Search and Surveillance Flashcards
Section 125
RAN When you exercise a power to search a person you must -Identify yourself by name or QID -Advise the person of the enactment -Reason for the search
Section 11
Warrantless search of a person who has been taken into lawful custody and is to be locked up
- At a police station
- A premise being used for police purpose
- In or about to be placed in a vehicle being used for police purposes.
Section 85
Rub down search of arrested or detained person. To ensure that the person is not carrying anything that may be used to harm anyone or facilitate an escape.
Section 88
Warrantless search or arrested or detained person (evidential materials)
You may search a person pursuant to arrest or statutory detention if you have reasonable grounds to believe the person is carrying anything that
-is evidential material
-may be used to harm any person or facilitate an escape.
Section 11(3)
Search a person after they have been locked up if
- The person was not searched before they were locked up.
- The person is suspected of having been close to another person who has not been locked up by police.
- Have reasonable grounds to believe that the person may have anything to harm themselves or others.
Section 13
Return property when a person leaves custody (wherever they go their property goes)
Section 92
Purpose for which consent search may be undertaken a vehicle or a thing in their control (A child cannot consent to this)
Section 93
Consent search. Before doing a search you must
- determine that the search is for a purpose authorised by sec 92.
- Advise the person that they may either consent to being search or refuse to be searched.
Section 131
RAIN
When you execute a search power before initial entry onto the place, vehicle or other thing to be searched
-Identify yourself by name or QID
-Announce your intention to enter
-If without a warrant - Name of enactment and the reason for the search
You may you reasonable force to effect entry.
Section 14
Enter for emergency
-Warrantless entry to prevent offences or respond to risk to life or safety. If you have reasonable grounds to suspect that in relation to a place or vehicle.
-An offence is being committed or is about to be committed that would be likely to cause injury to any person or serious damage/loss of property
-Risk to life
You may enter place/vehicle without a warrant and take any action that you have reasonable grounds to believe is necessary to prevent
Section 7
Unlawfully at large
Entry without warrant to arrest person unlawfully at large. If you have reasonable grounds to suspect that a person is unlawfully at large and believe that that person is in the place or vehicle you may enter.
section 8
CADD
Entry without warrant to avoid loss of offender or evidential material. If you have reasonable grounds to suspect that a person has committed an offence punishable by imprisonment for which they may be arrested without a warrant and believe that the person is in a place or vehicle and believe that if entry is not effected immediately CADD will happen
Section 83
CADD Post K9
Entry without warrant after arrest if you have RGTB that evidential material relating to the offence will be CADD
Section 112
(I think ill seize you)
Items of uncertain status and in plain view. You may remove item for analysis or examination to determine whether it may be lawfully seized.
Section 84
(4 wheels post K9)
Warrantless entry and search of vehicle after arrest if you have RGTB that evidential material relating to the offence for which the person was arrested for is in that vehicle.