SAS Notes Flashcards
Section 5
Purpose of the Act is to facilitate the monitoring of compliance with the law & the investigation & prosecution of offences in a manner that is consistent with human rights by:
- modernising the law of search, seizure & surveillance, take into account technologies and regulate them
- providing rules that recognise the importance of the rights & entitlement affirmed in other enactments
- ensuring investigative tools are effective and adequate for law enforcement
How to comply
To meet its objectives and obligations when carrying out entries, searches, inspections, productions, seizures, road blocks & stopping vehicles:
- ensure it has lawful authority to conduct such activities & exercise any other incidental power in relation to those activities
- conduct risk assessments when planning exercise of powers, mitigate risks, and protect the public and Police
- only seize what Police are lawfully entitled to
- announce & ID
- satisfy requirements detailed in the act, notice and inventory
RGTS
Sound basis for suspecting that a situation or circumstances exist
RGTB
Sound basis for believing that a situation or circumstances exist
Reasonable Grounds
When formed a belief or suspicion you must:
- describe your reasons
- your reasonable grounds
- for holding the belief or suspicion
- record your reasonable grounds for using search power
- decision log
Be aware you may be required to
- Report on your decision to use a power / grounds for using it
- Justify your use of power in Court or other formal proceedings
Lawful & Reasonable is
- complies S21 of BORA and consider
- nature of the search
- intrusive
- where/when
When practicable consider
- time to gain approval?
- can the scene be secured
- reasonable staffing - minimise risk and ensure safety
- will evidence be CADD
- location of the search - who present?
Record decision log in notebook
Why search warrant
- ensures judicial oversight
- greater protection for Police and public
- recording and reporting of results
To search by warrant requires
- requires participation end to end
- provdes a series of checklists to protect Police and public
- moves from initial approval to application - authorisation - execution - final reporting
- organisational accountability
Search by Consent must be for
- prevent commission of an offence
- investigate whether offence has been committed
- to protect life or property
- to prevent injury or harm
This must exist to justify. Cannot randomy conduct search
When searching by consent
Must advise:
- what the reason the proposed search is for
- they may consent or refuse to consent
They may withdraw consent at any time.
Record grounds for requesting consent
Make notes about search in notebook
Under 14 cannot consent unless no passenger in vehicle
Search warrant / warrantless search always for locating evidence
Tangible - anything you can touch
Intangible - unable to touch
Searching place, thing, vehicle or other thing
- identify self by name, QID
- intention to enter and search
- Search & Surveillance
- give copy of warrant
- BOR
