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352 - Cards > Search And Surveillance > Flashcards

Search And Surveillance Flashcards

1
Q

What must you do to comply with section 125?

A

R - reason for the search
A - the act the search derived from
N - name yourself for identification

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2
Q

What does section 88 allow?

A

Searches where you BELIEVE the individual has evidential material with them.

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3
Q

What does section 85 allow?

A

A search of a person who is detained or arrested.

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4
Q

What kind of search is allowed by section 85 and 88?

A

A Rub-down search.

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5
Q

What does section 11 cover? SASA

A

Allows police to conduct a search to remove property or money from an individual who who is to be locked up

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6
Q

What does section 13 cover?

A

Police must return property that has been seized under section 11 unless the property may be held for evidential purposes

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7
Q

What does section 91 - 96 cover? And what must police do to comply with these sections?

A

Consent searches. Must inform them these are consensual and we must inform them they may remove any consent at any time

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8
Q

What must police do to comply with section 131?

A

Police must identify themselves, announce their intention to enter and search, and if not in uniform must provide ID, when entering a place or vehicle or other thing. RAIN

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9
Q

What does section 7 cover? SASA

A

Entry without warrant to arrest person unlawfully at large

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10
Q

What does section 8 entail? SASA

A

If police believe if entry is not executed immediately the person or evidence wanted may escape or be concealed, police may enter that place or vehicle without warrant and search for and arrest the person whom committed the offence

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11
Q

What does section 8 not allow?

A

The power to search for evidential material.

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12
Q

What does section 110 cover?

A

Entails the powers that are authorised of searching places and vehicles

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13
Q

What does section 169 entail?

A

Reporting the use of the search power.

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14
Q

What acronym is required to say for powers of entry of property and vehicles?

A

R - reason for search
A - act that applies
I - intention to enter
N - name

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15
Q

What does section 110 entail?

A

C) reasonable force on property for the search

D) seize anything subject to search or things lawfully able to be seized

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16
Q

Section 14?

A

Warrant less entry to prevent offences or respond to risk of life or safety.

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17
Q

What does section 14 not allow?

A

It is not a power to search, only to enter

18
Q

Section 7? SASA

A

Entry without warrant to arrest person unlawfully at large

19
Q

Section 8? Search and surveillance act

A

Entry without warrant to avoid loss of offender or evidential material.

20
Q

What must you consider when talking about preserving evidential material?

A

CADD

C - concealed
A - altered
D - damaged
D - destroyed

21
Q

Section 83?

A

Entry without warrant after arrest

22
Q

Section 84? SASA

A

Warrantless entry and search of vehicle after arrest

23
Q

Section 123?

A

Seizure of items in plain view

24
Q

Section 29?

A

Power to search vehicles without warrant for stolen property

25
Q

Section 9? SASA

A

Stopping a vehicle to find persons unlawfully at large or who may have committed certain offences

26
Q

Section 10? SASA

A

Police may:

  • demand details if stopping vehicle under section 9
  • search the vehicle to find the target if you believe they are in or on the vehicle
  • search the vehicle for evidential material if they’ve been arrested
27
Q

Section 121? SASA

A

Stopping the vehicle without a warrant for the purposes of a search.

28
Q

What can you not do under section 121?

A

Police can’t demand details under section 121

29
Q

Section 128?

A

If stopped a vehicle, you may require the vehicle to remain stopped for as long as reasonably necessary.

30
Q

Section 122?

A

Moving a vehicle for the purposes of a search or safekeeping

31
Q

Section 32?

A

Authorised road blocks implemented without warrant ( senior constable or up to authorise)

32
Q

What sections only apply with a penalty above 14 years?

A

Section 15, 16, 17

33
Q

Section 15? SASA

A

May enter place if believe suspect has committed an offence 14+ years penalty and evidential material is at risk of being CADD

34
Q

Section 16? Search and surveillance

A

If a person is in a public place and you believe:

  • the person is in possession of evidential material relating to an offence over 14

You may

  • search without warrant
35
Q

Section 17? Sasa

A

If a vehicle is in a public place and you believe:

Evidential material is in the vehicle relating to an imprisonable offence of 14 years you may enter and search the vehicle

36
Q

Section 116?

A

Secure a property or vehicle or property

And

Exclude people from that vehicle or property

37
Q

Section 118? SASA

A

Detain an individual for the purpose of determining their connection

38
Q

What must you have to execute section 118?

A

Must have a search power prior to detaining

39
Q

Section 119? SASA

A

Detain and Search person whom police believe evidential material is on them when exercising a search power on place or vehicle

40
Q

Section 123?

A

Seize items found in plain view

352 - Cards (25 decks)

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