S & S Flashcards
S17 Search and Surveillance Act 2012
If you believe evidential material relating to a 14yr imprisonable offenceis in or on a vehicle ina public place, you may enter and search that vehicle without warrant.
Note: If vehicle is parked in a place other than a public place use S15 to enter and search that vehicle.
Section 8
Q - Entry to avoid loss of offender or evidential material. What must exist and Police action you can do?
A – You have reasonable grounds to suspect an offence punishable by imprisonment has been committed
And believe that the person is in the place or vehicle,
And believe that if entry is not effected immediately, either the person will leave to avoid arrest or the evidential material will be CADD,
You mater enter that place or vehicle without warrant search for and arrest the person you suspect has committed the offence.
You CAN’T search for evidential material UNLESS an arrest is made and a search incidental to that arrest is undertaken under Sections 83-88.
S83
Q - Entry and Search place incidental to arrest
A – If you have arrest a person for an offence and have RGTB evidential material is in the place and that delay in getting a Search Warrant would result in the evidential material being CADD,
You may enter and search the place for evidential material relating to the offence.
It does not matter if the person was not arrested there.
S84
Q – Entry and search of a vehicle pursuant to arrest
A – The person who has arrested a person for an offence and have RGTB evidential material relating to that offence is in or on a vehicle may enter and search without a warrant.
(S119(1))
You can search any person found at, arrives at or stops/enters the place or vehicle if you have RGTB that evidential is on that person
(S119(2)(a) – (b))
Suspect that the persin is in possession of a dangerous item that poses a threat to safety and you believe immediate action is needed.
Section 117
Q – Secure scene. What is the maximum time frame allowed to hold a scene before a warrant can be obtained?
A – Secure scene while search warran is pending up to (6 hrs) from when power is first exercise
1- Unless warrant is available for execution at that place, vehicle or other thing.
2- The application for the search warrant is refused.
S9 S & S
When stopping a vehicle without warrant to effect an arrest, what are the ingredients?
A – You may stop a vehicle if you have RGS that a person who is unlawfully at large or who has committed an offence punishable by imprisonment is in or on the vehicle.
If you arrest the person you can search the vehicle for evidential material relating to the offence.
You must advise the person responsible for the vehicle if they weren’t the one you arrested, the reason for the search etc.
You can require the particulars from persons in the vehicle whom you suspect are unlawfully at large or have committed an offence.
Section 18
If you have RGTS a person is carrying arms or is in possession of the, and
- They are in breach of the Arms Act 1983 or
- By reason of their physical or mental condition, are incapable of having proper control or may kill or cause bodily injury to any person.
- Under the domestic violence Act they have a PO or a PSO is in place you may
- Search the person or anything in their possession or under their control (including a vehicle) and seize any arms found.
- You can enter a place or vehicle to search and seize any arm found
Unless impracticable obtain approval from a Sgt.
Storytime:
I SUSPECTED that Captain Jack SPARROW was carrying a firearm and was BREACHING the Firearms Act 1983. He was so RETARDED that he could not control the firearm when he got mad at his wife and pointed it at her. As a result Police issued a PSO and his wife applied for a PROTECTION ORDER. Police ENTERED AND SEARCHED his vehicle and house where they located and seized his firearms however he had nothing on his PERSON. Unfortunately the seizure was not lawful as APPROVAL from Sgt was not obtained despite it being reasonably practical to do so.
Section 18 (3)
If you have RGTS there are arms in any place or vehicle and a Cat 3 or 4 offence against the Arms Act has been committed, is being or will be committed or there is evidence relating to Cat 3 or 4 offence or Arms Act 1983.
You may enter that place or vehicle, search it, seize and detain any Arms or license under the Arms Act 1983 found there.
Category 3 offence:
These are offences with a maximum penalty of a jail term of two years or more (but excluding Category 4 offences). Usually these are heard by the District Court. You have the option of either being tried by a judge alone or having a jury trial.
Category 3 offences could include aggravated assault, threatening to kill, dangerous driving or a third (or more) drink driving conviction.
Category 4 offence
These are the most serious offences, including murder, manslaughter, torture and terrorism offences. They’re dealt with in the High Court. Usually there’ll be a jury trial, but a judge-alone trial can be ordered in some cases.
Section 11
When can you search a person after they were locked up?
1- If they were not searched before being locked up.
2- Reasonable Ground to Believe they are in possession of something that may be used to harm themselves or others.
3- Since being searched or before being locked up, they were in close proximity to a person who was not locked up, or another person who was eligible to be searched but wasn’t.
Section 85
What is the purpose of a rub down search?
A – To ensure a person who has been arrested or detained is not carrying anything that may be used to harm themselves or any person or facilitate escape.
S88
What does S88 of S&S entitle you to do?
A – If you have arrested a person or detained them under a statutory power, and have reasonable ground to believe that there is anything on or carried by the person that:
- May be used to harm any person.
- May be used to facilitate the person’s escape.
- Is evidential material relating to the offence for which the person is arrested or the person detained.
You may search that person.
What are some examples of when samples from a person’s body may be seized as evidential material pursuant to a Sec 88 search?
Section 88 –
- Swabs to remove blood on the arrested person
- Fingernail scrapings
- Penile swab (to obtain victim’s DNA from offender relating to a sexual violation)
For the purpose of this section, the search must be lawful, reasonable and approved by a sergeant or above.
What are some examples of when samples from a person’s body may be seized as evidential material pursuant to a Sec 88 search?
Section 88 –
- Swabs to remove blood on the arrested person
- Fingernail scrapings
- Penile swab (to obtain victim’s DNA from offender relating to a sexual violation)
For the purpose of this section, the search must be lawful, reasonable and approved by a sergeant or above.
Section 18
When determining a connection under s118 S and S, When must this be done?
A
Answer:
You must take active steps to determine if there is a connection between them and the search.
You cannot detain a person for the duration of the search and then consider the matter of connection.
Section 29 S&S 2012
Searching Vehicle for stolen property:
RGTB stolen property is in or on any vehicle;
You may search the vehicle.
NOTE: Only when the vehicle is in a public place. Seek warrant if vehicle is on private property of use alternative warrantless power.
S84 - S&S 2012
S84-
Entry and Search of Vehicle after arrest.
If you have arrested a person and have RGTB that evidential material relating to the offence is in a vehicle;
You may search that vehicle.
