S & S 2012 Flashcards
Section 8 Entry to avoid loss of offender or evidential material.
If you have reasonable grounds to…
* suspect that a person has committed an offence
punishable by imprisonment and for which they
may be arrested without warrant, and
* believe that the person is in a place or vehicle,
and
* believe that if entry is not effected
immediately, either or both of the following
may occur:
− the person will leave the place or vehicle to
avoid arrest
− evidential material relating to the offence
for which the person is to be arrested will
be destroyed, concealed, altered or
damaged.
You may -
- enter that place or
vehicle without
warrant, and - search for and arrest the
person you suspect has
committed th
Section 14 - Entry tp prevent offence or respond to life or safety,
If you have reasonable grounds to..
suspect, in relation to a place or vehicle:
* an offence is being, or is about to be
committed, that would be likely to
cause injury to any person, or serious
loss of or serious damage to any
property, or
* there is risk to the life or safety of any
person that requires an emergency
response.
you may -
* enter the place or vehicle
without a warrant, and
* take any action you have
reasonable grounds to believe is
necessary to:
− prevent the offending from
being committed or
continuing, or
− avert the emergency.
Section 15 - URGENCY: Entry and search of places to find and avoid loss of evidential material,.
If you have reasonable grounds to.
* suspect an offence punishable by 14 years
imprisonment or more has been, is being, or is
about to be committed, and
* believe that:
− evidential material relating to the offence is in a
place, and
− if entry is delayed in order to obtain a search
warrant, the evidential material will be
destroyed, concealed, altered or damaged.
you may -
enter and search the
place without a warrant.
Section 16 - Searching people in public place for evidential material.
If you have reasonable grounds to -
believe that a person in a public place is in
possession of evidential material relating to an
offence punishable by 14 years imprisonment or
more.
You may -
search that person without a
warrant.
Section 17 - Entry and search of vehicles in public place for evidential material
If you have reasonable grounds to -
believe that evidential material relating to an
offence punishable by 14 years imprisonment or
more is in or on a vehicle in a public place.
You may -
enter and search that vehicle
without a warrant.
Section 18: Arms in places or vehicles.
If you have reasonable grounds to -
suspect that there are arms in any place or vehicle:
* in respect of which a category 3 or 4 offence or
an offence against the Arms Act 1983 has
been, is being, or is about to be committed, or
* that may be evidential material in relation to a
category 3 or 4 offence or an offence against
the Arms Act 1983.
You may -
without a warrant:
* enter the place or vehicle
* search it
* seize and detain any arms
or licence under the Arms
Act 1983 found there.
Section 28 - Searching vehicles for offensive weapons
If you have reasonable grounds to
suspect that:
* a person travelling in a vehicle (or who has
alighted from it) is committing an offence in a
public place against section 202A(4)(a) of the
Crimes Act 1961, and
* the vehicle contains a knife, offensive weapon, or
disabling substance.
You may -
without a warrant:
* search the vehicle.
S.29 - Searching vehicles for stolen property
If you have reasonable grounds to believe that any stolen property is in or on
any vehicle, you may search the vehicle without a warrant.
Section 83 - Entry and search of places after arrest.
and have reasonable grounds to
believe that:
* evidential material relating to the offence is
at a place, and
* if entry is delayed to obtain a warrant,
evidential material will be concealed,
altered, damaged or destroyed (CADD).
You may -
enter the place to search for
evidential material relating to
the offence (whether or not
the person was arrested
there) without a warrant.
S84 - Entry and search of vehicle after arrest
and have reasonable grounds to
believe that evidential material relating to the
offence for which they were arrested is in a
vehicle.
you may -
enter and search that vehicle
without warrant.
Reasons for a consent search - S92
- to prevent the commission of an offence
- to protect life or property, or to prevent injury or harm
- to investigate whether an offence has been committed
- any purpose in respect of which you could exercise a power of search
conferred by an enactment, if you held a particular belief or suspicion
specified in the enactment.
Advice to be given before a consent search -
- determine that the search is for a purpose listed in s92
- advise the person from whom consent is sought:
− of the reason for the proposed search
− that they may consent or refuse to consent to the search.
Withdrawal of consent
A person who consents to a search of themselves or a place, vehicle or thing
in their control may withdraw their consent at any time. In this situation, stop
the search immediately, unless a warrantless search power can be invoked to
continue the search.
Restrictions on persons under 14 years to consent
A person under 14 years of age cannot consent to the search of a place,
vehicle, or other thing. An exception is when they are found driving a vehicle
and there is no passenger of or over the age of 14 years with authority to
consent to the vehicle’s search.
Implied licence
It is assumed that members of the public, including police officers, can enter
private property (eg go to the door of private premises) so far as is necessary
to make an inquiry of an occupier, for any reasonable purpose or in the course
of any lawful enquiry. Such an implied licence can be revoked by the
occupier at any time.
S119 - Powers to search persons at a place or vehicle.
search any person
* found at the place or
in or on the vehicle,
or
* who arrives at the
place, or
* who stops at, or
enters, or tries to
enter or get into or
onto the vehicle.
.. if you have reasonable grounds to -
* believe that evidential material that is the object
of the search is on that person, or
* suspect the person is in possession of a
dangerous item that poses a threat to safety and
you believe that immediate action is needed to
address that threat.
Exception: An exception to the above is when the
search of the place or vehicle is for drugs. In that
case, you can search any person at the scene as a
matter of course under ss19 or 21.
Searching people who are, or are to be,
locked up in Police custody (s11)
After a person has been locked up they can only be searched if:
* they were not searched before being locked up, or
* since being searched before being locked up, they have been in, or are
reasonably suspected of having been in, close proximity to:
− a person who was not locked up in Police custody (other than an
enforcement officer or a searcher), or
− another person who was eligible to be searched after being locked up
but was not, or
* there are reasonable grounds to believe the person is in possession of
anything that may be used to harm themselves or others.
