SASA 2012 Flashcards

1
Q

What does Section 169 of the Search and Surveillance Act 2012 refer to?

A

Reporting the use of powers - online notification

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2
Q

What does Section 85 of the Search and Surveillance Act 2012 refer to?

A

A rub-down search after arrest or detention to ensure person is not carrying anything that may harm any person or facilitate their escape

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3
Q

What does Section 88 of the Search and Surveillance Act 2012 refer to?

A

A warrantless search of arrested/detained person for evidential material. RGTB anything that may harm any person, facilitate their escape or evidential material relating to the offence

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4
Q

What does Section 11 of the Search and Surveillance Act 2012 refer to?

A

Custody search to safe-keep money/property and anything that may harm any person - any person taken into custody, about to be locked up at police station, before getting in vehicle to be transported

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5
Q

What does Section 13 of the Search and Surveillance Act 2012 refer to?

A

Return of money/property - unless money/property constitutes an offence

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6
Q

What does Section 119 of the Search and Surveillance Act 2012 refer to?

A

Power to search for evidential material on a person at a place/vehicle - RGTB EM is on a person and RGTS they possess a dangerous item
May search anyone
- In or on the place/vehicle at start of search
- Arrives during search
- Stop at/enters/attempts to enter during search

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7
Q

What does Section 27 of the Search and Surveillance Act 2012 refer to?

A

Warrantless power to search a person for offensive weapons in a public place - RGTS committing offence in PP

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8
Q

What does Section 18 of the Search and Surveillance Act 2012 refer to?

A

Warrantless power to search and seize arms on a person, place or vehicle - RGTS person is carrying/possess arms & breaching arms act/incapable of control/may kill/cause bodily injury/issued a PO/PSO/ground to make PO

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9
Q

What does Section 16 of the Search and Surveillance Act 2012 refer to?

A

Warrantless power to search a person in a public place for evidential material relating to certain offences - In a PP and RGTB person is in possession of evidential material relating to the 14year+ imprisonable offence

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10
Q

What does Section 21 of the Search and Surveillance Act 2012 refer to?

A

Warrantless power to search for contolled drugs on occupants found in or on a place/vehicle - Any person found after S20 has been conducted

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11
Q

What does Section 22 of the Search and Surveillance Act 2012 refer to?

A

Warrantless power to search for controlled drugs on a person - RGTB a person is in possession of drugs & RGTS an offence has been/is being/about to be committed

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12
Q

What does Section 125 of the Search and Surveillance Act 2012 refer to?

A

Obligation to state RAN (Reason, Act, Name) before conducting a search

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13
Q

What does Section 131 of the Search and Surveillance Act 2012 refer to?

A

Obligations to state RAIN (Reason, Act, Intention to Enter & Search, Name)

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14
Q

What does Section 110 of the Search and Surveillance Act 2012 refer to?

A

Powers incidental to searching - BUSTER
Bring and use stuff, Use assistance, Seize items, Take items, Enter and search, Reasonable force

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15
Q

What does Section 92 of the Search and Surveillance Act 2012 refer to and what are the purposes?

A

Consent search of a place/vehicle/person/thing in their control
(Purpose for search)
- Prevent the commission of an offence
- Investigate if offence has been committed
- Protect life/property
- Prevent harm/injury

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16
Q

What does Section 93 of the Search and Surveillance Act 2012 refer to?

A

Advise given before consent search
- Determine search is for a purpose set out in S 92 AND
- Advise them of the reason for the search AND
- Advise they may consent or refuse the search

17
Q

What does Section 94 of the Search and Surveillance Act 2012 refer to?

A

When a consent search is unlawful
- Not a purpose set out in S 92 or
- Fail to give advise set out in S 93 or
- Consent is given by a person who does not have authority to consent <14

18
Q

What does Section 112 of the Search and Surveillance Act 2012 refer to?

A

Items of uncertain status may be seized - unsure if can be seized, item may be taken for examination/analysis

19
Q

What does Section 116 of the Search and Surveillance Act 2012 refer to?

A

Power to secure a place or vehicle and exclude people
- Secure any area in that place/vehicle or any items found in that place /vehicle
- Exclude any person that may obstruct/hinder search

20
Q

What does Section 118 of the Search and Surveillance Act 2012 refer to?

A

Power of detention to determine a connection at a P/V
- Anyone in/on the place/vehicle at start of search
- Anyone that arrives during the search
- Anyone that stops at/enters/attempts to enter during the search

21
Q

What does Section 121 of the Search and Surveillance Act 2012 refer to?

A

Power to stop to carry out a search power in vehicle
121(1) warrantless
121(2) warrant

22
Q

What does Section 122 of the Search and Surveillance Act 2012 refer to?

A

Power to move vehicles for search or safekeeping
Impracticable to search at that place or RGTB move is necessary

23
Q

What does Section 123 of the Search and Surveillance Act 2012 refer to?

A

Seizure of items in plain view - RGTB the item can be seized under a power or warrant anyway

24
Q

What does Section 128 of the Search and Surveillance Act 2012 refer to?

A

Duty for a vehicle to remain stopped - to carry out a search, for as long as reasonably necessary

25
Q

What does Section 129 of the Search and Surveillance Act 2012 refer to?

A

Obligations to state RAN (Reason, Act, Name) when stopping a vehicle

26
Q

What does Section 14 of the Search and Surveillance Act 2012 refer to?

A

Warrantless emergency entry power - respond to the risk of life or safety

27
Q

What does Section 30 of the Search and Surveillance Act 2012 refer to?

A

Power to obtain an authorisation for a warrantless road block - If a SGT or higher has RGTB in a vehicle there is a person they have RGTS is unlawfully at large/committed an imprisonable offence & RGTS that the vehicle will pass that play & is satisfied with the publics safety

28
Q

What does Section 7 of the Search and Surveillance Act 2012 refer to?

A

Warrantless power to enter a place/vehicle to arrest a person unlawfully at large - RGTS person is unlawfully at large and RGTB person is in a place/vehicle

29
Q

What does Section 8 of the Search and Surveillance Act 2012 refer to?

A

Warrantless power to enter a place/vehicle to avoid the loss of an offender or evidential material - RGTS a person has committed an imprisonable offence & RGTB the person is in a place/vehicle & RGTB delay may cause evidential material to be CADD or offender may escape

30
Q

What does Section 28 of the Search and Surveillance Act 2012 refer to?

A

Warrantless power to search a vehicle for offensive weapons in a public place - RGTS that a person travelling in a vehicle in a public place & vehicle contains knife/offensive weapon/disabling substance

31
Q

What does Section 29 of the Search and Surveillance Act 2012 refer to?

A

Warrantless power to search a vehicle for stolen property in a public place - RGTB that stolen property is in a vehicle

32
Q

What does Section 83 of the Search and Surveillance Act 2012 refer to?

A

Warrantless power to search a place after an arrest to prevent evidential material from being CADD - RGTB that EM is at a place & delay may cause EM to be CADD

33
Q

What does Section 84 of the Search and Surveillance Act 2012 refer to?

A

Warrantless power to search a vehicle after an arrest to prevent evidential material from being CADD - RGTB that EM is in/on a vehicle

34
Q

What does Section 9 of the Search and Surveillance Act 2012 refer to?

A

Power to stop a vehicle to find a person unlawfully at large or has committed an imprisonable offence - RGTS a person is U/L at large/committed imprisonable offence & RGTB is in a vehicle

35
Q

What does Section 10 of the Search and Surveillance Act 2012 refer to?

A

Powers after stopping vehicle to find person unlawfully at large or has committed an imprisonable offence
- May demand NADO if RGTS they are unlawfully at large/committed imprisonable offence
- May search vehicle to located person if have RGTB person is in the vehicle
- May search vehicle for evidential material after arrest or if offender flees from the vehicle

36
Q

What does Section 15 of the Search and Surveillance Act 2012 refer to?

A

Warrantless power to enter place to find and avoid loss of EM from CADD relating to certain offences - RGTB 14+ imprisonable offence has/is/about to be committed & RGTB delay will cause EM to be CADD

37
Q

What does Section 17 of the Search and Surveillance Act 2012 refer to?

A

Warrantless power to enter vehicle to search for EM relating to a certain offence - in a public place & RGTB EM relating to the 14+ imprisonable offence is in a vehicle

38
Q

What does Section 20 of the Search and Surveillance Act 2012 refer to?

A

Warrantless power to search for controlled drugs in a place or vehicle - RGTB in/on a place/vehicle there is drugs & RGTB it is not practicable to obtain warrant & RGTS in the place/vehicle, an offen has/is/about to be committed & RGTB delay may cause EM to be CADD

39
Q

What does Section 32 of the Search and Surveillance Act 2012 refer to?

A

Warrantless Authorised Roadblock
- Establishing roadblock
- Stop vehicles
- Require NAD of person you have RGTS is U/L at large or committed imprisonable offence
- Search vehicle to locate offender if have RGTB is in vehicle