S&S 2012 Flashcards
Section 7-Unlawfully At Large
Entry/Search to K9 someone UAL.
RGTS that they are UAL.
RGTB they are in place/building.
RAIN + 169
Section 8
Warrantless entry/search a Place/Vehicle to K9 someone who has committed an Imprisonable offence.
RGTS they have committed Imprisonable offence.
RGTB they are in the building and will escape or evidence will be CADD.
RAIN + 169
Section 9-Stop
Stop vehicle to K9 someone UAL or committed an Imprisonable offence.
RGTS that person is UAL or committed an Imprisonable offence
RGTB they are in the Vehicle.
RAN + 169
Section 10-Enter/Search
Enter/Search Vehicle to K9 person UAL or committed an Imprisonable offence.
Can demand details from anyone who is the suspect (UAL) and search for EM relating to the offence.
RAIN + 169
Section 11
Custody Search (Warrantless Search)
For Money + Property for safekeeping.
Anything that may harm any other person
Section 13
Custody Search Return of Property
Unless evidence/constitutes an offence
Section 14 (Emergency)
Warrantless Emergency Entry Power
To prevent Offending or Harm or Risk to Life.
RGTS Offending Has/Is/Will occur or risk to life/safety.
Section 15 (Serious Offences) (Place)
Warrantless Entry and Search Power
To a PLACE to find or avoid CADD for EM relating to a 14 + Offence.
RGTS 14 + Imprisonable offence Has/Is/About to be committed.
RGTB EM is at the PLACE and could be CADD.
RAIN + 169
Section 16 (Serious Offences) (People) (Public Place)
Power to Search a Person in a Public Place for EM relating to a 14 + Imprisonable offence.
RGTB that person has EM on their person.
RAN + 169
Section 17 (Serious Offences) (Vehicle) (Public Place)
Power to Enter and Search a Vehicle in a Public Place for EM relating to 14 + Imprisonable Offence.
RGTB EM is in the Vehicle.
RAIN + 169
Section 18
Enter + Search PLACE/VEHICLE/PERSON for FIREARMS which are there without Lawful, Proper and Sufficient Purpose.
RGTS FIREARMS are there.
Can seize FIREARMS
RAIN/RAN + 169
Section 20 (DRUGS) (PLACE/VEHICLE)
Enter + Search PLACE/VEHICLE for DRUGS
RGTS Offence against MODA 1975 Is/Has/Will occur.
RGTB DRUGS in the PLACE/VEHICLE (Precursory Substance)
RGTB not practicable to obtain Warrant and that material will be CADD if entry not immediate.
RAIN + 169
Section 21 (DRUGS) (PERSON) (PLACE/VEHICLE)
Search PERSON for DRUGS found In/On or About a PLACE/VEHICLE relating to a Section 20 Search.
RGTB they have DRUGS on them.
RAN + 169
Section 22 (DRUGS) (PERSON) (ANY PLACE)
Search PERSON in ANY PLACE for DRUGS
RGTB they are in possession of DRUGS
RAN + 169
Section 27 (OW) (PERSON) (PP)
Search PERSON in a PP for Offensive Weapons.
RGTS they are in possession of Offensive Weapons.
RAN
Section 28 (OW) (VEHICLE) (PP)
Power to Enter + Search VEHICLE in PUBLIC PLACE for Offensive Weapons.
RGTS they are in the VEHICLE
RAIN + 169
Section 29
Power to Enter + Search VEHICLE in any place for STOLEN PROPERTY
RGTB it is in the VEHICLE
RAIN + 169
Section 30 (RB)
Authorise Warrantless Road Block
Acting SGT or Above.
RGTB Person is in a Vehicle
RGTS has committed Imprisonable offence or UAL.
RGTS will go past Road Block. Safety of Public all good.
Section 32 (RB)
Establish Warrantless Road Block.
Stop Vehicle at RB.
Demand details from Suspect.
Enter and Search Vehicle to locate and K9 person
RAIN + 169
Section 83 (After Arrest)
Post Arrest
Enter+Search a PLACE for EM
RGTB EM is in that PLACE and will be CADD if entry not immediate.
RAIN + 169
Section 84 (After Arrest)
Post Arrest
Enter+Search a VEHICLE for EM
RGTB EM is in the VEHICLE
RAIN + 169
Section 92 CONSENT
Consent Search
Prevent an Offence
Investigate an Offence
Protect Life/Property
Prevent Harm
Section 93 CONSENT
Advise given before Consent Search
Determine it is a reason set out in Section 92
Advise reason
Advise they may consent or refuse
Section 94 CONSENT
Unlawful Consent Search
Not a purpose set out in Section 92
Fail to give advise on Section 93
Consent given by person who does not have authority
Section 95 CONSENT
Under 14 years old unable to consent to a search of a PLACE/VEHICLE
UNLESS driving alone
Section 110-BUSTER
Additional Powers
B-Bring Stuff/Use Stuff
U-Use Assistance
S-Seize Stuff
T-Take Stuff
E-Enter and Search
R-Reasonable Force on Property
Section 112
“Uncertain View”
Items of Uncertain Status can be taken to determine whether it is legally not seized until deemed illegal.
Section 116-Tapes/Sticks
“Tapes and Sticks”
Secure Scene and Exclude people for purpose of search.
Scene=Place/Vehicle
RAN on request
Section 118 “Detain”
DETAIN person IN/NEAR/ATTEMPTING to enter scene to establish connection to a PLACE/VEHICLE
Bill Of Rights
Section 119 “Search”
SEARCH person DETAINED under 118 for EM relating to incident.
Section 121 (1)
STOP vehicle without warrant for purpose of search.
RAN (Sec 129)
Section 121 (2)
STOP vehicle with warrant for purpose of search.
RAN (Sec 129)
Section 122 “I’ll Move You”
Require a vehicle to MOVE for SEARCH/SAFEKEEPING.
Section 123 “Plain to see”
Items in PLAIN VIEW may be seized if you believe they could be seized under another search power.
Section 128 “Going Nowhere Mate”
Duty of Vehicle to remain STOPPED for duration of a SEARCH
Section 129-Obligations
Obligation to RAN when stopping Vehicles.
Section 131-Obligations
Obligation to RAIN when entering PLACE/VEHICLE for the purpose of a Search.
Section 169-“Online”
Online Notification of use of Warrantless Powers
Section 113
Power to Assist a Constable conducting a search
