Search And Surveilence Act 2012 Flashcards
What 2 things must you do before searching a person?
IDENTIFY yourself by name and advise the person under the ACT and the REASON why you are searching them.
What section of the search and surveillance act 2012 does your Search Power come under? And explain.
S85- you may carry out a rub down search of a person when:
That person is arrested or detained
To ensure that person is not carrying anything that may be used to harm any person or facilitate the persons escape
What section of the search and surveillance act 2012 does your Warrantless search come under? And explain.
S88- you can search a person prior to arrest or detention if you have reasonable grounds to BELIEVE the person is carrying anything that:
Is EVIDENTIAL MATERIAL to the offence
May be used to harm any person
May be used to facilitate the persons escape a
Section 13 SSA
Property taken under section 11 (custody officer search) must be returned when they leave custody.
Section 11 SSA
Custody search at station- property and money taken for safe keeping.
Upon searching what must you say?
My name is…
Under the Search and surveillance act 2012, you will be searched to make sure you have nothing on you that could harm any person or facilitate your escape.
What is a consent search?
A search that must be consented to when you have no believe or just cause to search them. They have the right to say no!
Section 83 SSA
If you have arrested a person and have reasonable grounds to believe that:
- evidential material relating to the offence for which the person was arrested is at a place
- and if entry is delayed in order to obtain a search warrant, the evidence will be CADD
Section 84 SSA
Warrantless entry and search of a vehicle after arrest.
- believe that evidential material for which that person is arrested is in or on a vehicle.
You may entry and search that vehicle for EM without a warrant.
Section 7 SSA
Entry without warrant to arrest person unlawfully at large.
If you have reasonable grounds
- to SUSPECT that a person in unlawfully at large
- to BELIEVE that the person is in a place or vehicle
Section 8 SSA
Entry without warrant to avoid loss of offender or evidential material.
- SUSPECT that a person has committed an offence punishable by imprisonment for which they may be arrested without warrant
- BELIEVE that the person is in a place or vehicle
- BELIEVE that if entry is not effected immediately, either or both will occur:
The person will leave
Evidential material will be CADD
Section 9 SSA?
Stop a vehicle to arrest for prisonable offence or unlawfully at large
Section 10 SSA
Demand details from person you seeking to arrest.
Search the vehicle for the person
Search for EM
Having to either been arrested or seen fleeing
Section 14
Warrantless entry to prevent Offences or respond to risk to life or safety
Section 15 SSA
14+ years prisonable offence
- believe EM in a place and may be CADD
