Search And Suraveillance Flashcards
Explain section 9
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
Section 10
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.
Section 121
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.
Section 128
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
Section 129
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
Section 169
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
Section 14
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
Section 7
Entry without warrant to arrest person unlawfully at large.
Place or vehicle
Without a warrant
Define RAIN
Reason
Act
Intent
Name
S.131
Drugs arms act
RAN
Reason
ACT
NAME
S.125
Search of person
S.125
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
S.131
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
S.91-96 refer to what searches
Consent searches
S.88
Warrantless search of arrested person
S.85
Rub down search of arrested or detained person
S. 11
Warrantless searches of people who are or are to be, locked up in police custody
S.18
Warrantless search associated with arms
S.22
Warrantless power to search for controlled drugs, and precursor substances if offence suspected against misuse of drugs Act 1975
S.27
Searching people in public places without a search warrant if offence against section 202(4)(a) of Crimes Act 1961 suspected
Three types of searches
Warrantless
Search warrant
Consent
CADE
Conceal
Alter
Damage
Destroy
CADE
Conceal
Alter
Damage
Destroy
S.110
Search powers
S.84
Warrantless entry and search of a vehicle after arrest
S.8
Entry without warrant to avoid loss of offender or evidential material
S.29
Powers to search vehicles without warrant for stolen property
When using RAIN what would you say to fulfill your requirements
My name is constable…… Of au
