Search and Serveillance 2012 Flashcards
What is section 110?
Powers incidental to search places and vehicles
Ie.
You can use reasonable force in respect to any property for purpose of search
You can seize anything that is the subject of the search
What is section 116?
If carrying out a search on place or vehicle you may secure the area / vicinity. You may exclude any person who may hinder or obstruct.
(Use RAIN when doing this)
What is section 118?
If you exercise a power to search a place or vehicle you may DETAIN any person who is in, arrives at, or stops at (the place/vehicle).
What is section 123?
Seizure of items in plain view of an uncertain status.
What is section 7?
WANTED PERSONS
If you have RGTS a person is unlawfully at large and that the person is in a place or vehicle you may enter without warrant to search for and arrest that person.
What is section 8?
Entry without warrant to avoid loss of offender or evidential material.
Entry into place or vehicle.
(To avoid losing offender
+ CADD)
What is section 84?
Warrantless entry and search of VEHICLE if you have arrested a person and believe EM is in vehicle.
What is section 14?
Warrantless entry to prevent offences of respond to risk of life or safety.
What is section 119?
If you exercise a power of search in relation to place /vehicle you may search anyone who
is found at place/vehicle
Arrives at place/vehicle
Stops at or tries to enter place/vehicle
What is section 9?
To stop a person unlawfully at large to arrest them or to arrest someone who has committed certain Offences.
Stop to K9
What is section 10?
If you are exercising S9 you may search vehicle + demand details from all persons in vehicle.
You may search vehicle if
You have arrested the person or if
The offenders are not there but are SEEN FLEEING.
What is section 83?
Entry without warrant to place if you have arrested a person and believe EM in house and CADD.
What is section 121?
Stopping a vehicle without warrant for purposes of search.
- Stopping vehicles without warrant for purposes of search if you have RGTB.
- Stopping vehicles to execute a search warrant.
YOU MUST RAIN.
What is section 122?
You can move a vehicle to another place where it’s safer to conduct a search or for safe keeping.
What is section 128?
When a person is pulled over it is their duty to remain stopped.