S & S 2012 Flashcards
Curtilage
Land immediately surrounding dwelling, expect privacy
Evidential Material
Evidence of offence, tangible or intangible
Private Premise
Not accessible to public
Surveillance device
Interception /Tracking/ visual surveillance
Anything which enhances normal senses
Trespass surveillance
Surveillance which involves trespassing onto private property
Unlawfully at Large
Warrant/Prisoner/Escapes custody (Police, MH, OT)
Section 7
RGTS person at large and RGTB in house
Section 8
RGTS person committed imp. offence and will escape or CADD
Section 9
RGTS person at large or committed imp. offence and RGTB in vehicle
(Stop vehicle)
Section 10
After vehicle stopped for s9, can require details, search vehicle for the person and search for EM if arrested, or seen fleeing before arrest
Section 15
RGTS 14 yr offence and RGTB EM in place and if entry delayed getting 4X risks CADD
Section 16
RGTB person in PP has EM for 14yr offence. Search for EM.
Section 17
(14+)
RGTB EM in vehicle in PP
Search vehicle for EM
Section 18
(Firearms)
RGTS offence against arms act
Search person, enter and search place/vehicle for F/Arm, seize.
Section 20
(Drugs)
RGTS offence against MODA and RGTB impractical to get 4X/ CADD
Section 21
(Drugs)
After evoking 20, can search any person found at place or in vehicle
Section 27
(Weapons)
RGTS person in PP has weapon
Search person for weapon
Section 28
RGTS person in a vehicle has weapon in a PP
Search vehicle and person for weapon
Section 83
(After arrest)
RGTB CADD of EM in place
After arrest can enter and search place and vehicle on private property
Section 84
(After arrest)
RGTB CADD OF EM in vehicle in PP
After arrest, enter and search vehicle
Section 112
Item of uncertain status ( Must be already exercising search power)
Power to seize
Section 117
If SW app is about to be made or your waiting to hear,
RGTB CADD of EM secure place while obtaining warrant
Enter and secure place and direct any person. 6hrs or until 4X granted or declined.
Section 121
Power to stop vehicle if grounds to search vehicle or 4X obtained
Section 123
Items in plain view while exercising search power or lawfully at place or conducting search of person
Seize item
Section 45
In emergency, undertake surveillance while obtaining EM for 7yr+ offence or Arms Act offence for 48 hours
Section 46
Surveillance of cutilage with surveillance device (no trespass) 3 hours per 24 hours up to 8 hours
Purpose of the Act
Section 5
Facilitate the monitoring of compliance with the law and investigation and prosecution of offences in a manner consistent with human rights by:
Modernising
Providing rules
Ensuring police have adequate tools
RTGS and RGTB
Sound basis for suspecting or believing that a situation or circumstances exists
Reasonable Grounds - what must you do?
Record grounds and be prepared to justify and report grounds
3 types of lawful search
With a search warrant
Under a warrant less search power
With consent
Must comply with s21 BoR Act and consider nature, intrusiveness, where and when it takes place.
What are some factors when considering what is ‘Practical in the circumstances’
If practical, obtain a search warrant
Think:
Is there time?
Can the scene be secured?
Is there sufficient resources?
Is EM material at risk?
Location? Persons?
Record, record, record
3 reasons to use a search warrant
Ensures Judicial oversight
Provides greater protection for Police
Requires reporting and recording
Search by consent 91-96. Must be searching for one of these reasons
Prevent commission of off.
Investigate if offence has been committed
Protect life or property
Prevent injury or harm
Consent search, must do what?
Advise person of the reason
That they may consent or refuse
Also, can withdraw consent at anytime, you must make good notes, cannot search person under 14 (unable to give consent)
CADD -Evidential material, name the two types of EM
Tangible - something that can be touched
Intangible - unable to be touched
CADD - Give examples of each
Concealed - hiding drugs
Altered - grinding off serial numbers
Damaged- breaking a phone so it can’t be accessed
Destroyed - burning clothing used by offender
Obligations : Identification s131, before entry you must:
ID by name or QID
Provide evidence of identity (not uniform)
Announce intention
Name Act
Give notice
BoR
Obligation: reason, if using warrant less search power must also:
Must state reason for search
Provide warrantless search notice and inventory of items seized
Report use of powers
Consider privilege
Obligations - notice s131
Must give a copy of SW
No need if nobody present but leave a copy of search warrant and supply property list within 7 days
Power to search s110, s116, s118, s119, s120
S110 - power to search vehicle, place, thing or any items found in those places, use reasonable force, seize anything found, request assistance, bring and use equipment, dog, copy documents, access computer, copy intangible, take photos
s116 - if search impeded, exclude or give reasonable direction
s118 - detain people
s 119 - search people
s120 - if fresh pursuit + RGTB EM On person, enter any place to apprehend and search person/vehicle.
AWOCA
If a person resists a search:
A - Ask to comply
W- Why, give reason
O- options
C- confirm person understands
A - Action arrest.
Special rules for searching people (s125)
Can search any item wearing, possession or control
Decency, sensitivity
Seize the item or any item that could be lawfully seized
Detained person tries to leave
Reasonable force to detain (118(4))
If someone else arrives you may:
Exclude in RGTB hinder
Detain if there is a connection
Search if RGTB EM on them
Search if RGTB they have dangerous item poses threat
Search warrant process overview (7 key steps)
Gain prior approval
Gain online approval
Gain issuing officer authorisation
Plan and brief SW
Execute
Report outcomes
File investigation records
Before SW must be sure:
RGTS offence punishable by imprisonment
RGTB search will find EM
You’ve checked target history
Assessed the risks
Obtained initial approval
Risk Assessments - Risks must be:
Identified
Assessed
Considered for planning the ‘how’
Also, TENR
Authorising SW applications
DC Judge
HC Judge
JP
Community Magistrate
Registrar
Deputy Registrar
Must be personally satisfied RGTS offence committed and
RBTB find EM
May put restrictions on SW (time, requirements to assist)
If no sign, record reasons, re-draft, re-submit, if still no, reconsider options or if unjustified refusal submit a report through legal
Who may execute SW and when?
The person to whom it is directed or any constable
14 days from date of issue or 30 days if justified as necessary
At any time that is reasonable under circumstances or a restricted time
SW executed when you have seized EM specified, or leave the place and do not return within 4 hours
Can be executed once unless more than one execution is applied for in the search warrant (details reasons supplied)
Safety and briefings, what should you do when preparing a SW execution plan?
Review and reassess identified risks
Work with others to identify further risk
Plan how to manage and minimise risk
Determine how to communicate risk at briefing
Postponing compliance with s131, when and how can you postpone supplying search warrant copy and inventory?
If it would:
Endanger safety
Prejudice ongoing investigations
Then can apply (s134) to Judge at time of application or before 7 days is up
Safety at SW, when can Police use reasonable force?
To enter place (131)
To search and seize (110)
Search a person (125)
AWOCA/TENR
Briefing GSMEAC
Ground: Location, address, neighbours
Situation: reason, background
Mission: Address, suspect, EM
Execution: timings, method, roles, obligations, suspects, searching, recording, assisting vulnerable people
Admin: travel, timings, recording
Command: cellphones, radios, debriefs
Section 22
May search person without warrant If RGTB person is is possession of schedule 1 Controlled drug and offence against MoDA
