SEARCH AND SURVEILANCE

Question 1

Section 15 of the search and surveillance act 2012 allows you to do what?

Answer 1

A constable may enter and search a place without a warrant if he or she has reasonable grounds to suspect
(A) that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and
(B) to believe
That evidential material related to the offence is in that place and
That if entry is delayed in order to obtain a search warrant the evidential material will be destroyed, concealed, altered, or damaged

Question 2

What does section 16 of the search and surveillance act 2012 allow you to do?

Answer 2

A constable
May search person without a warrant
In a public place
Reasonable grounds to believe
Person is in possession of evidential material
Relating to an offence punishable by imprisonment for a term of 14 years or more

Question 3

Section 17 search and surveillance act 2012. What does this power allow you to do?

Answer 3

A constable may
Without a warrant
Enter and search a vehicle
In a public place
Reasonable grounds to suspect it
If evidential material relating to an offence punishable by imprisonment for 14 years or more is in or on the vehicle

Question 4

Explain the circumstances that must exist to invoke section 112 of the search and surveillance act 2012?

Answer 4

If a person is exercising a search power
Is uncertain whether any item found maybe lawfully seized
And it is not reasonably practicable to determine whether the item can be removed at the place or vehicle where the search takes place
The item maybe seized by the person for the purpose of EXAMINATION or ANALYSIS to determine whether it may be lawfully ceased.

Question 5

What circumstances must exist for you to invoke section 117 of the section surveillance act 2012? And what can you do

Answer 5

If an application for a search warrant is about to be made, has been made and has not yet been granted or refused, an enforcement officer present at the place or vehicle that is subject to the application may
(A) enter and secure the place, vehicle or other things and respect of which the search warrant is being sought
(B) direct any person to assist with the entry and securing of the place or vehicle or other thing
If the officer has reasonable grounds to believe that the evidential material maybe destroyed, concealed, altered, damaged or removed
Before the search warrant is granted or refused
Time-limit six hours after search power exercised
Until warrant granted or warrant refused

Question 6

What must you be doing to invoke section 123 of the search and surveillance act 2012?

Answer 6

(I) exercising a search power or
(B) is lawfully in any place or in or on a vehicle or
(C) is conducting a lawful search of a person
Finds any item in the course of carrying out the search or as a result of observations at the place or in the vehicle
Can SEIZE the item if you have reasonable grounds to believe that any search warrant could have been obtained by him or under this act or any other enactment

Question 7

What are you up locations with exercising a power search under the search and surveillance act 2012?

Answer 7

Reason
Act
Intent (to enter vehicle etc)
Name and ID

Question 8

What are the restrictions under section 45 of the section surveillance act on trespassed surveillance and use of interception device?

Answer 8

Nothing in this section authorises any in enforcement officer to undertake Tresspass surveillance other than by means of a tracking device except in order to obtain evidential material in relation to an offence
(A) that is punishable by a term of imprisonment of seven years or more or
(B)against certain arms act offences

Question 9

Under section 46 (A) of the search and surveillance act 2012 what activity can you do without a surveillance device warrant?

Answer 9

Observe private activity without the use of a surveillance device from public areas
Observe private activity in the curtilage of private premises by means of a surveillance device; for a single investigation, or a connected series of investigations, for a period of observation that does not exceed,
Three hours in any 24 hour period or
Eight hours in total

Question 10

Name three types of surveillance devices.

Answer 10

(A) a interception device
(B) a tracking device
(C) a visual surveillance device