Search And Suraveillance Flashcards

1
Q

Explain section 9

A

Stopping a vehicle to find persons lawfully at large or who have committed certain offences.

Unlawfully at large

Has committed a offence punishable by imprisonment

RGTB the person is in or on the vehicle

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2
Q

Section 10

A

Powers and duties of constable after vehicle stopped

If you are exercising the stopping power under section 9 you may require any person in or on the vehicle to supply all or any of their name, address, other contact details and DOB if you have RGTS

They are unlawfully at large

They have committed an offense punishable by imprisonment.

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3
Q

Section 121

A

Stopping a vehicle without a warrant for purposes of search

If you stop a vehicle to excuse the search warrant you must produce evidence of your identity if you are not in police uniform.

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4
Q

Section 128

A

Duty to remain stopped

You may require the vehicle to remain stopped for as long as is reasonably nessessary to exercise any powers in relation to..

Generally no more than 15mins

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5
Q

Section 129

A

Duty to provide information

If you exercise a power to stop a vehicle as soon as you have stopped it, you must provide the driver with.

Your name and QID

Proof of identity if not in uniform

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6
Q

Section 169

A

Reporting of the exercise of powers with in the law enforcement

(Report)

Notification must contain

Short summary of the circumstances

The reason you needed to exercise the warrantless power

Whether evidential material was seized

Whether any criminal proceedings have been or are being considered as a consequence of seizing evidential material

Excluded are s.14, s.11, s.91- 96, s.85- 88

Exception searches under s88( other than a rub down) must be reported

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7
Q

Section 14

A

Warrantless entry to prevent offences or respond to risk to life or safety

Can include serious damage to or serious loss of any property

Place or vehicle

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8
Q

Section 7

A

Entry without warrant to arrest person unlawfully at large.

Place or vehicle

Without a warrant

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9
Q

Define RAIN

A

Reason

Act

Intent

Name

S.131

Drugs arms act

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10
Q

RAN

A

Reason

ACT

NAME

S.125

Search of person

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11
Q

S.125

A

Special rules when searching person.

When exercising a search a person you must

Identity yourself

State the act unless impractical

Explain the reason for the search

If not in uniform produce ID

Detain person for search

Promptly provide an inventory

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12
Q

S.131

A

Identification and notice requirements

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

Identity yourself by name or I’d

Announce your intention to enter and search

State the act unless impractical

Explain reason for search

Use resonable force to enter

Promptly provide inventory of items siezed

Provide written notice

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13
Q

S.91-96 refer to what searches

A

Consent searches

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14
Q

S.88

A

Warrantless search of arrested person

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15
Q

S.85

A

Rub down search of arrested or detained person

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16
Q

S. 11

A

Warrantless searches of people who are or are to be, locked up in police custody

17
Q

S.18

A

Warrantless search associated with arms

18
Q

S.22

A

Warrantless power to search for controlled drugs, and precursor substances if offence suspected against misuse of drugs Act 1975

19
Q

S.27

A

Searching people in public places without a search warrant if offence against section 202(4)(a) of Crimes Act 1961 suspected

20
Q

Three types of searches

A

Warrantless

Search warrant

Consent

21
Q

CADE

A

Conceal

Alter

Damage

Destroy

22
Q

CADE

A

Conceal

Alter

Damage

Destroy

23
Q

S.110

A

Search powers

24
Q

S.84

A

Warrantless entry and search of a vehicle after arrest

25
Q

S.8

A

Entry without warrant to avoid loss of offender or evidential material

26
Q

S.29

A

Powers to search vehicles without warrant for stolen property

27
Q

When using RAIN what would you say to fulfill your requirements

A

My name is constable…… Of au