Search and Seizure Flashcards
Section 90 is to:
Arrest
Save life or limb
Prevent serious damage to property
Section 97
The use of force
Section 70
Person search upon arrest
Section 70 is looking for:
Dangerous articles
Implements to aid escape
Evidence of an offence
Article 12
Search on arrest - Power to search where the person was arrested. Can do this right away after they are arrestedEvidence related to the offence
Arrested and contained within
RRP or vehicles
Article 13
Search after arrest - Need ASP for this.
Article 13 is looking for:
Connected to Or Similar To the offence Arrested
Article 14
Power to seize an item as evidence.
Article 14 is to make sure an item is not:
Concealed Lost Altered Damaged Destroyed Tampered with
Article 17
Retention of an article
Article 17 is to have an item:
Forensically examined
Investigate further
Trace the lawful owner
Evidence at court
Section 83
JA and Co’s warrant - must be in person, by proxy, by TV link.
Why would you get a JA or CO’s warrant?
Warning will negate the search Access will be refused Impractical to obtain consent Things sought are in RRP are admissible, relevant and of substantial value to the enquiry Relevant service offence
3 questions to ask before searching a room
Is this room yours?
Does everything belong to you?
Does anyone else have access to your room?
What paperwork would you hand over when searching a room?
811A - Notice of Rights Rights booklet Custody Information Notice of Search 1755 Article 13 - Notice of search left behind