S n S 2012 Flashcards
What is Section 112 of S n S 2012
If you are exercising a search power:
whether any item found may be lawfully seized and
it is not reasonably practicable to deternmine whether that item can be seized at the place or vehicle where the search takes place.
You have the power to remove the item for the purpose of examination.
What is Section 117 S n S 2012
These four things must exist:
A search warrant is about to be made or
has been made and has not yet been granted or refused by an issuing officer AND the officer is present at the place or thing that is or is to be the subject of the application.
You must have reasonable grounds that CADD will occur before the SW can be contained.
You can Enter, secure people and place, secure any item, and direct any person to help secure.
Expiry is 6 hours or when the application is denied or approved.
What are the powers after arrest
S83, Arrested a person for an offence RGTB that evidential material is at a place and CADD.
S84 arrested a person for an offence RGTB that evidential material is in a vehicle and CADD
What is the hierarchy of search
SW,
Warrant less power
consent search
What is Section 6 of S n S 2012
Issuing officer may issue search warrant, An issuing officer may issue a search warrant in relation to a place or vehicle on application by a constable it they are satisfied that:
to suspect that an offence specified in the application and punishable by imprisonment has,will or currently being committed and believe that the search will locate evidential material in the place.
Section 7
RGTS person unlawfully at large RGTB person in a place or vehicle.
Section 8
RGTS person committed offence punishable by imprisonment for which they may be arrested with RGTB,
person is at a place entry not effected immediately CADD will occur
Section 9
RGTS person unlawfully at large or has committed an imprisonable offence, stop a vehicle.
Section 10
RGTS person is at large or has committed a imprisonable offence RGTB they are in the vehicle powers are require details and search for person or material.
Section 15
Entry without warrant to find and avoid loss of evidential material relating to certain offences.
Must be a 14 year offence.