Search and Surveillance Flashcards
What is Section 7 Search and Surveillance 2012?
Entry without warrant to arrest a person unlawfully at large.
What is section 8 Search and Surveillance 2012?
Entry without warrant to avoid loss of offender or evidential material (CADD).
What is section 9 Search and Surveillance 2012?
Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences).
What is section 10 Search and Surveillance 2012?
Power and duties of a Constable after vehicle stopped under section 9 (unlawfully at large person or imprisonable offence).
What is section 15 Search and Surveillance 2012?
Entry without warrant to find and avoid loss of evidential material relating to certain offences 14+ imprisonment has, is being or will be committed. (CADD).
What is section 16 Search and Surveillance Act 2012?
Searching people in a public place without warrant for evidential material relating to certain offences, 14+ imprisonment.
What is section 17 Search and Surveillance Act 2012?
Warrantless entry and search of vehicle for evidential material relating to certain offences, 14+ imprisonment.
(Vehicle only in public place).
What is section 18 Search and Surveillance Act 2012?
Warrantless search for firearms / firearm related offences.
What is section 20 Search and Surveillance Act 2012?
Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences.
What is section 21 Search and Surveillance Act 2012?
Warrantless searches of people found in or on places or vehicles.
What is section 22 Search and Surveillance Act 2012?
Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975.
What is section 27 Search and Surveillance Act 2012?
Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected. (Offensive weapon).
What is section 28 Search and Surveillance Act 2012?
Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected. (Offensive weapon search).
What is section 83 Search and Surveillance Act 2012?
Entry without warrant after arrest to a place, and RGTB CADD will occur to evidence, if delay for obtaining a warrant.
What is section 84 Search and Surveillance Act 2012?
Entry without warrant after arrest to a vehicle which they were arrested in or any other vehicle, and RGTB CADD will occur to evidence, if delay for obtaining a warrant. (Only vehicle in pp).
What is section 112 Search and Surveillance Act 2012?
items of uncertain status may be seized.
What is section 117 Search and Surveillance Act 2012?
Special powers where application for a search warrant pending. Place, vehicle or other such thing. Maximum of 6 hours.
What is section 121 Search and Surveillance Act 2012?
Stopping vehicles with or without warrant for purposes of search.
What is section 123 Search and Surveillance Act 2012?
Plain view seizure.
What is section 45 Search and Surveillance Act 2012?
Restrictions on some trespass surveillance and use of interception device. Must be punishable by a term of imprisonment of 7 years or more, or
• against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983.
What is section 46 Search and Surveillance Act 2012?
Trespass surveillance restrictions…
Offences? period of time?
Activities for which surveillance device warrant required.
7+ imprisonment offence or offence against the Arms Act 1983.
Period of time:
3 hours in any 24-hour period; or (ii) 8 hours in total.
What is section 47 Search and Surveillance Act 2012?
Some activities that do not require warrant under this subpart. Lawfully on private property, anything that is heard by the enforcement officer noted, using an audio device to record a conversation with at least one of the persons consent.
What is section 48 Search and Surveillance Act 2012?
SURVEILLANCE DEVICE WARRANT NEED NOT BE OBTAINED FOR USE OF SURVEILLANCE DEVICE IN SOME SITUATIONS OF EMERGENCY OR URGENCY.
(Period of 48 hours).
Must be:
-To suspect 14+ offence has been, is or about to be committed. Device will provide essential evidence. Device used to prevent offending or avert emergency, essential to facilitate seizure of firearms.
