Round 2 Flashcards
Name the 3 types of searches:
- Warrentless power
- Search Warrant
- Consent search
Rules and Obligations when searching persons (s125)
Name your 4 obligations when searching a person:
- Identify yourself by name or unique identifier.
- Advise the person being searched the name of Act and reason for the search.
- Produce ID if not in Police uniform.
- Promptly provide an inventory of items seized to the person searched.
Reporting use of powers (s169)
When using a Warrantless search power of entry, searc or surveillance you must report this within what time framework?
As soon as practicable Police policy states before the end of shift.
Securing a place, vehicle or other thing to be searched
S116(1)(a) If you are carrying out any search of a place, vehicle or any thing you may in a reasonable manner and for a reasonable duration do what 3 things?
- Secure the place, vehicle or other thing being searched. (Freeze control preserve)
- Secure any part of that place, vehicle or thing.
- Secure any items found in that place, vehicle or thing.
Securing a place, vehicle or other thing to be searched
S116(1)(b) if you believe a person will obstruct or hinder any of the powers above you may in a reasonable manner and duration do what 3 things?
- Exclude any person from the place, vehicle or other thing being searched.
- Exclude any person from any area with the place, vehicle or other thing.
- Gicve any reasonable direction to such a person.
Securing a place, vehicle or other thing to be searched
S116(2) if you are exercising the powers under 116 and any person affected by the search requests it you must produce what 3 things?
- Identify yourself by name or unique identifier.
- Advise the person being searched the name of Act and reason for the search.
- Produce ID if not in Police uniform.
Who can authorise a search warrant? An issuing officer can be…
District Court Judge High Court Judge Justice of the Peace Community Magistrate Registrar Deputy Registrar
How long is a search warrant valid?
Generally 14 days from the date of issue as specified by the IO or 30 days if justified to be necessary and the IO is satisfied.
Who may execute a search warrant?
The person(s) to whom it is directed or any Constable and authorised officer warranted by the Commisssioner to exercise search powers.
When can a search warrant be executed?
At any time that is reasonable or at a restricted time directed by the IO.
When is a search warrant considered executed?
When the evidential material specified in the search warrant is seized or you leave that place for over 4 hours.
How often can a search warrant be executed?
Once unless more than one execution is applied for and authorised.
You are applying for a warrant to search a gang headquarters for evidential material relating to the manufacturing of methamphetamine. What if you believe that complying with notice obligations would be dangerous to those involved?
You can apply to a judge to postpone your obligations to leave a copy of the SW when you are applying for the search warrant or up to 7 days after the SW was executed.
What are your obligations on entry at a search warrant?
Identify yourself by name or something unique identifier
State the name of the Act and the reason for your search
Announce your intention to enter and search
Provide a copy of the SW
You can only search for evidential material specified on the SW however S & S Act provides powers for dealing with other items that you may find in the course of executing a SW name the two search powers?
S112 items of uncertain status may be seized
S123 Seizure of items in plain view
