Search and Surveillance Flashcards
Section 7
Entry without warrant to arrest a person at large.
RGTS a person is unlawfully at large.
RGTB the person is in or on the place or vehicle.
Enter and search the place or vehicle.
Section 8
Entry without warrant to avoid loss of offender or evidential material.
RGTS a person has committed an imprisonable offence.
RGTB the person is in or on the place or vehicle AND if entry is not effected immediately the person will leave or evidential material will be CADD.
Enter and search the place or vehicle.
Section 9
Stopping a vehicle to find person at large or who have committed certain offences (imprisonable).
RGTS a person is at large OR has committed an imprisonable offence.
RGTB they are in or on the vehicle.
Stop the vehicle for the purpose of arresting that person.
Section 15
Entry without warrant to find and avoid loss of evidential material relating to 14yrs+ offences.
RGTS a 14yr offence is/has/about to be committed.
RGTB evidential material relating to offence is in the place AND if entry is delayed then it will be CADD.
Enter and search the place.
Section 16
Search a person in a public place if RGTB the person is in possession of evidential material relating to 14yrs+ offences.
RGTB the person is in possession of evidential material relating to 14yrs+ offence.
Search the person.
Section 17
Entry and search of vehicle for evidential material relating to 14yrs+ offences.
RGTB evidential material relating to offence is in the vehicle.
Enter and search the vehicle.
Section 18
Searches associated with firearms.
Search person, thing in person’s possession including a vehicle, enter place or vehicle, seize any firearms, seize licence under Arms Act 1983.
RGTS in breach of Arms Act 1983, by reason of physical/mental condition is incapable of having proper control of firearms or may kill or cause bodily injury to any person, under the DV Act 1995 a protection order or PSO is in force or there are grounds for one.
Section 83
Entry after arrest.
Enter and search a place for evidential material relating to arrest.
Arrested a person for an offence and RGTB evidential material is at the place and if entry delayed it will be CADD.
Enter and search the place.
Section 84
Entry and search of vehicle after arrest.
Arrested a person for an offence.
RGTB evidential material relating to the offence is in the vehicle.
Enter and search the vehicle.
Section 112
Items of uncertain status.
If already exercising a search power, but unsure if an item can be lawfully seized, to can remove the other for examination to determine if it would be seized.
It must be within scope of the original search.
Section 117
Powers where SW pending.
Can enter and secure a place or vehicle and secure items if a search warrant is being applied for or ‘about to be’.
Can be held for 6 hours while application is made.
Section 121
Stopping vehicle for propose of search.
Must have a power to search or warrant is in force for the vehicle.
Section 123
Seizure of items in plain view.
If already conducting a search and lawfully in place or vehicle, may seize items that could be obtained by search warrant out any other search power under this act.
Section 45
Restrictions on trespass surveillance and use of interception device.
You may trespass surveillance if obtaining evidential material for offences 7yrs+ or against sections 44, 45, 50, 51, 54 or 55 of the Arms Act 1983.
Section 46
SDW required for:
- intercepting private conversations.
- use of tracking device.
- observation in private premises and any recording by way of surveillance device.
- use of surveillance device that involves trespass to land or goods.
- observation in the curtilage of private property if any part of obs or recording is by visual surveillance device and duration of obs exceeds 3 hours in any 24 hr period, or 8 hrs in total.
