S.110, S.125, S131, S.169 Flashcards
S.110
Search powers
S.110 (a)
Power to enter and search place, vehicle or other thing that person is authorized to search
S.110 (c)
c) Use any force in respect of any property that is reasonable for the purposes of search or seizure
S.110 (d)
d) Seize any property that is subject of search or able to be seized
S.125 Obligations for searching a person
RAN - Rules about searching persons
S.125 (a), (b), (c)
a) MUST identify by NAME/ID
b) state name of ENACTMENT
c) if not in uniform, produce evidence of ID
S.125 (d), (e), (i), (j)
d) DETAIN person as long as necessary to complete search
e) Use reasonable FORCE to complete search
i) May search any ITEM person is wearing or in control of
j) May seize anything that is SUBJECT of search or may be lawfully seized
S.131 Obligations searching a PLACE, VEHICLE or other thing
RAIN - Rules about searching places, vehicles or other thing
Reason, Act, Intention, Name
S.131 (a)
i) announce intention to enter/search place, vehicle or other thing under statutory power
ii) MUST identify by NAME/ID
iii) if not in uniform, produce evidence of ID
S.131 (b)
Before/on entering place, vehicle or other thing provide occupier/person in charge with;
i) a copy of the search warrant
ii) if without a warrant, name of enactment and reason for the search
S.131 (3)
May use reasonable force in order to effect entry into place, vehicle or other thing
S.169
Reporting warrantless entry/search/surveillance power
- Written report MUST be submitted ASAP via bully board
- NO report required for S.85, 88 (rubdown searches), 11 (custody search), powers of entry without search and search by consent