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.
What is section 129?
If you exercise power to stop you have a duty to provide information.
RAIN
What is section 88?
Rub down search of arrested/detained persons.
For evidential material \+ Harm \+ Fascilitate escape
What is section 16?
Warrantless search of people in public places if you believe they have evidential material relating to SERIOUS CRIME.
What is section 11 and 13?
Duty to do custody search
+
Duty to return property when released
What is section 29?
Power to search vehicles in public place without warrant for stolen property if you have RGTB.
What is section 15?
Entry without warrant to place if you have RGTB evidential material is in place for SERIOUS CRIME.
CADD
What is section 125?
Rules and obligations when searching a person.
RAN
What is section 131?
When you are using search power in relation to a place or vehicle you must use RAIN.
What is section 85?
Rub down search of detained or arrested person.
To ensure nothing on them that can be harmed and to ensure nothing on them they will fascilitate their escape.
What is section 17?
Warrantless search of a vehicle in public place for evidential material for SERIOUS CRIME.
What is section 169?
Reporting use of powers.
You must report use of warrantless power of entry, search or serveillance using online notification form.
What is Section 18?
Warrantless searches associated with arms
What is Section 20?
Warrantless search of places and vehicles in relation to misuse of drugs act 1975 Offences
What is Section 21?
Warrantless search of people on places and vehicles (used alongside s20) in relation to misuse of drugs act 1975 Offences
What is Section 22?
Warrantless search of a person (in pp) in relation to misuse of drugs act 1975 Offences
What is Section 27?
Searching people in public place without warrant if offence against Section 202A(4)(a) suspected.
What is Section 28?
Searching vehicles without warrant if offence against Section 202A(4)(a) suspected.
