S + S Flashcards
Define unlawfully at large.
6 different situations
1) has an arrest warrant (excluding a fines warrant)
2) escaped from prison or absent without leave
3) has escaped from lawful custody (i.e. police cells or police car)
4) is a special or restricted patient and has escaped or failed to return (mental health)
5) is a special care recipient and has escaped or failed to return (intellectual disability)
6) is a young person who is the subject or a Youth Court “Supervision with residence” order and they are absconding from CYF custody (YJ)
Search & Surveillance
Section 7
Entry to arrest person unlawfully at large.
If you have RGTS that a person is ULAL AND RGTB that the person is in a place or vehicle, you may enter the place or vehicle without warrant to search for and arrest the person.
Search & Surveillance
Section 8
Entry to avoid loss of offender or evidential material.
- RG2 suspect that a person has committed an offence punishable by imprisonment for which they may be arrested without warrant AND
- RG2 believe that the person is in a place or vehicle AND
- RG2 believe that if entry is not effected immediately, either or both of the following may occur:
- the person will leave the place of vehicle to avoid arrest
- evidential material relating to the offence for which the person is to be arrested will be CADD
you may…
Enter the place/vehicle, search for and arrest the person you suspect has committed the offence.
You may not search for evidential material unless as arrest is made and a search incidental to that arrest is undertaken.
Search & Surveillance
Section 15
Entry and search of place to find and avoid loss of evidential material
RG2 suspect an offence punishable by 14 years imprisonment or more has been, is being, or is about to be committed AND
believe that evidential material relating to the offence is in a place AND
if entry is delayed in order to obtain a search warrant, the evidential material will be CADD
you may…
enter and search the place without warrant.
NOTE
Section 15 is about urgency. Once the urgency has passed and the scene is secured, a warrant should be obtained.
Search & Surveillance
Section 16
Searching people in public place for evidential material
RG2 believe that a person is a public place is in possession of evidential material relating to an offence punishable by 14 years imprisonment or more
you may search that person without a warrant.
Search & Surveillance
Section 17
Entry and search of vehicles in a public place for evidential material
RG2 believe that evidential material relating to an offence punishable by 14 years imprisonment or more is in or on a vehicle in a public place.
you may search that vehicle without a warrant.
NOTE:
If a vehicle is parked in a place other that a public place, use section 15 to enter and search that vehicle.
Search & Surveillance
Section 18(3)
Arms
Warrantless searches associated with arms
RG2 suspect that there are arms in any place/vehicle:
- relating to any category 3 or 4 offence or to any breach of the Arms Act 1983 that has been, is being, or is about to be committed
OR
- evidential material in relation to those offences
you may…
Enter the place, search it, seize and detain any arm or licence under the Arms Act found there.
Search & Surveillance
Section 28
Searching vehicles for offensive weapons
RG2 suspect that a person travelling in a vehicle (or who has alighted from it) is committing an offence in a public place against section 202A(4)(a) of the Crimes Act
AND
the vehicle contains a knife, offensive weapon or disabling substance
you may…
search the vehicle without warrant
Crimes Act Sec. 202(4)(a)
who, without lawful authority or reasonable excuse, has with him or her in any public place any knife or offensive weapon or disabling substance;
Search & Surveillance
Section 29
Warrantless search of vehicle for stolen property
RG2 believe that any stolen property is in or on any vehicle, you may search the vehicle without a warrant.
NOTE:
This section is intended to allow you to search a vehicle in a public place. It the vehicle is on private property, you should seek a search warrant or use an alternative warrantless power.
Search & Surveillance
Section 83
Entry and search of places after arrest
If you have arrested a person for an offence and BELIEVE that evidential material for the offence is at a place
AND
(BELIEVE - sentence continues from above) if entry is delayed to obtain a warrant, CADD will occur
you may…
enter the place to search for evidential material relating to the offence (whether or not the person was arrested there) without a warrant
Search & Surveillance
Section 84
Entry and search of vehicle after arrest
If you have arrested a person and BELIEVE that evidential material relating to the offence for which they were arrested is in a vehicle,
you may…
enter and search that vehicle without warrant.
NOTE:
No mention of CADD in this section. CADD is included when entering a place but not here.
Search & Surveillance
What can you do under s.9?
Stop a vehicle to arrest a person if:
- SUSPECT a person is ULAL or has committed an imprisonable offence
- BELIEVE the person is in/on the vehicle
MUST: Immediately after the stopping the vehicle: - identify yourself to the driver - state the Act unless impracticable - show ID if you aren't in uniform
Search & Surveillance
After you stop a vehicle under s.9, do the passengers have to provide their details to you?
Only if you suspect that they are ULAL or have committed an imprisonable offence.
Search & Surveillance
After you have stopped a vehicle under s.9, when can you search the car for evidential material?
s.10
First you need to arrest a person in the vehicle (or see them fleeing from the vehicle).
Then you can search the vehicle to search of evidential material relating to the offence which the vehicle was stopped for.
NOTE:
You can also search the vehicle for the person if you believe that they’re inside.
Search & Surveillance
Under s.30, Police can set up road blocks to stop a vehicle which is believed to have an occupant that is ULAL or has committed an imprisonable offence.
Who can authorise this?
How long can the block be set up for?
How does this block get extended?
A ‘senior’ constable (holding or acting as a sergeant of above) can authorise the road block (orally or in writing)
- BELIEVE that suspect is in the vehicle
- SUSPECT that they are ULAL or have committed imprisonable offences
- SUSPECT that they will be heading your way
Valid for 24 hours.
Can be extended for a further 24 hours by a District Court Judge in writing. Can only be extended once.
NOTE:
If you authorise the roadblock you must keep a written record of:
- the location
- the times and grounds for when authorisation was granted or renewed
