you may search persons
Found at place or in or on the vehicle
Who arrives at place
Who stops at, enters or tries to get in vehicle.
Section 120
Powers to pursue persons who flee being searched.
