S & S 2012 Flashcards by Tim C

R vs Jefferies

If the search is unlawful because conducted without warrant, then it very likely to be unreasonable.

However:
If evidence would still have been discovered if the unlawful search had not been conducted, then evidence may still be deemed admissible.

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Warrantless power to search people in custody and who are about to be locked up.

s11

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Warrantless power to search people found in public place for EM

s16

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Warrantless power to search people for arms

s18

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Warrantless power to search people in relation to drugs offences

s21, 22 & 23

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Warrantless power to search people for knifes, offensive weapons and disabling substances

s27

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Warrantless power to search people after arrest or detention

s85 & 88

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Unlawfully at large s7
Has WTA
Escaped from prison or absent without leave
Escaped lawful custody eg police cell or car
Special restricted patient has escaped fail return from leave
Special care patient escaped or failed return from leave
Young person subject of youth court supervision with residence.

Enter and arrest if have reasonable grounds suspect person unlawfully at large and believe person in place or vehicle;
You may enter place or vehicle to search for and arrest

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Entry to avoid loss offender or EM

s8 suspect person committed offence punish by imprisonment, believe they in place or vehicle, believe if entry not immediate person avoid arrest, or EM relating to offence for person to be arrested will be CADD.
You can enter and search. Not search for EM unless arrest made s83-88.

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Emergency Powers related place or vehicle.

s14 suspect offence is being or about likely cause injury to person, serious damage to property, risk to life or safety.
Enter without warrant take any action - prevent offending avert the emergency.

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Serious Offence Entry and Search of places avoid loss of EM.

s15 suspect offence 14 yrs is being or is about to be committed, and believe EM relating to offence in place, delay in getting search warrant cause CADD of EM. About urgency.

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s16 &17

s16 public place person possesion EM 14yrs imprisonment. Search without warrant
s17 public place vehicle EM 14 yrs imprisonment is in or on. Search without warrant
Note: not public place use s15.

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Arms in place or vehicle

s18 suspect arms place or vehicle suspect offence against the arms act category 3or 4, has been, is being or about to he committed or EM related to category 3 or 4 offence
Obtain approval Sgt or above first.

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s28 warrantless search vehicle

Offensive weapon vehicle travelling is committing an offence in public place and vehicle contains knife, offensive weapon, disabling substance

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Search vehicle for stolen property public place

s29 reasonable ground to believe stolen property in vehicle. If vehicle not in public place use alternative warrant.

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If you have arrested a person for an offence. Entry and search of place and vehicles incidental to arrest

s83 have reasonable grounds to believe….
EM relating to offence at place, delay to obtain warrant CADD will occur.
You may…enter place search EM(whether or not person was arrested there).

Enter and search vehicle after arrest s84

If have arrested person and have RGTB EM relating to offence in vehicle you may…enter and search without warrant.

Consent search s92

You may ask person to consent undergo a search, or search place, vehicle or other thing in persons control to prevent:
Commission of an offence
Protect life or property prevent injury harm
Investigate whether offence committed
Any purpose where power of search by an enactment.

s93 advice that must be given before searching

• Search is for purpose listed in s92
• advise person from whom consent sought:
Of reason
They can consent or refuse

Circumstances where search by consent unlawful

s94 unlawful if:
Not for purpose set out s92
Fail to give e required advise s93
Undertake search relying on consent given by person not authorized to give consent

Can not consent s95

14yrs and under no consent to search place, vehicle or other thing. Except found driving vehicle no one older in the vehicle.
Can consent to search of themself though and anything in their immediate possession or control.

s115 Powers incidental to search; every search power with or without warrant authorizes you to:

Enter and search
Request assistance
Use force  - property only. s125 authorise force against person, arrest for obstruction.
Seize
Use equipment 
Dog
Copy doc
Access computer
Photos
Limitations: limits imposed by issuing officer, privilage and confidential provisions in the Act

Using assistants during searches

s113 person is subject to your control.
Powers of person called to assist - can only search places you determine lawful.
Constable can do what they like.

Special Powers secure scene pending search warrant s117

If warrant application about to be made or made not yet granted or refused for place vehicle or thing, you may…
Enter secure place vehicle or other thing
Secure any item found there
Direct any person to assist
If you believe…
EM may be CADD before decision of search warrant.
Only exercise these powered until the first of the following occurs.
• 6hrs expire from when power first exercised
• warrant available
•application refused

Powers of detention incidental searches place and vehicle s118

Exercising search warrant can detain any person determine whether connection between them and the object of search if person: -was there at the start -arrived at place or stops at, oe enters, tries to enter, vehicle while search carried out. You can use reasonable force to detain.

s119 Search person place or vehicle

You may: search any person... Found at the place, in or on vehicle, Who arrives at place, Who stops at, or enters, tries to enter or get into vehicle If you have RGTB EM on person, or suspect possession dangerous item immediate needed. Exceptions: if search for drugs place or vehicle search persons at scene a matter of course under s19 and 21.

Powers when suspect pursued s120

If intend search person or vehicle they leave before complete search you may... Apprehend person place or vehicle if you have... Freshly pursuing, and you have RGTB EM still on them or in vehicle

Exceptions to announcing entry and giving reason if you have RGTB... No one lawfully present in or on place, vehicle or other thing; compliance with requirements would endanger, prejudice success, on going investigation

s131(2)

Securing the scene for search you can exclude anyone if believe that will hinder or obstruct. If requested by person affected by search RAN.

s116

Using force enter property

110(c) and 131(2)(b) | May use any reasonable force in respect to property to carry out search and seizure

Entry resisted or refused

131(3)

What can be seized during search s110(d)

Seize anything that subject of the search and may be lawfully seized. If item not on Search warrant or warrantless search, you can obtain other warrant or s123 plain view seizure

s112

Items of uncertain status-unsure on seizure status lawful or not of item. Items need to be similar.

s123 plain view

If exercising search power or lawfully in place as part of your duties you may seize any item if have RGTB you could of seized under: Any search warrant obtained under S & S Act Any other search power under S & S or another enactment

S & S 2012 Flashcards

Learn about sections of the Act