Search and Seizure Flashcards

1
Q

Section 90 is to:

A

Arrest
Save life or limb
Prevent serious damage to property

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2
Q

Section 97

A

The use of force

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3
Q

Section 70

A

Person search upon arrest

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4
Q

Section 70 is looking for:

A

Dangerous articles
Implements to aid escape
Evidence of an offence

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5
Q

Article 12

A

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

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6
Q

Article 13

A

Search after arrest - Need ASP for this.

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7
Q

Article 13 is looking for:

A
Connected to
Or
Similar 
To the offence
Arrested
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8
Q

Article 14

A

Power to seize an item as evidence.

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9
Q

Article 14 is to make sure an item is not:

A
Concealed
Lost
Altered
Damaged
Destroyed
Tampered with
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10
Q

Article 17

A

Retention of an article

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11
Q

Article 17 is to have an item:

A

Forensically examined
Investigate further
Trace the lawful owner
Evidence at court

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12
Q

Section 83

A

JA and Co’s warrant - must be in person, by proxy, by TV link.

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13
Q

Why would you get a JA or CO’s warrant?

A
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
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14
Q

3 questions to ask before searching a room

A

Is this room yours?
Does everything belong to you?
Does anyone else have access to your room?

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15
Q

What paperwork would you hand over when searching a room?

A
811A - Notice of Rights
Rights booklet
Custody Information
Notice of Search 1755
Article 13 - Notice of search left behind
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16
Q

Powers of S&S - GOWISED

A
Grounds
Object of search
Warrant Card
ID
Service Establishment
Entitled to a copy of a search record
Deaf or don't understand
17
Q

What is Article 19

A

Seizure of a large quantity of items, when impractical to search through all in the RRP.

18
Q

What is Article 20

A

The same as Article 19, but on a person.