S + S Flashcards
(31 cards)
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
Search & Surveillance
Section 27
Search a person if:
- SUSPECT that they are committing an offence against s202A(4)(a) of the Crimes Act
Relates to possession of knives, offensive weapons, and disabling substances.
Doesn’t need to be in a public place.
Search & Surveillance
Which search powers would be used for searching arrested or detained person?
Not s.11
- A rubdown search, under s85-87
- A warrantless search under s.88
Search & Surveillance
Section 11 search of person ‘locked up’
You can search a person who has been taken in to lawful custody when they are:
- at a Police station or other such place or vehicle used for custody
- is, or is to be, locked up
This doesn’t include when someone is in a Police vehicle only to transport them somewhere.
You can only search someone AFTER they have been ‘locked up’ IF:
- they weren’t searched beforehand
- SUSPECT they have been in close proximity to someone who is not locked up or locked-up/not searched
- BELIEVE the person is in possession of anything that may be used to harm any person.
Don’t do a full s.11 search when you arrest someone or else it’s difficult to do one at custody. You should instead to a rub-down search (s.85) and leave the s.11 search to the custody staff.
s.11 searches are not intended to be used to find evidential material. They’re designed to be used for custody staff.
Search & Surveillance
Section 85 search
Rub-down search or a person who is arrested OR detained under ANY enactment, to ensure the person is not carrying anything that may be used to:
- harm any person or
- facilitate the person’s escape
Can be used on ANY person that is arrested or detained.
Search & Surveillance
Section 88 search
Search person for evidential material after arrest/detention
Believe that there is anything on or carried by that person that:
- is evidential material RELATING TO THE OFFENCE WHICH THE ARREST WAS MADE or the person detained.
- may harm any person or facilitate their escape
Search & Surveillance
When conducting a road block under s.30 (looking for somone who is ULAL/Offender) what powers do you have for demanding details and/or searching vehicles which are stopped?
You can stop any vehicle regardless of whether you suspect that they are your target vehicle.
You can require particulars of any person in any stopped vehicle IF you SUSPECT they have committed an imprisonable offence (doesn’t say ULAL)
You can search the vehicle to locate a person who is ULAL or an offender IF you BELIEVE that they are in the vehicle.
You can require the vehicle to remain stopped for as long as reasonable necessary to exercise the above powers (no time limit).
There is a power of arrest if they don’t remain stopped.
OT Act 1989, Section 39
A warrant issued by a judge for Police/social worker to enter, search and uplift children suffering from immediate neglect/harm etc.
(39 just in time)
OT Act 1989, Section 42
Warrantless power to uplift children/YP
BELIEVE that it is critically necessary to protect a child or young person from injury or death may without warrant:
- Enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premises of place
- Remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive.
(42 up to you)
OT Act - CYP
Section 42 - what can you do?
BELIEVE that it is critically necessary to protect a child or young person from injury or death may without warrant:
- Enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premises of place
- Remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive.
