Powers to Search

Question 1

Discuss what Section 110 authorizes you to do.

Answer 1

Section 110 authorizes you to:

• enter and search the place, vehicle or other thing, that you are authorised to enter and search
• search any item or items found in that place, vehicle or thing (if reasonable)
• use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure
• seize anything that is the subject of the search or anything else that may be lawfully seized
• request assistance with entry and search
• bring and use any equipment found on the place, vehicle or other thing
• bring and use a trained law enforcement dog and its handler
• copy any document, or part of a document, that may be lawfully seized
• access a computer system or other data storage device
• copy intangible material e.g. computer data
• take photographs, sound and video recordings and drawings

Question 2

What if your search is impeded?

Answer 2

Section 116 allows you to:

• exclude that person from the place, vehicle or other thing being searched, or any area in or on the place or vehicle
• give any reasonable direction to that person

Question 3

What additional Powers are available?

Answer 3

Section 116
You can secure a place, vehicle or other thing to be searched and exclude any person from there.

Section 118
You can detain people when searching places and vehicles for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search.

Section 119
* You can search people found when searching places and vehicles if you have RGTB that evidential material that is the object of the search is on that person or

• if you have RGTS that the person is in possession of a dangerous item that poses a threat to safety and you believe that immediate action is needed to address that threat.

Section 120
If you are in fresh pursuit, and with RGTB that relevant evidential material is still on the person, you have the power to enter any place to apprehend the person and search the person or vehicle.

Question 4

Discuss the AWOCA process.

Answer 4

The AWOCA process is:

Ask – greet the person and identify yourself.

• Ask the person to comply with your search.

Why – give the reasons for your actions.

• intention to search under the Search and Surveillance Act 2012
• based on belief / suspicion

Options – present options:

• allow search or
• be arrested for obstruction

Confirm – confirm that the person understands the options

Action – take action:

• arrest for obstruction

Question 5

What are the special rules for searching people?

Answer 5

You can search any item that the person is wearing, carrying, has in their physical possession or immediate control (section 125(1)(i)).

You can then seize any item that the person is wearing, carrying or is in their immediate possession if that is the item you are searching for (section 125(1)(j)).

You may also seize any item that may be lawfully seized even if it was not the subject of your search. (section 125(1)(j)). Remember to promptly provide an inventory of these items.

Any search you undertake must be conducted with decency and sensitivity.

Question 6

Discuss what happens if a detained person tries to leave a search.

Answer 6

If the person who is detained for the search tries to leave the place or vehicle you can use reasonable force to detain the person to be searched (section 118(4)).

Question 7

Discuss what happens when a person arrives at a search.

Answer 7

If someone else arrives at the place or vehicle and starts talking to the person you have detained under section 118 depending on the circumstances you may:

• exclude that person from the search scene if you have RGTB the person will obstruct or hinder your powers (section 116(1)(b)).
• detain that person to determine if there is any connection between them and the object of your search (section 118(1)).
• search that person if you have RGTB that 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 to safety and you believe you need to act immediately to address that threat (section 119(2)(a) and (b)).

Question 8

Discuss examples of fresh pursuit.

Answer 8

If the person to be searched jumps in the car and quickly drives away you may pursue the car if this is a safe action to take and your actions comply with the Fleeing Driver policy.

If the person being pursued then drives onto a driveway and enters a house you may enter the house if you are in fresh pursuit of that person or vehicle. You must have RGTB the evidential material you are searching for is still in the vehicle or on that person (section 120(1)(b)).