Search And Servellance

Question 1

Section 7 and 8 SS Act 2012, enter a place or vehicle for…

Answer 1

7 - And arrest a person who is unlawfully at large.

8 - And arrest a suspect, to avoid loss of offender, or loss of evidential material (avoid CADD).

Question 2

Section 14, SS Act 2012, enter a place or vehicle and take any action to….

Answer 2

To prevent an offence (injury or serious damage) or as emergency response if risk to life or safety.

Question 3

Section 27 and 28, SS Act 2012, search…

Answer 3

27 - Person, in a public place if reason to believe in possession of an offensive weapon
28 - vehicle in a public place if reasons to believe containing an offensive weapon.

Question 4

Section 29, SS Act 2012, enter and search vehicle or public place if…

Answer 4

Reasonable grounds to believe in possession of stolen property.

Question 5

Section 83 and 84, SS Act 2012, after arrest, arresting officer may…

Answer 5

83 - Enter and search place for evidence, if reasonable grounds to believe concealment, alter, damage or destruction will occur.
84 - Enter and search vehicle if reasonable grounds to believe vehicle contains evidence.

Question 6

Section 112, SS Act 2012, remove…

Answer 6

Items of uncertain status.

Question 7

Section 123, SS Act 2012, seizure…

Answer 7

Of items in plain view

Question 8

Section 120, SS Act 2012, person or vehicle leaves before search completed…

Answer 8

May enter place to apprehend person or vehicle, if person freshly pursued and reasonable grounds to there is evidence.

Question 9

S15 SS Act 2012, enter and search place…

Answer 9

Enter and search place, offence has/is/about to be committed, if reasonable grounds to believe CADD will occur (CADD=destruction of evidence/exhibits)

Question 10

S16, S17 and S18 SS Act 2012, search…

Answer 10

16 - Person in a public place, if reasonable grounds to believe person has evidence.
17 - Vehicle ———————————————————— vehicle has evidence.

Question 11

Section 18 SS Act 2012, Search…

Answer 11

Person or things (including vehicle), under their control, to search for and seize firearms/licence.

Question 12

Section 30 and 32 SS Act, Acting Sargent may authorise

Answer 12

30 - A road block for purpose of arresting a person unlawfully at large or who had committed an offence punishable by imprisonment.
32 - if roadblock authorised, stop vehicles and require details if reasonable grounds to believe an offence had been committed or persons in vehicle.

Question 13

Section 121 SS Act, stopping a vehicle with or without warrant…

Answer 13

For purposes off a search, if you believe on reasonable grounds a search is needed.

Question 14

Section 110 SS Act, Search Powers.

All search powers authorise the person to…

Answer 14

Enter and search
Request assistance
Use reasonable force to search
Seize anything that is the object of the search or can be lawfully seized
Bring and use equipment (dog etc)
Take photographs and recordings

Question 15

Section 125 SS Act, Special rules when searching.

When exercising a power to search a person you must.

Answer 15

Identify yourself
State the act unless impractical
Explain the reason for the search
If not in uniform provide evidence of identity
Detain person for a search 
Promptly provide an inventory

Question 16

Section 131 SS Act, Identification and Notice Requirements.

When exercising power to search a place, vehicle or thing you must:

Answer 16

Identify yourself
Announce you intention to enter and search
State the act unless Impractical
Explain reason for search or display warrant
If not in uniform provide evidence of identity
Promptly provide inventory of items seized
Provide written notice

Question 17

Section 123 SS Act, seize…

Answer 17

Items in plain view, if lawfully in a place or vehicle

Question 18

Section 117 SS Act, Secure…

Answer 18

(Not search) the scene until search warrant is obtained (Max 6 hrs), if reason to believe CADD may occur.

Question 19

Section 85 and 88 SS Act, 85 - Rub down, 88 - Search…

Answer 19

Any person arrested or detained, for anything that may harm or facilitate escape.

Question 20

Section 11 SS Act, search…’

Answer 20

Any person who is about to be ‘locked up’

Question 21

Section 10 SS Act, vehicle may…

Answer 21

Be searched if stopped under section 9 (arrest person unlawfully at large) and person is arrested or flees

Question 22

Section 116 SS Act, searcher man secure…

Answer 22

Place/vehicle/thing searched and if reasonable grounds to believe person will hinder the search, remove that person.

Question 23

Section 118 SS Act, searcher may…

Answer 23

Detain any person at/arriving at place or vehicle to establish connection to object of the search.

Question 24

Section 119 SS Act, search any person…

Answer 24

At/arriving/leaving place or vehicle being searched, if reasonable grounds to believe the person has evidence or reasonable grounds to suspect has dangerous weapon or reasonable ground to suspect immediate action is necessary.

Question 25

Section 169 SS Act, must notify

Answer 25

When any warranty search power is used, unless s88, 85, 11 or any power that does not confer search power eg s14 emergency entry.

Question 26

Section 9 SS Act, stop vehicle…

Answer 26

To arrest a person unlawfully at large or had committed an offence punishable by imprisonment.

Question 27

Section 20, 21 and 22 SS Act 2012, enter and search…

Answer 27

20 - place or vehicle, only when search warrant impractical and reasonable grounds to believe destruction of evidence will occur.
21 - searching a person in place or vehicle when conducting a s20 search.
22 - search person in a public place if reasonable grounds to believe in possession of drugs/precursors.