Search And Seizure Flashcards
Define suspicion and define authority
George v Rockett - a suspicion that something exists is more than a mere idle wandering whether it exists or not. It is a positive feeling of actual apprehension of mistrust amounting to a slight opinion but without sufficient evidence
Can you rely on hearsay to form suspicion?
Yes can be based on hearsay or other inadmissiable evidence. Streat v Baur.
Define belief
George v Rocket - a belief is an inclination in the mind as towards assenting to rather then rejecting a proposition and the grounds of which can reasonably induce that inclination in the mind may depending on thr circumstances leave something to summarise or conjecture.
Define reasonable for the purposes of police decision making.
Street v Baur; street v Blanco 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.
The suspicion / belief must be had at the same time the officer exercises their power.
Define reasonable for the purposes of a police decision making.
Street v Baur; street v Blanco thr 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.
The suspicion / belief must be had at rhe same time the officer exercises their power
Define reasonable for the purposes of a police decision making.
Street v Baur; street v Blanco 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.
The suspicion / belief must be had at the same time the officer exercises their power
What must occur before exercising search and seizure powers?
Comply with safeguards section 202 LEPRA
WIPE. Warning, advise police officer, provide identification and inform them reason for speaking to them or exercising power.
What if dont WIPE?
Search may be unlawful. Consider if it was reasonably practicable to do so in the circumstance . Christie v leachinsky
What is Christie v leachinsky (1947) authority for?
The requirement to advise the person of the reason for the arrest does not exist if the circumstances are such that he must know the general nature of rhe offence for which he is detained. The requirement doesnt require technical or precise language needs to be used.
What is the authority of Ghani v Jones?
Although the common law does not provide a power to search or seize property before arrest there is an exception in relation to seizure.(Dont need to declare a crime scene)
What power do police have to search and seize things before a person is arrested?
- Common law Ghani v jones
- Section 21 law enforcement powers and responsibioities act ( power to search person’s and seize things wirhout a warrant)
- Section 22 LEPRA - power to seize dangerous articles on premises
- S23 LEPRA - power to search for dangerous implements
- S36 LEPRA - power to search vehicles and seize things without a warrant
- S42 LEPRA - power to search vessels and aircraft and seize things without a warrant
- S45 LEPRA power related to prohibited drugs/plants on air craft
- Section 85 LEPRA - search and seizure powers relating to domestic violence offences
When will a police officer be able to search a person without a warrant and what general power is used?
Section 21 LEPRA. A police officer may, without a warrant, stop, search and detain a person and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exist:
A) the person has in his or her possession anythinf stolen or unlawfully obtained.
B) the person has in his or her possession or under his or her control aNything used or intended to be used connection with the commission of a relevant offence.
C) the person has in his or her possession or under his or her control in a public a dangerous article that is being or was used in or in connection with the commission of a relevant offence.
D) the person has in his or her possession or under his or her control, in contravention of the drug misuse and trafficking act 1995, a prohibited plant or a prohibited drug.
In a public place a dangerous article
What property may a police officer seize under section 21 LEPRA?
21(2)(a) all or part of a thing that the police officer suspects on reasonable grounds is stolen or otherwise unlawfully obtained.
B) anything the officer suspects on reasonable grounds may provide evidence of the commission ot a relevant offence
C) any dangerous article
D) any prohibited plant or drug
What powers do polixe have to search and seize things during the arrest?
- Common law Ghani v jones (seizure only)
- S27 LEPRA (power to carry out search on arrest)
- S99(1) LEPRA implicit in power polixe to arrest without a warrant
- S100(2) LEPRA implicit in the power of other persons to arrest without a warrant
What are police searching for utilising a power under s27 LEPRA?
S27 (1) a polive officer who arrests a person may search the persin at or anytime after the arrest if the officer suspects on reasonable grounds that it is prudent to do so in order to search to ascertain if the person is carryinf anything
A) that would present a danger to a person
B) that could be used to assist a person escape from lawful custody
C) that is a thinf that will provide ecidenxe of the commission of the offence
D) that is a thing that will provide evidence of tbe commission of an offence and
E) that was used or is intended to be used in or in connection with the commission of an offence.
27 (2) any tome after arrest may search if suspext on reasonable grounds nevessaey to ascertain if
A) person carrying anything that would present a danger to a person
B) that would be used to assist a person to escape from lawful custody.
S27(3) May seize items found under this section
