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.
Section 29
(Prop of mine)
Power to search vehicle without warrant for stolen property.
(Use with section 110 to enter the car)
Section 169
If you execute a warrantless entry/search/surveillance power you must provide a written report as soon as practicable.
Section 30
Obtaining authorisation for warrantless road blocks
If a senior constable (sarge/acting sergeant or higher) has RGTB that in or on a vehicle there is a person they have RGTS
-has committed an offence
or
-is unlawfully at large
and
has RGTS that the vehicle will travel past the place where the road blocks will be
Section 32
Authorised road blocks without warrant
Section 9
Stopping vehicle to find persons unlawfully at large or who has committed imprisonable offence.
Section 10
If exercising the stopping power under sec 9 you may require any person in or on the vehicle to supply all or any of their name, address, other contact dets, DOB
Section 121
Stopping vehicles with or without warrant for purposes of search.
Section 18
Warrantless searches associated with arms. If you have RGTS that a person who is carrying arms or is in possession of them or has then under their control
Section 122
Moving a vehicle for the purpose of search or safekeeping.
Section 128
Duty to remain stopped. If you exercise power to stop a vehicle or search a vehicle you may require the vehicle to remain stopped for as long as reasonably necessary to exercise any power in relation to the vehicle or the occupants of the vehicle.
Section 20
Warrantless search of places and vehicles in relation to some Misuse of drugs Act 1975
If you have RGTB that in or on a place or vehicle there is a controlled drug or precursor substance.
Section 21
Warrantless searches of people found in or on places or vehicles.
You may detain/search/seize.
Section 22
Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs act 1975. If you have RGTB that a person is in possession and you have RGTS that an offence has been committed, is being committed or about to be committed you may search the person without a warrant.
Section 27
Searching people in public places without warrant if offence against section 202A(4)(a) (Offensive weapon) of the crimes Act 1961 suspected
Section 28
Searching vehicles without warrant for offensive weapons.
