S.121, S.122, S.128, S.120 Flashcards
1
Q
S.121
A
Warrantless STOP of a VEHICLE for purposes of a search
1) STOP for WARRANTLESS SEARCH
2) STOP to EXECUTE A SEARCH WARRANT
2
Q
S.122
A
MOVING a VEHICLE for the purpose of a SEARCH or SAFEKEEPING
3
Q
S.122 If you find or stop a vehicle and you have…
A
- LAWFUL AUTHORITY to search the vehicle but is IMPRACTICAL to do so at the place
- RGTB that it is NECESSARY TO MOVE the vehicle FOR SAFEKEEPING
4
Q
S.128
A
Duty to REMAIN STOPPED
- STOP OR SEARCH a vehicle
- may REQUIRE the vehicle or OCCUPANTS to REMAIN STOPPED for as long as reasonably necessary to exercise any power to search
5
Q
S.120
A
Powers of search PERSON/VEHICLE when SUSPECT PURSUED
- may enter to apprehend person
- FRESHLY PURSUED, RGTB there is evidence
6
Q
Warrantless powers to search…
A
Sections 17, 18, 20, 21, 22, 27, 28, 29, 84
- Arms
- Offensive weapons
- Drugs
7
Q
LTA 1998, S.114 =…
Example of STOPPING POWERS
A
- STOP vehicle under LTA 1998, S.114
- smell cannabis
- S S A 2012, S.20, 21
8
Q
S S A 2012, S.121=…
Example of STOPPING POWERS
A
- INFO re; drugs
- STOP vehicle under S S A 2012, S.121
- S S A 2012, S.20, 21