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Sgt CPK > S&S Act 2012 > Flashcards

S&S Act 2012 Flashcards

1
Q

Section 18 - Warrantless searches associated with arms (1) search, seize & detain

A

(1) A const who has RGS may, wout/W:
(a) search Person:
(b) search anything in their poss/control (incld m/v):
(c) enter place / m/v
(d) seize & detain any arms found:
(e) seize & detain any licence

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2
Q

Section 18 - Warrantless searches associated with arms (2) carrying, breach, MH, incap, PO or PSO

A

(2) A person carrying FA, or in poss, under their control, and—
(a) is in breach of the AA or
(b) by reason of their physical/mental condition
(i) is incapable of having proper control or
(ii) may kill or cause bodily injury or
(c) that, under the FV Act
(i) a PO or PSO is in force; or
(ii) there are grounds to make an application for a PO.

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3
Q

Section 18 - Warrantless searches associated with arms (3) entering & seizing

A

(3) A const may, wout/w, enter:
place
m/v,
search it,
seize any arms or any licence,
and detain the arms or licence
if RGS
that there are arms in the place or vehicle—

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4
Q

Who should approve drug related searches?

A

Unless impracticable, obtain approval from a sgt or above before exercising this warrantless search power for drugs.

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5
Q

Section 19 –Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants

** The power to search only arises when 3 conditions are met:

A
  • a search warrant has been issued under section 6 of the Act in respect of an offence against the Misuse of Drugs Act 1975
  • the warrant is being executed by a constable
  • that the person is found in or on the place or vehicle specified in the warrant.
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6
Q

Section 20 – Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences

A

Const may enter & search
a place/mv
w/out a W
if RGB
it is not practicable to get a W
& that in/on the place/mv there is
a controlled drug or precursor/substance
in schedule 1-4 of the MODA 1975.

b) to S that in/on place/mv
an offence against the MODA 1975
has/is/or about to be committed

(c) to B that,
if entry & search is not carried out immed,
evidential material
will be destroyed, concealed, altered, or damaged.

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7
Q

Who is considered unlawfully at large?

A
  • A person with a WTA
  • Escaped or not returned from Prison
  • An escapee from lawful custody
  • A special patient or restricted patient
  • A care recipient or special care recipient
  • A young person who is subject to an order and who is absconding from the custody of the chief executive
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8
Q

Does your search of a place or vehicle extend to searching of a person?

A

Yes.
But all searches must be lawful and reasonable.

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9
Q

What information does the owner/occupier/or person in charge of a place/mv/or thing have the right to know?

A
  • Who is searching
  • The person’s authority for searching
  • The reasons why they are conducting a search
    (unless there are good reasons for not providing this information)
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10
Q

What does implied license mean?

A

It is assumed that members of the public, including police officers, can enter private property 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.

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11
Q

If a person consents to being searched, what else can you search?

A

If a person consents to a search of themselves, you may extend the search to any item that:
* the person is wearing or carrying, (eg a bag), or
* is in the person’s physical possession or immediate control
provided the person consents to these items being searched.

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12
Q

For any search to be lawful, you must:

A
  • exercise a warrantless power, or
  • execute a warrant power, or
  • conduct the search, examination or inspection with the person’s consent.
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13
Q

If evidence obtained would breach the BOR Act 1990, but would have been discovered even if the breach had not occurred, what is likely to happen?

A

The fact that it would inevitably have been discovered is a factor to be taken into account in determining whether it is admissible under the balancing test in s30 Evidence Act 2006. (See R v Williams [2007] 3NLR 207). However it will not be admissible as a matter of course.

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13
Q

Which BOR section dictates that a search must be reasonable?

A

S21

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14
Q

What is the warrantless search power for a person in custody & about to be locked up?

A

S11

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15
Q

What is the warrantless search power for arms?

A

S18

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16
Q

What is the warrantless search power in relation to drug offences

A

SS 21, 22, 23, 81

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17
Q

What is the warrantless search power for knives, offensive weapons & disabling substances?

A

S27

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18
Q

What is the warrantless search power for after arrest or detention?

A

SS85, 88

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19
Q

Seizure and other powers incidental to powers of search??

A

All of the powers to search places, vehicles and things outlined have:

  • the associated power to seize anything that is the subject of the search or anything else that may lawfully be seized
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20
Q

Under section 169 if you exercise a warrantless entry power, search power or surveillance power under Part 2 or 3 of the Act in relation to places, vehicles, things or facilities:
you must…

A

notify the Commissioner of the exercise of the power as ‘soon as practicable’ –

  • Police policy requires this notification to be completed no later than the end of shift.
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21
Q

If you exercise a search by consent or warrantless entry to prevent offence or respond to risk to life or safety, do you have to notify the Commissioner:

A

No

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22
Q

S&S S7

If you have reasonable grounds to…
* suspect that a person is unlawfully at large, and
* believe that the person is in a place or vehicle…

You may??

A

Enter the place or vehicle without warrant to search for and arrest the person.

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23
Q

S&S S8

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
* enter that place or vehicle without warrant, and
* search for and arrest the person you suspect has committed the offence.

you may….

A
  • enter that place or vehicle without warrant, and
  • search for and arrest the person you suspect has committed the offence
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24
Explain Section 8 of S&S
Section 8 only empowers you to search for and arrest a person. That must be your intention at the time of entry. You may not search for evidential material unless an arrest is made and a search incidental to that arrest is undertaken under ss83-88.
25
S&S S14 Emergency powers Entry to prevent offence or respond to risk to life or safety
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
26
S15 S&S is about urgency
If you have RGs to S an offence punishable by 14yrs or more has been / is being / or about to be committed and believe evidence is in a "place" and about to be destroyed, concealed, altered if entry is delayed you may enter and search w/out a warrant
27
S16 S&S Searching PEOPLE in public places for evidential material
if you have RG's to B a person in a "public place" is in poss of evidential material relating to an offence punishable by 14yrs you may search that person w/out w
28
S17 S&S Entry & search of VEHICLES in public place for evidential material
If you have RGs to B the evidence relating to an offence punishable by 14yrs is in or on a vehicle in a public place you may enter & search the vehicle w/out w
29
S18 S&S Arms in places or vehicles
if you have RGs to S there are arms in Any Place or Vehicle has been/about to be committed or evidence you may w/out w enter the place or vehicle search it seize and detain any arms or licence
30
How should you seek approval for in regards to arms related searches
A Sgt (including A/Sgt) or above unless impracticable to do so
31
S28 S&S Searching vehicles for offensive weapons
If you have RGs to S a person in a m/v or has run from it is committing an offence in a public place and the vehicle contains a knife, offensive weapon or disabling substance you may search the vehicle w/out w
32
S29 S&S Searching vehicles for stolen property
if you have RGs to B stolen prop is in or on any m/v you may search w/out w
33
S83 S&S Entry and search of PLACES after arrest
If you have arrested a person and have RGs to B evidence relating to the offence is at a PLACE and if entry is delay to obtain a W evidence will be destroyed, concealed etc You May Enter the place & search for evidential material w/out w
34
S84 S&S Entry and Search of VEHICLE after arrest
if you have arrested a person and have RGs to B evidence relating to an offence is in a vehicle You may enter & search the vehicle w/out w * as soon as practicable after the arrest
35
Warrantless use of powers, notifications and reporting what are the five steps
Approval from Sgt (or A/Sgt) Provide written notice & an inventory of seized items Record of decision in notebook Record the use of powers in OnDuty application for warrantless power notifications Where applicable, complete a notification in Notifications
36
Do you need a justifiable reason to search someone?
Yes
37
Can a person withdraw their consent (of a search) at any time?
Yes
38
Can a person under 14yrs consent to a search of a place, vehicle or other thing?
No Unless they were found driving a vehicle and there are no passengers over 14yrs to give authority
39
You can ask a person to consent to a search, or a search being made of a place, vehicle or other thing in the persons control in three instances?
To prevent the commission of an offence To protect life or property, or injury or harm To investigate if an offence has been committed
40
What information must you tell someone before a searching S93 S&S
Your name reason for the search they may consent or refuse to the search
41
If a person has consented to being searched, can you search their belongings?
Only if they agree to the belongings being searched
42
Every search power (with or w/out warrant) authorises you to enter and search ...
request assistance use reasonable force on PROPERTY seize copy documents (that may be lawfully seized) Access computer or other storage device Take photos & recordings
43
What powers do people have who you have called to assist?
They can only do as you ask and under your supervision / sight
44
S117 S&S Power to secure scene when a SW application has been made
You may at any time that is reasonable in the circumstances enter & secure the place, vehicle or other thing secure items if you B evidence may be destroyed, concealed, altered etc before a SW is granted or refused
45
S117 S&S Power to secure a scene - how long do the special powers last
expiry of six hours or the warrant is granted & available or the application is refused
46
S118 S&S Power of detention incidental to searches of places & vehicles
You can detain any person to determine if there is a connection between them & the object of the search This can be someone already there, or someone who arrives while the search is being carried out The detention is for any REASONABLE period
47
If someone is detained under S118 S&S what must you do at your first opportuntiy
take active steps to determine if there is a connection between the person and the search
48
S119 S&S Powers to search persons at a place or vehicle
If you are searching a place or vehicle you may search any person (found at place or arrives) if you have RGs to B evidence that is the object of the search is on the person or RGs to S the person is in possession of a dangerous item that poses a threat to safety & you B immediate action is required
49
S120 S&S Powers of search when suspect PURSUED
If you intend to search someone and they leave You may apprehend the person or enter any place to apprehend the person or vehicle if you have been freshly pursuing from the search location until apprehended and you have RGs to B that relevant evidence is still on the person or in the vehicle
50
What section is the power of entry under S&S
S110
51
Section 127 S&S Search warrants to enter & search vehicles Does a search warrant to search and entry of vehicle allow you to enter any place if you have RGs to B the vehicle is there?
Yes
52
If you have a SW when must you provide a written copy?
At the first opportunity
53
If multiple units are being searched, do all units need to be given a copy of the warrant?
yes
54
When would you not announce entry & giving reasons for a search?
No person is likely to be present Might endanger the safety of the person executing it Tactical approach Prejudice ongoing investigations
55
When securing a scene to be searched, what must you do?
Secure the place, vehicle etc Exclude any person from the scene
56
If a person at the search wants to know why you are searching and you have already informed them, how do you respond?
ID yourself State the name & enactment If not in uniform, produce your ID
57
What does "in uniform" mean when conducting a search?
Distinctive clothing that easily is recognisable as Police
58
What does an announced entry mean?
Giving people the opportunity to let you in after saying who you are and giving the authority of why you are there
59
What can be searched and seized?
Only items specifically mentioned in a SW
60
While searching a property, can you search a vehicle on the premises?
Yes, but a vehicle parked on the street must be specified in the warrant
61
If you are not certain if something can be lawfully seized, do you leave it behind or seize it?
Seize it to determine whether it may be lawfully seized
62
If your SW is for cannabis and you find a tv that could be stolen, can you seize it along with the cannabis
It can be seized, but only under a plain view seizure (S123)
63
S123 S&S Seizure of items in plain view
If you have RGs to B an item could be seized under any SW obtained or any other search power you may seize any item
64
S131 S&S Procedures for recording seized and produced things Inventory and time it must be given
If anything is seized the person must be given an inventory and no later than 7 days after the seizure
65
Are there any limits on who can be treated as occupiers or people in charge?
Yes No one under the age of 14yrs (unless in a car and no one over the age of 14 is there) or you have RGs to B it is not the occupier
66
Any inventory of all seized items must go into PROP. Can PROP produce a receipt for the occupier?
Yes However ensure no personal information is on PROP that could be given to someone else (look to redact)
67
S121 S&S Stopping vehicles with or w/out warrant to search
You can stop a vehicle to conduct a search under a search power w/out warrant if you are satisfied that grounds exist to search the vehicle with a warrant if you are satisfied that the warrant has been issued and is in force
68
S122 S&S Moving vehicle for purpose of search or safekeeping
You may move a vehicle to another place if you find or stop the vehicle and you have lawful authority to search it (but it is impractical at that place) or RGs to B it is necc to move the mv for safekeeping
69
Is there a duty to remain stopped?
Yes For as long as reasonably necc for the exercise powers for the vehicle or occupants of the vehicle
70
S9 S&S Stopping vehicles w/out warrant to effect arrest
You can stop a vehicle w/out a w to arrest a person if you have RGs to S a person is unlawfully at large or has committed an imprisonable offence and is believed to be the person in/on the vehicle
71
If you have stopped a person under S9 of the S&S Act, what are your powers and duties?
Require any person to give their details Search the m/v to look for the person if you have RG to B they are in the mv Search to locate property for evidential material if the person has been arrested or seen fleeing the vehicle
72
Under S9 S&S Do you have to tell the driver of the reason for the search if they are not the person suspected of being unlawfully at large?
Yes
73
When stopping a vehicle you must?
be wearing distinctive Police uniform, cap, hat or helmet or be folliowing the mv displaying red & blues and/or siren
74
Who may authorise a road block?
A senior constable (holding or acting in a position level of Sgt or above) You must keep a written record of the location, period, grounds
75
How long can a warrantless road block be in force for?
24hrs However it can be renewed by a DCJ for a single further period not exceeding 24hrs
76
What powers can a constable evoke when a road block is authorised?
Stop vehicles Require details Search vehicle A vehicle must remain stopped for as long as reasonably necc
77
What are the three types of personal searches?
Rub down strip internal
78
What is the general principle when applying to all searches
It must be lawful People must be treated with dignity Force must be reasonable Generally carried out by person of the same sex Ideally the search should be witnessed All property removed or seized
79
Do you need authorisation from anyone when doing an arms related search?
A Sgt or above if practical in the circumstances
80
Which power should be used for searching arrested or detained persons?
A rubdown search SS85-87 A warrantless search S88
81
When a person is in Police custody, when should you take money or property from the person
Before the person is locked up
82
Can a person be searched after being locked up?
Only if they were not searched before being locked up, you have suspicions they have something on them to hurt themselves or someone else
83
Does a rub down count as a search?
No. A rubdown can be conducted at a scene and then a search can occur at the station.
84
S88 S&S Seizing samples as evidential material from a persons external body
On when there are RGs to B evidential material is on a persons body does S88 authorise a search & seizure from the external body of an arrested or detained person
85
What are some examples of when a samples of the persons external body can be seized?
swab to remove blood fingernail scrapings a swab of skin (gunshot residue) penile swabs (must consent)
86
Searches of a persons external body can only be approved by?
A constable who is of or above the level of Sgt
87
When searching a person you must?
ID yourself State the name of the Act & reason Provide person with an inventory of any items seized
88
When exercising a power to search a person, you may
detail use reasonable force use equipment (torch) seek assistance search seize copy
89
Can a rub-down search include a visual exam?
Yes mouth, nose, ears (but nothing can be inserted into these areas)
90

Sgt CPK (24 decks)

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