Search and Seizure

Question 1

Halliday v Neville?

Answer 1

Unless entering house/premise is authorised by law, Police Officer must not enter without consent of owner/occupier.

Question 2

S21 LEPRA?

Answer 2

Power to search and seize things w/o warrant

Question 3

21 (1) LEPRA?

Answer 3

Police Officer may, without warrant, stop search and detain a person and anything in possession or custody of the person if the Police officer suspects on reasonable grounds;

Question 4

21 (1) a-d?

Answer 4

a) Stolen or unlawfully obtained
b) Used/intended to be used in or in connection with commission of relevant offence.
c) In public place, dangerous article, is/was used, in or in connection with relevant offence.
d) Anything in contravention of DMTA, prohib drug or plant.

Question 5

Relevant offence?

Answer 5

• Indictable
• Off under 93FB Crimes Act - Possess dangerous article other than firearm
• Off against weapons/firearms Act or reg.
• Off under provision part 2 of Explosives Act.

Question 6

21 (2)?

Answer 6

May seize or detain item or part of.

Question 7

23 LEPRA?

Answer 7

Power to search for dangerous implement in pub place or school

Question 8

23 (1)?

Answer 8

Police Officer may, w/o warrant, stop, search, detain person, in pub place or school, if suspects reasonable grounds person has dangerous implement in their control or possession.

Question 9

23 (2)?

Answer 9

If person at school, also search locker and bags within locker.

Question 10

23 (3)?

Answer 10

If person in location known for violent crime, can be taken into account on reasonable grounds.

Question 11

23 (4)?

Answer 11

IF searching student in school, must allow them to nominate adult to be present if reasonable.

Question 12

23 (5)?

Answer 12

May seize and detain anything reasonably suspect is dangerous implement located in search.

Question 13

Dangerous Implement?

Answer 13

“dangerous implement” means:

(a) a dangerous article, or
(b) a knife (including a knife blade, razor blade or any other blade), or
(c) any other implement made or adapted for use for causing injury to a person, or
(d) anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property, or
(e) a laser pointer,

Question 14

S 36 LEPRA?

Answer 14

Power search vehicles, seize things w/o warrant.

Question 15

S 36 (1)? a-f

Answer 15

Police Officer may stop, search, detain vehicle if suspect reasonable grounds;

a) Stolen/unlawfully obtained
b) Vehicle is being, was, used in or in connection with commission relevant offence.
c) Contains anything used in or in connection with commission relevant offence.
d) Vehicle in pub place and contains dangerous article, is being, was used in or in connection with commission relevant offence.
e) Vehicle contains or person in vehicle has drugs.
f) Circumstances exist in or in vicinity of pub place or school that give rise to risk in public safety and exercise power would lessen that.

Question 16

36 (2)?

Answer 16

Police Officer may stop, search, detain class of vehicle in public place, school, road related area if crimcunstances exist;

a) vehicle of the specific class is/was used in commission of idnictable offence and exercise power may produce evidence of it.
b) Circumstances exist that may give rise to risk pub safety and exercise of power may lessen risk.

Question 17

36 (3)?

Answer 17

Police Officer may seize/detain those items located.

Question 18

S 87 LEPRA?

Answer 18

A police Officer who enters a dwelling conferred by or under this act, and who believes on reasonable grounds that;
a- Dangerous article or implement is inthe dwelling and
b - is, was, may have been or may be used to commit a DV offence
May search, seize detain article.

Question 19

S 27 (1) LEPRA?

Answer 19

Police Officer who arrests person for offence or warrant, or who is present at arrest, at time of or after arrest may search person if suspect reasonable grounds that search is prudent to ascertain whether carrying anything
a - present danger
b - assist in escaping lawful custody
c - That is a thing with respect to which an offence was committed
d - A thing which will provide evidence of the commission of an offence
e - A thing which was used in or in connection with an offence.

Question 20

27 (2)?

Answer 20

Police Officer who arrests person for taking them into lawwful custody may search person if suspect reasonable grounds necessary to ascertain wether carrying
a - Anything could present danger to person
b - assist in escaping lawful custody.

Question 21

27 (3)?

Answer 21

May seize or detain anything found referred to in sub section 1 or 2.

Question 22

27 (4)?

Answer 22

Nothing inthis section limits 28A.

Question 23

George v Rockett on suspicion?

Answer 23

A suspicion that something exists is more than a mere idle wondering whether it exists or not; it is a positive feeling of actual apprehension of mistrust amounting to a slight opinion, but without sufficient evidence.

Question 24

Tucs v Manley on suspicion?

Answer 24

Suspicion carries less conviction than belief. To say it is reasonable does not mean it is well founded or actually correct.

Question 25

Tucs v Manley on hearsay and suspicion?

Answer 25

You can take hearsay into account when determining whether suspicion is reasonable.

Question 26

Case law on belief?

Answer 26

George v Rockett.
An inclination in the mind as towards assenting to, rather than rejecting, a propositionand the grounds of which can reasonably induce that inclination of the mind may, depending on the circumstances, leave something to surmise or conjecture.

Question 27

Case law on reasonable?

Answer 27

Street v Bauer; Street v Blanco (1998)
The question is whether a reasonable man would be of that opinion having regard to the information which was in the mind of the arresting officer. Objective and subjective.

Question 28

What informations can be taken into account when determining when suspicion/belief must be held?

Answer 28

• What they knew at time of exercise of power

- Not what discovered after.

Question 29

DPP v Azar?

Answer 29

Police observations and experience can be taken into account for reasonable cause.

Question 30

Lippl v Haines and others

Answer 30

Power to enter premises to arrest, must be a BELIEF person is inside, and must announce office.

Question 31

Common Law power to search before arrest?

Answer 31

Ghani v Jones 1970.
Common law does not provide power to search and seize property before arrest there is an exception in relation to seizure. Can seize items from person or house if lawfully there.

Question 32

Case law for entering house to arrest outstanding person?

Answer 32

Lippl v Haines

Question 33

Case on not entering house w/o consent of woner/occupier if no lawful power?

Answer 33

Halliday v Neville

Question 34

Case on taking Police observations and exerience into account on reasonable cause?

Answer 34

Dpp v Azar