Search and Surveillance

Question 1

How does RAN and RAIN fit into the S&S Act 2012?

Answer 1

RAN is an acronym used to remember the requirements of the S&S act under s131 when we are using a search power in relation to any place or vehicle or thing.
We must comply with identification and notice requirements:

Before Initial Entry, we must state:
-Reason for search/intention to enter search
-Act we are working under - the S&S act
Also, if searching places/thing/vehicle
- Intent of the search

-Name and position is stated

Question 2

What is covered under section 131 of the Search and Surveillance Act 2012?

Answer 2

Requirements when using a search power in relation to a PLACE or VEHICLE or OTHER THING. Before entry you must comply with:

• Identifying yourself
• Announce intention
• prove I.D if not in uniform

If no person is available to view the SW at the time of search, a copy must be provided within 7 days

Question 3

What is covered under section 125 of the Search and Surveillance Act 2012?

Answer 3

Rules and obligations when carrying out a warrantless search of a person. 
Include:
- identifying yourself
- name of act and reason for search
- provide I.D if not in uniform
- provide inventory of items seized

Question 4

What is covered under section 169 of the Search and Surveillance Act 2012?

Answer 4

Requirement to complete an online notification if carrying out warrantless powers of entry, search or surveillance these need to be reported in some instances

Question 5

What warrantless powers do NOT need to be reported under s169

Answer 5

• s85 and 88 -search of people after detention or arrest
• s11 - search of people in lawful custody at a police station
• s91-96 - consent searches
• after exercise of entry only power without power of search i.e s14

Question 6

What is covered under section 116 of the Search and Surveillance Act 2012?

Answer 6

Securing a place or thing
When using a power to search a place, vehicle or other thing, you are able to:
- secure this place/the items
- exclude people from entering place
- prove info on your I.D and reason for search if asked

Question 7

What is covered under section 118 of the Search and Surveillance Act 2012?

Answer 7

Powers of detention
To determine a connection between the place/vehicle you are searching and the person , you have the ability to:
- Detain any person in/on that place at the time
- Detain anyone that arrives at that place/vehicle
- Detain anyone who stops at or enters/tries to enter that place or thing

You can detain them for a reasonable period

Question 8

What is covered under section 119 of the Search and Surveillance Act 2012?

Answer 8

Powers to search persons at place/vehicle
If searching a place/vehicle you may search any person who:
-is found in the vehicle/on the place
-arrives at the place
- who stops at/enters the place/vehicle

IF- you have RGTB they have evidential material you are searching for, or
- RGTS they have inter possession a dangerous item that may pose a threat or risk