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S&S Flashcards

1
Q

Section 112 Uncertain Status
Search and Surveillance Act 2012

A

If you are carrying out a lawful search and it is not reasonably practicable to determine whether any item can be lawfully seized, you may remove items for examination or analysis off-site to determine it you can seize them lawfully.

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2
Q

Section 116 securing and excluding
Search and Surveillance Act 2012

A

Secure any place, vehicle, or thing.

Exclude or give reasonable direction to any person from place, vehicle, or thing. If you have RGTB person, it will obstruct or hinder.

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3
Q

Section 117 secure address for SW
Search and Surveillance Act 2012

A

Sw application pending, RGTB that EM may be CADD or removed you may:

Enter and secure place, vehicle, or thing.

Secure any item found there.

Direct any person to assist with entry and securing place, vehicle, or thing.

Powers continue until:
The expiry of 6 hours when first exercised.
The SW is accepted
The SW is refused

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4
Q

Section 118 powers of detention incidental to search powers
Search and Surveillance Act 2012

A

If exercising a search power in place or vehicle, a constable may detain any person to establish a connection.
Who is at that place or vehicle.
Who arrives at that place or vehicle while the search is being carried out.

Detained for period of search only when told they are free to leave.

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5
Q

Section 120 fresh pursuit
Search and surveillance act 2012

A

If in fresh pursuit you may (power of arrest or personal leaves before search can be conducted.

On apprehending person or vehicle, search the person or vehicle.

Enter any place for the purpose of apprehending person or vehicle.

If

RGTB that EM is on that person or
RGTS the person is in position of a dangerous item, posing threat to safety, need immediate action.

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6
Q

Section 121 Stop a vehicle for search
Search and surveillance Act 2012

A

Power to stop a vehicle if you intend to search.

Stop for SW or warrantless search.

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7
Q

Section 122 move vehicle for search/safekeeping.
Search and surveillance Act 2012

A

May move a vehicle if lawful authority to search, if impracticable to search at place.

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8
Q

Section 123 items in plain view
Search and surveillance Act 2012

A

When searching, you may seize any item in plain view if

RGTB you could have seized the item under a SW or other search power.

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9
Q

Section 125 special rules about search persons.
Search and surveillance Act 2012

A

Must follow RAIN procedures

May use reasonable force.
May detain
Use any equipment or aid to facilitate search.
Require medical or guardianship assistance.
May search any item that the person is wearing or is carrying or is in their possession or control.
Seize anything in possession or control that is subject to search or May be lawfully seized.

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10
Q

Section 127 SW to enter and search vehicles
Search and surveillance Act 2012

A

Allows you to enter any place to located the vehicle to execute SW
If RGTB that the vehicle is there.

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11
Q

Section 131 obligations when searching
Search and surveillance Act 2012

A

Before initial entry, you must

Identify yourself by name or QID.
Provide evidence of ID if not in uniform.
Intention and reason to enter and search.
State full name of the Act
Give notice by providing a copy of the SW.
Bill of Rights - as detained.

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12
Q

Section 169 reporting requirements
Search and surveillance Act 2012

A

Reporting of warrantless entry and search powers

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13
Q

Section 110 Additional powers when searching with or without a warrant.
Search and surveillance Act 2012

A

Authorizes you to
Enter and search place, vehicle or thing.
Search for any item or items found in that place, vehicle, or thing.
Use reasonable force for the purpose of carrying out search and seizure.
Seize anything subject to search or anything that can be lawfully seized.
Request assistance with entry and search.
Bring and use any equipment to assist you at the place, vehicle or thing.
Bring and use a trained law enforcement dog and handler.
Copy any document that may be lawfully seized.
Access a computer system or data storage device.
Copy intangible material, eg computer data.
Take photographs, video, sound recordings, drawings.

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14
Q

Can a person under 14 give consent to a search of a vehicle if he/she is the sole occupant

A

Yes, if found driving a vehicle with no passengers of or over 14 years of age with authority to consent to vehicles search.

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15
Q

What is CADD

A

Conceal
Aulter
Danage
Destroy

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16
Q

What is AWOCA

A

Ask - introduce
Why - inform why we are here
Options - Comply or be arrested
Confirm - confirm they understand
Action - search or arrest

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17
Q

What is RGTS

A

RGTS means having a sound basis for believing a situation or circumstances existed.

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18
Q

Section 131 - obligations when searching.
Search and surveillance ce Act 2012

A

Before initial entry, you must,
Identify by name or QID
Provide evidence of ID if not in uniform
Intention and reason to enter and search
Name of the act
Give notice by providing a copy of the SW
Detain - BOR

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19
Q

Section 110 additional powers when searching with or without warrant
Search and surveillance Act 2012

A

Enter and search the place, vehicle, or thing that you are authorized to search.
Search any item or items found in that place, vehicle or thing(if reasonable)
Use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure
Seize anything that is the subject of the search or anything else that my be lawfully seized
Request assistance with entry and search
Bring and use any equipment found on the place, vehicle or other thing
Bring a law enforcement dog and handler
Copy any document or part of a document that may be lawfully seized
Access a computer system or other data storage device
Copy tangible material e.g computer data
Take photographs, sound, and video recordings and drawings

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20
Q

Section 119 powers of search by person who has power of arrest
Search and surveillance act 2012

A

When searching a place or vehicle, can search people found or arriving at place or vehicle if:

RGTB that EM that is object to the search is on the person.
RGTS that the person is in possession of a dangerous item, posing threat to safety, need immediate action.

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21
Q

Privileged material

A

Recognized privileged material includes material gained through communication with
League advisers
Ministers of religion
Medical practitioners
Clinical psychologists
Informants
Journalists

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22
Q

Privileged material

A

Recognized privileged material includes material gained through communication with
League advisers
Ministers of religion
Medical practitioners
Clinical psychologists
Informants
Journalists

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23
Q

Before making an online SW application You must be sure that there are

A

You must be sure that there are:
RGTS that an offence punishable by imprisonment has been, will be, is being, or is about to be committed and
RGTB that the search will find evidentiary material in respect of the offence in the place, vehicle, or thing.

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24
Q

Who can issue a search warrant

A

An issueing officer may be:
District Court Judge
High court Judge
Or any other person authorized by the attorney General such as a
Justice of the piece
Community magistrate
Registrar
Deputy registrar

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25
Q

When the issuing officer does not sign the SW application you should

A

Record reasons for refusing
Redraft application addressing the issues
Re submit the application to the same issuing officer

If can not be addressed
Make further enquiries to support the application.
Consider continuing the investigation without conducting a search
If reasons for not signing seem unjustified, submit a report to leave services es for direction.

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26
Q

When is a search warrant considered executed

A

When you have seized the evidential specified in the search warrant
Or
Leave the place, vehicle or thing to be searched and do not return within 4 hours

27
Q

When is a search warrant considered executed

A

When you have seized the evidential specified in the search warrant
Or
Leave the place, vehicle or thing to be searched and do not return within 4 hours

28
Q

Who can execute a SW

A

The person to whom it is directed or any constable.

29
Q

How long is a search warrant valid

A

No more than 14 days or 30 days from the date of issue as specified by issuing officer.

30
Q

When can a search warrant be executed.

A

At any time, reasonable under the circumstances or at a restricted time required by the issuing officer.

31
Q

When is a SW considered executed

A

EM specified in SW is seized or
Leave the place, vehicle, or thing to be searched and do not return within 4 hours.

32
Q

If providing a copy of SW or inventory would endanger the safety of any person or prejudice ongoing investigations.

A

You may apply to a judge to postpone your obligations.
Application made under s 134, should be presented to the judge.

At the time of the SW application or
Before 7 days have passed after the SW was executed.

A judge can also postpone these obligations for a period not exceeding 12 month.

33
Q

Why a SW

A

Judicial oversight
Protect Police and public
Requires reporting and recording of results

34
Q

Who can issue a SW

A

An issuing officer - DC or HC judge

Person authorized by the Attorney General
JP
Community magistrate
Registrar
Deputy Registrar

35
Q

Section 20 drugs (place or vehicle)
Search and surveillance act 2012

A

Search place or vehicle.
RGTS offence against MODA1975
RGTB EM or CADD

36
Q

Section 21 Drugs person vehicle.

A

Search any person found in place or vehicle

37
Q

Section 22 Drugs person

A

Search person
RTS offence against MODA1975
RGTB EM

38
Q

Section 27 Offensive weapon

A

RGTS offence against section 202A(4)(a)

39
Q

Section 28 offensive weapon (stop and search)

A

RGTS offence against section 202A(4)(a) person in vehicle contains offensive weapon.

40
Q

Section 18 firearms search

A

Search person, place, vehicle, detain arms and license.
RGTS breach of arms act, cat 3 or 4 offense incapable of proper control FB act

41
Q

What is Private activity?

A

A participant in an activity ought to reasonably be expected to be observed and recorded by nobody except the participants

42
Q

What is private communication

A

A participant in an activity ought to reasonably be expected to be intercepted and recorded by nobody except the participants without having consent or authority by any party to do so.

43
Q

What is a private premises

A

Private dwelling, house, etc, that are not within the definition of non private premises.

44
Q

What is non private premises?

A

Premises or part of a premises to which members of the public are frequently permitted to have access to such as hospital, bus station, airport, shop,etc

45
Q

What is curtilage

A

Means land immediately surrounding a house or dwelling, including any closely associated buildings and structures.

It defines the boundary within which a homeowner can have reasonable exception of privacy and where daily activities take place.

46
Q

Curtilage of suburban v farm

A

The curtilage of a dwelling is the ground between fence/border and the dwelling.

This curtilage of a suburban house is likely to be clearly defined by a fence line, whereas on a farm, the house and curtilage will form a small part of the whole property.

47
Q

What is a PO

A

Made under section 74 of the Search and Surveillace Act 2012. Requiring g a person or orginasation to produce documents to enforcement agencies as EM of a specified offence.

48
Q

PO duration

A

Not exceeding 30 days after the date on which the order is made.

49
Q

Grounds for PO application

A

RGTS an offense, has been, will be, is being committed
RGTB documents sought contain EM in respect of the offense and
Are in possession or under control/will come into possession or control of the person against whom the order is sought.

50
Q

Period of surveillance device warrant

A

A SDW may be issued for a period of no more than 60 days after the date which the warrant was issued.

51
Q

Surveillance device

A

Is a device that assists and enhances your normal capabilities.

Include visual surveillance, interception, and tracking devices.

52
Q

Visual surveillance

A

(a) Means and electronic, mechanical, optical, apparatus, equipment, or other device that is used to observe and record private activity.

(b) does not include spectacles, contact lenses used to correct subnormal vision

53
Q

Interception Devices

A

(a) means any electronic, mechanical, optical, apparatus, equipment, or other device that is used to intercept and record private communication.

(b) Does not include hearing aids or similar used to correct subnormal vision.

54
Q

Trespass surveillance

A

Surveillance that involves trespass onto land, vehicle, or goods.

55
Q

Tracing Device

A

(a) means a device that may be used to ascertain either or both of:
(b) the location of a thing or person
(c) whether a thing has been opened, tampered or dealt with.

56
Q

Section 9 stopping vehicle UL at large

A

RGTS Person UL at large, committed imprisonable offence.

RGTB person in vehicle.

57
Q

Section 10 powers and duties after vehicle stopped under 9

A

Require person to give details if RGTS UL at large.
Search vehciel if RGTB person UL at large in there.
Search vehicle for EM if person arrested or fleeing from vehicle.

58
Q

Section 15 place

A

RGTS 14+ offence
RGTB EM material CADD search place

59
Q

Section 16 vehicle

A

RGTS 14+ offence
RGTB EM material CADD search vehicle

60
Q

Section 17 person

A

RGTS 14+ offence
RGTB EM material CADD search person.

61
Q

Section 45 restrictions of trespass surveillance

A

Can use trespass seveillance (visual Nad interception only) in order to obtain EM.
imprisonable offence 7 years or more.
Arms Act 1983

62
Q

Section 46 activities requiring SDW

A

(a) intercept device to intercept private communication.
(b) Use of tracking device.
(c) visual surveillance of private activity in private premises.
(d) trespass surveillance not covered by section 45.
(e) visual surveillance of private activity in curtilage exceeding
(i) 3 hours in any 24 hour period
(ii) 8 hours in total

63
Q

Section 47 some activities not requiring warrant

A

(a) being lawfully in private premises and recording what you see or here(without device)
(b) covert audio recording of a voluntary communication between 2 or more persons with consent of at least 1 of them.

DTP (3 decks)

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