SASA 2012 Flashcards
What does Section 169 of the Search and Surveillance Act 2012 refer to?
Reporting the use of powers - online notification
What does Section 85 of the Search and Surveillance Act 2012 refer to?
A rub-down search after arrest or detention to ensure person is not carrying anything that may harm any person or facilitate their escape
What does Section 88 of the Search and Surveillance Act 2012 refer to?
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
What does Section 11 of the Search and Surveillance Act 2012 refer to?
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
What does Section 13 of the Search and Surveillance Act 2012 refer to?
Return of money/property - unless money/property constitutes an offence
What does Section 119 of the Search and Surveillance Act 2012 refer to?
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
What does Section 27 of the Search and Surveillance Act 2012 refer to?
Warrantless power to search a person for offensive weapons in a public place - RGTS committing offence in PP
What does Section 18 of the Search and Surveillance Act 2012 refer to?
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
What does Section 16 of the Search and Surveillance Act 2012 refer to?
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
What does Section 21 of the Search and Surveillance Act 2012 refer to?
Warrantless power to search for contolled drugs on occupants found in or on a place/vehicle - Any person found after S20 has been conducted
What does Section 22 of the Search and Surveillance Act 2012 refer to?
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
What does Section 125 of the Search and Surveillance Act 2012 refer to?
Obligation to state RAN (Reason, Act, Name) before conducting a search
What does Section 131 of the Search and Surveillance Act 2012 refer to?
Obligations to state RAIN (Reason, Act, Intention to Enter & Search, Name)
What does Section 110 of the Search and Surveillance Act 2012 refer to?
Powers incidental to searching - BUSTER
Bring and use stuff, Use assistance, Seize items, Take items, Enter and search, Reasonable force
What does Section 92 of the Search and Surveillance Act 2012 refer to and what are the purposes?
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
What does Section 93 of the Search and Surveillance Act 2012 refer to?
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
What does Section 94 of the Search and Surveillance Act 2012 refer to?
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
What does Section 112 of the Search and Surveillance Act 2012 refer to?
Items of uncertain status may be seized - unsure if can be seized, item may be taken for examination/analysis
What does Section 116 of the Search and Surveillance Act 2012 refer to?
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
What does Section 118 of the Search and Surveillance Act 2012 refer to?
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
What does Section 121 of the Search and Surveillance Act 2012 refer to?
Power to stop to carry out a search power in vehicle
121(1) warrantless
121(2) warrant
What does Section 122 of the Search and Surveillance Act 2012 refer to?
Power to move vehicles for search or safekeeping
Impracticable to search at that place or RGTB move is necessary
What does Section 123 of the Search and Surveillance Act 2012 refer to?
Seizure of items in plain view - RGTB the item can be seized under a power or warrant anyway
What does Section 128 of the Search and Surveillance Act 2012 refer to?
Duty for a vehicle to remain stopped - to carry out a search, for as long as reasonably necessary
What does Section 129 of the Search and Surveillance Act 2012 refer to?
Obligations to state RAN (Reason, Act, Name) when stopping a vehicle
What does Section 14 of the Search and Surveillance Act 2012 refer to?
Warrantless emergency entry power - respond to the risk of life or safety
What does Section 30 of the Search and Surveillance Act 2012 refer to?
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
What does Section 7 of the Search and Surveillance Act 2012 refer to?
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
What does Section 8 of the Search and Surveillance Act 2012 refer to?
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
What does Section 28 of the Search and Surveillance Act 2012 refer to?
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
What does Section 29 of the Search and Surveillance Act 2012 refer to?
Warrantless power to search a vehicle for stolen property in a public place - RGTB that stolen property is in a vehicle
What does Section 83 of the Search and Surveillance Act 2012 refer to?
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
What does Section 84 of the Search and Surveillance Act 2012 refer to?
Warrantless power to search a vehicle after an arrest to prevent evidential material from being CADD - RGTB that EM is in/on a vehicle
What does Section 9 of the Search and Surveillance Act 2012 refer to?
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
What does Section 10 of the Search and Surveillance Act 2012 refer to?
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
What does Section 15 of the Search and Surveillance Act 2012 refer to?
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
What does Section 17 of the Search and Surveillance Act 2012 refer to?
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
What does Section 20 of the Search and Surveillance Act 2012 refer to?
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
What does Section 32 of the Search and Surveillance Act 2012 refer to?
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
