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e19 > Powers Of Search > Flashcards

Powers Of Search Flashcards

1
Q

Power to search a person after arrest, prior to arrival at a police station?

A

S32 PACE

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2
Q

What are the four key points for a S32 (Person) search?

A
  • person arrested
  • place other than a police station
  • before being conveyed to custody
  • place near arrest
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3
Q

What three types of thing can you search for in a S32 PACE (person) search?

A

DIE

Danger to themselves or other
Implement to aid escape
Evidence of an offence

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4
Q

What can you remove in public view during a S32 PACE (person) search?

A

JOG

Jacket
Outer Garments
Gloves

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5
Q

In order to perform a S32 PACE (person) search for DIE which do you require?

A) Reasonable grounds to suspect

B) Reasonable grounds to believe

A

B) Reasonable grounds to believe

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6
Q

In order to search a person under S32 PACE you required Reasonable Grounds to Believe they are in possession of DIE.

How can you obtain those grounds if their is nothing obvious?

A

Ask, “Do you have….

  • keys
  • money
  • a phone
  • bank cards
  • wallet”

All could be used to aid escape/ harm themselves.

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7
Q

You arrest someone at a place other than a police station, what power can you use to search that person for DIE?

A

S32 PACE

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8
Q

What evidence can you search a person for when using S32 PACE?

A

Evidence of an offence.

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9
Q

What power is used to search a premises if:

The person is arrest on that premises, or was on the premises immediately prior to arrest.

A

S32 PACE

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10
Q

What circumstances must exist for a S32 PACE (premise) search?

A

Indictable offence

+

PIE

Premises arrest on
Immediately before arrest
Evidence of that offence

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11
Q

What evidence can you search for under a S32 PACE premise search?

A

Evidence of that offence

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12
Q

Which of the following types of offence must have been committed to allow a S32 PACE premise search?

(Select one or more answers)

A) Summary
B) Indictable (Either Way)
C) Indictable Only

A

B) Indictable (Either Way)

&

C) Indictable Only

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13
Q

You arrest someone inside a premise, and search that premise under S32 PACE. You find evidence of the offence for which you arrest the person.

What power can you seize that evidence under?

A

S19 PACE.

S19 PACE applies if performing a S32 premises search even if it’s evidence for which that search unlike other search powers.

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14
Q

You arrest someone for an indictable (either way offence), and want to search their house.

What power can you do this under?

A

S18 PACE

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15
Q

What evidence can you search for under S18 PACE?

A

Evidence of that or similar indictable offences

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16
Q

Who authorises a S18 PACE search?

A

Inspector

17
Q

What premises can you search under S18 PACE?

A

Premise occupied or controlled by the suspect

18
Q

Under S18 PACE you can search for evidence of that, or similar offences. Which do you need?

A) Reasonable grounds to suspect evidence of that or like offences.

B) Reasonable grounds to believe evidence of that or like offences

A

A) Reasonable grounds to suspect

19
Q

When can a S18 PACE search be used?

A) Prior to arrest

B) After arrest

A

B) after arrest

20
Q

If searching a premise under S18 PACE prior to Inspector approval, what must you do?

A

Have the suspect present.

21
Q

If you find evidence of ‘that’ or similar offences during a S18 PACE search, what power would you seize that evidence under?

A

S18

22
Q

If you found evidence of an offence unrelated to the offence for which you had originally arrested someone for, during a S18 PACE search, what power would you seize that evidence under?

A

S19 PACE

23
Q

What is the general power to seizure?

A

S19

24
Q

When seizing under S19 PACE, the seizure must be necessary to prevent what?

A

The evidence being CLAD

Concealed
Lost
Altered
Destroyed

25
Q

In order to seize under S19 PACE what must you have reasonable grounds to believe?

A
  • it’s evidence of an offence

or

  • obtain in consequence of an offence

or

  • covered by a search warrant

and necessary to prevent the evidence being CLAD

Concealed
Lost
Altered
Destroyed

26
Q

When can you retain evidence under S22 PACE?

A
  • it’s evidence in a trial
  • for further investigation
  • for forensic examination
  • to establish its lawful owner
27
Q

In order to perform a S32 PACE (Premises) Search, what do you require?

a) Reasonable grounds to suspect
b) Reasonable grounds to believe

A

B

Reasonable grounds to believe

e19 (28 decks)

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