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
Section 16 SSA
In a public place, 14+ years imprisonable offence. Believe EM is on the person.
Section 17 SSA
In a public place, 14 years imprisonable offence, believe EM is in a vehicle
Section 29
Power to search vehicle for stolen property
Section 110(c)(d)
C) Use reasonable force in respect of property only to carry out search and lawful seizure
D) Seize anything that is the subject of the search or that may be lawfully seized
Section 116 SSA
Secure the place or vehicle and exclude person(s) who may hinder your duties
Section 121 SSA
Stop vehicle for w/less search
Stop vehicle to execute search warrant
Section 118 SSA
When you rain (Nar) you detain to determine connection
Section 123
Seizure of items in plain view
Section 122 SSA
Moving a vehicle to make it accessible for search, keep safe
Section 125
Special rules about search persons
- identify self
- state Act
- produce ID if not in uniform
- may detain person
- may use force
- request medical practitioner or nurse,
- strip search- may request same sex person
- search any item person is wearing or carrying
- seize anything carried by the person
Section 119 SSA
Power to search person when you believe EM is on them. Must be linked with the vehicle.
Section 128 SSA
Duty to remain stopped
- stopped under s9/10
- already stopped
- Nar for search
