POWERS OF SEARCH

Question 1

Power to search a place, vehicle or other thing – Section 110 authorises you to

Answer 1

• Enter and search a place
• Search any items found in that place vehicle or other thing
• Use reasonable force to any property to carry out the search and lawful seizure
• Seize anything subject to the SW and anything that could lawfully be seized
• Request assistance with entry and search
• Use equipment found on the place, vehicle or other thing
• Use a law enforcement dog and its handler
• Copy any document or part document that can be lawfully seized
• Access a computer system or data storage device
• Copy intangible documents
• Take photographs, sound and video recordings and drawings

Question 2

What if you search is impeded and what section does it relate to

Answer 2

If someone impedes your search and you have RGTB that they would obstruct or hinder the ability to search, then you can use section 116:

• Exclude that person from the place, vehicle or other thing that is being searched
• Give reasonable direction to that person

Question 3

Additional powers for Section 116

Answer 3

Secure a place, vehicle or other thing and exclude any person from there

Question 4

Additional powers for Section 118

Answer 4

Detain people while searching the place, vehicle, or other thing to determine if there is a connection between a person and the place.

Question 5

Additional powers for Section 119

Answer 5

Search any person found when searching places, vehicles if you have RGTB that evidential material that is an object of the search is on that person or
• You have RGTS that they have possession of a dangerous item that poses a threat and immediate action is needed to address the threat

Question 6

Additional powers for Section 120

Answer 6

Fresh pursuit and you have RGTB evidential material is on that person the power to enter any places to apprehend that person and search the person or vehicle

Question 7

If a person resists a search use AWOCA

Answer 7

AWOCA and warn for obstructions if necessary then carry out Section 85 (Rub down search) or Section 88 (Warrantless search of arrested or detained person

Question 8

AWOCA means

Answer 8

• Ask – Greet the person and ask the person to comply with your search
• Why – Give the reason for your search
• Options – Present options – Allow the search or be arrested for obstructions
• Confirm – Confirm that the person understands his options
• Action – Take Action

Question 9

What section is “Special rules for searching people” and outline the rules

Answer 9

• Section 125 - You can search any item that the person is wearing, carrying, has in his possession or immediate control.
• A search must be conducted with decency and dignity of the search
• Seize any items that may be lawfully seized even if it was not subject of your search
• Provide an inventory list of the items seized (268)

Question 10

What can you do if a person tries to leave during the search? What section

Answer 10

Section 118(4) If the person is detained for the search tries to leave you can use reasonable force to detain the person to be searched

Question 11

A person arrives at the search place – Under Section 118 you may

Answer 11

• Exclude – That person from the search scene if you have RGTB that the person will obstruct or hinder or obstruct your search or powers (Section 116(1)(b))
• Detain – That person to determine if there is an connection between them and the object of the search (Section 118(1))
• Search – That person if you have RGTB they may have evidential material on them (Section 119(1))
• Search – That person if you have RGTS that they may have a dangerous item that poses a threat or safety and you believe you need to act immediately to address the threat (Section 119(2)(a) and (b))

Question 12

Privileged material is

Answer 12

Privileged that allows the holder of the particular information to refuse to disclose the information. No privilege applies if the information is received, complied or for a dishonest purpose or aid any person to commit an offence

Question 13

Recognised privilege material gained through communication is with?

Answer 13

• Legal advisers
• Ministers or religion
• Medical practitioners
• Clinical psychologist
• Informers or Journalists

Question 14

Set procedures when a search involves privilege material – You must:

Answer 14

• Ensure the person or representative is present
• Give the person reasonable opportunity to claim privilege
• If you have RGTB that anything discovered during the search may be privileged, you must provide the person an opportunity to claim privilege
• If you receive or expecting a claim of privilege secure the thing and do not search or examine