S&S Flashcards
Section 7, Search and Surveillance Act 2012
Entry without warrant to arrest person unlawfully at large.
Any Constable may enter a place or vehicle without warrant to search for and arrest a person if the Constable has RGTS:
- A person is unlawfully at large and
- To believe that person is there
Section 9, Search and Surveillance Act 2012
STOPPING VEHICLE TO FIND PERSONS UNLAWFULLY AT LARGE OR WHO HAVE COMMITTED CERTAIN OFFENCES.
Can stop a vehicle without warrant to arrest a person who police have RGTS that person is:
- unlawfully at large, OR
- has committed an offence punishable by imprisonment AND
-RGTB the person is in the vehicle
Section 10, Search and Surveillance Act 2012
If vehicle stopped under Sec 9, SASA2012 you can:
a) Require any PERSON in vehicle who you have RGTS is UNLAWFULLY AT LARGE or has committed an imprisonable offence to supply name, address, other contact details and dob.
b) Search vehicle for person UNLAWFULLY AT LARGE and evidential material if person unlawfully at large has been arrested or SEEN FLEEING from vehicle
Section 14, Search and Surveillance Act 2012
Warrantless entry to prevent offence or respond to risk to life or safety:
If RGTS the circumstances in (2),
Can enter a place or vehicle and take any action they have RGTB is necessary to prevent the offence being committed or continuing, or to avert the emergency
(2) the circumstances are:
(a) an offence is being committed, or is about to be committed, that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property:
(b) there is risk to the life or safety of any person that requires an emergency response.
Section 18 (1), Search and Surveillance Act 2012
RGTS that circumstances in subsection (2) exist in relation to a person can:
(a) search the person:
(b) search any thing in the person’s possession or under his or her control (including a vehicle):
(c) enter a place or vehicle to carry out any activity under paragraph (a) or (b):
(d) seize and detain any arms found:
(e) seize and detain any licence under the Arms Act 1983 that is found
Section 18
Par two (2)
MUST KNOW VERBATIM
Circumstances are that the person is carrying firearms, is in possession of them, or has them under their control AND:
a) they are in breach of arms act 1983, or
b) by reason of their mental/physical condition are
i: incapable of proper control of firearms; or
ii: may kill or cause bodily injury to any person; or
c) Under Family Violence Act 2018;
i) a protection order or PSO is inforce; or
ii) there are grounds for an application for protection order.
Section 18
Part 3
Can without warrant, enter and search a place or vehicle,
seize and detain any arms or FLICNO found there,
if have RGTS that there are arms in the place or vehicle—
(a)
in respect of which a category 3 or 4 offence, or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed; or
(b)
that may be evidential material in relation to a category 3 or 4 offence, or an offence against the Arms Act 1983.
Section 20, Search and Surveillance Act 2012
Warrantless search of PLACES & VEHICLES in relation to MISUSE OF DRUGS ACT 1975
You may enter and search a place or vehicle without warrant if you have reasonable grounds to-
- BELIEVE it is not practical to obtain a warrant and there are drugs there AND,
- SUSPECT that in that place or vehicle an offence against the Misuse of Drugs Act 2012 has or is about to be committed in respect to that controlled drug or precursor, AND
- BELIEVE if entry and search not conducted immediately then evidence will be CAD.
Section 21, Search and Surveillance Act 2012
A constable conducting a search of a place or vehicle under section 20 may, without a warrant, search any person found in or on the place or vehicle.
Section 22, Search and Surveillance Act 2012
Warrantless search of person who you have RGTB they are in possession of drugs, AND
RGTS they have committed, is committing or is about to committ an offence against the Misuse of Drugs Act 1975
Section 27, Search and Surveillance Act 2012
202A(4)(a)
RGTS that a person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances) may, without a warrant, search the person.
Section 28, Search and Surveillance Act 2012
Stopping and Searching vehicles for offensive of 202A Crimes act
(1) A constable who has RGTS that the circumstances in subsection (2) exist in relation to a vehicle may search the vehicle.
(2) The circumstances are that—
(a) a person travelling in the vehicle or who has alighted from it is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances); AND
(b) the vehicle contains a knife, offensive weapon, or disabling substance.
Section 30, Search and Surveillance Act 2012
MUST KNOW VERBATIM
(1) A senior constable may authorise the establishment of a road block for the purpose of arresting a person in the circumstances set out in subsection (2).
(2) The circumstances are that the senior constable—
(a) RGTB that in or on a vehicle there is a person who the constable has RGTS—
(i) has committed an offence punishable by a term of imprisonment; or
(ii) is unlawfully at large; AND
(b) has RGTS that the vehicle will travel past the place where it is proposed that the road block be established; and
(c) is satisfied that, as far as is reasonably practicable, the safety of all road users will be ensured in the area in which it is proposed that the road block be established.
(3) An authorisation may be granted under this section orally or in writing.
(4) In this section, senior constable means a constable who holds a level of position of sergeant or higher, and includes any constable who is acting in any such rank.
Section 32, Search and Surveillance Act 2012
Powers after roadblock authorised:
(a) establish a road block at the place specified in the authorisation:
(b) stop vehicles at or in the vicinity of the road block:
(c) require any person in or on any vehicle stopped by the road block who the constable has RGTS has committed an offence punishable by imprisonment to state any or all of his or her name, address, and date of birth:
(d) search the vehicle for the purpose of locating a person referred to in section 30(2)(a)(i) or (ii), if the constable or any other constable has reasonable grounds to believe that the person is in or on the vehicle.
Section 110, Search and Surveillance Act 2012
Every Search Power authorises police to:
- Enter and search place, vehicle.
- Request person to assist.
- Use force on property for purpose of carrying out search
- Seize.
- bring in any equipment or use equipment there.
- Bring in a dog.
“One one oh, I run the show.”
