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S&S > S&S > Flashcards

S&S Flashcards

1
Q

A lawful search is a search that is conducted with?

A
  • a search warrant
  • under a warrantless search power
  • with the persons consent
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2
Q

A reasonable search is a search that?

A
  • complies with section 21 of the bill of rights act
  • takes into consideration nature of the search, how intrusive the search is and where and when the search takes place
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3
Q

What to think about when you are considering practical grounds for a written SW?

A
  • is there time to gain approval and apply for a search warrant
  • can the scene be secured (s117)
  • are reasonable resources available to minimise risk and ensure safety
  • is the evidential material at risk
  • location of the search and who may be present
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4
Q

If it is not practical to apply for a SW what are the other options available to you?

A
  • searching using a warrantless power
  • search by consent
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5
Q

Why use a search warrant?

A
  • requires judicial oversight
  • provides greater protection for police and the public
  • requires recording and reporting of results
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6
Q

S&S 2012 s91-96 covers consent searches.

Before conducting a search by consent (s92) you must be sure the search is for one of the following reasons:

A
  • to prevent the commission of an offence
  • to investigate whether an offence has been committed
  • to protect life or property
  • to prevent injury or harm
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7
Q

A person under 14 cannot-

A

Unable to consent to the search of a place, vehicle or thing. (Unless they are found driving with no passenger of or over 14 years of age with authority to consent to the vehicles search)

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8
Q

Tangible is-

A

Something that can be touched

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9
Q

Intangible is-

A

Something that’s unable to be touched, not having a physical presence.

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10
Q

CADD is-

A
  • Concealed(burying or hiding)
  • altered (changing something to disguise item)
  • damaged (cutting stolen car up)
  • destroyed (consuming or burning)
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11
Q

What obligations do you have when searching place, vehicle or other thing? s131

A
  • identification
  • intention
  • reason
  • notice

(name or QID, ID, announce intention to enter and search, state name of act, give SW, BOR)

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12
Q

If executing a search warrant you must-

A

Provide a copy of the search warrant

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13
Q

If using a warrantless search power

A

RAN

State the name of the enactment under which the search is taking place, and reason

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14
Q

You do not have to comply with requirements on initial entry if you have RGTB:

A
  • endanger any persons safety
  • prejudice the successful use of the entry and search power
  • prejudice ongoing investigations
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15
Q

s110 authorises you to:

A
  • enter, search place vehicle or other thing authorised to search
  • search any item or items found in that place, vehicle or thing (if reasonable)
  • use reasonable force in resepect of any property
  • seize anything that is the subject of the search or can be lawfully seized
  • request assistance with entry and search
  • bring and use train law enforcement dog and it’s handler
  • access computer system and copy I tangible material
  • take photographs, sound, video recordings and drawings
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16
Q

If search is impeded by any person or you have RGTB that person will obstruct or hinder search. Use s116 to:

A
  • exclude that person from the place, vehicle, or other thing being searched
  • give any reasonable direction to that person
17
Q

Section 116-

A

You can secure a place, vehicle or other thing to be searched and exclude any persons from there

18
Q

Section 118

A
  • you can detain people when searching places and vehicles for the purposes of determining connection between them and search place
  • use reasonable force to detain person to be searched

If someone arrives at search and talks to the person you have detained you can;
- exclude that person from scene
- detain that person to determine connection to search
- search that person RBTB EM
- Search that person RGTS they may have dangerous item on them

19
Q

S119

A
  • you can search people found when searching places and vehicles if you have RGTB that EM is on the person
  • RGTS that the person is in possession of a dangerous item that poses a threat to safety and immediate action is needed to address threat
20
Q

S120

A
  • in fresh pursuit, RGTB EM is still on person, you have power to enter any place to apprehend the person and search person or vehicle
21
Q

Privileged material is gained through:

A
  • legal advisers
  • ministers of religion
  • medical practitioners
  • clinical psychologists
  • informants
  • journalists
22
Q

Set procedures when a search involves privilege material. You must:

A
  • ensure that the person or their representative is present when the search is undertaken
  • give the person a reasonable opportunity to claim privilege

S&S (6 decks)

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