Search And Seizure

Question 1

What is reasonable suspicion?

Answer 1

It is more than a mere idle wondering whether it exists or not.

Question 2

What is the case law for suspicion?

Answer 2

George v Rocket (1990)

Question 3

Can suspicion be based on hearsay?

Answer 3

Yes it can - Tucs v Manley

Question 4

What does Tucs v Manley state?

Answer 4

Suspicion can be based on hearsay

Question 5

What does Streat v Bauer:Streat v Blanco say about hearsay being relied upon for suspicion?

Answer 5

It may be relied upon to form suspicion provided it has some probationers value

Question 6

What is meant by belief?

Answer 6

It is an inclination in the mind as towards assenting to, rather than rejecting, a proposition and the grounds of which can reasonably induce that inclination of the mind.

Question 7

What is reasonable?

Answer 7

Whether a reasonable man would be of that opinion having regard to the information which was in the mind of he arresting officer.

Question 8

What case law outlines the test for reasonable?

Answer 8

Streat v Bauer:Streat v Blanco

Question 9

When must the suspicion/belief be held?

Answer 9

Prior/during the exercise of police power.

Question 10

What does 202 of LEPRA state?

Answer 10

What police must do when using a power.
I. Identify reason for use of power
P. Provide name and place of duty.
E. Evidence that they are a police officer

Question 11

What does section 201 of LEPRA state?

Answer 11

When safeguards apply. - generally when exercising a power.

Question 12

What does s204A permit?

Answer 12

A Failure to IPE does not automatically affect the validity of what resulted from the use of that power.

Question 13

What case does the common law power to search (seize) before arrest come from?

Answer 13

Ghani v Jones - you can seize items you see but you cannot conduct a search.

Question 14

What is s10?

Answer 14

Power to enter

Question 15

What is the case of Lippl v Haines about?

Answer 15

Unless in exigent circumstances - you must give proper announcement when using this power.

Question 16

What does section 21 about?

Answer 16

Police powers to stop, search and detain.

May without a warrant stop search and detain the person or anything they have on them if they suspect on reasonable grounds that:

1. Something unlawfully obtained
2. Something used in connection with an offence
3. Dangerous article
4. Prohibited plant or drug

Question 17

What search powers are there during an arrest?

Answer 17

1. Common law powers
2. S27 power to search on arrest
3. S99(1) implicit power of police to arrest without warrant
4. S100(2)

Question 18

What does section 27 permit?

Answer 18

A search on arrest if the officer suspects on reasonable grounds that it is prudent to do so for:

1. Danger to person
2. Something to help escape custody
3. Item used in commission of offence
4. Something will provide evidence of an offence
5. Intended to be used in an offence.

(Subsection 2 can be used to search at vehicle)

Question 19

What is section 28A?

Answer 19

When someone is in police custody they may be searched for any reason.

Question 20

What happens when the elements of a search are not met?

Answer 20

We can rely upon section 138 of the EA - evidence obtained illegally should not be admissible unless the desirability of admitting the evidence outweighs the undesirability of admitting evidence hat has been obtained in the way in which the evidence was obtained.

Question 21

What does Ohlsen v Jones and Anor say about s138?

Answer 21

It would not be appropriate for evidence of a serious crime to be excluded simply because it was obtained improperly. Obviously must consider the circumstances of the case.