Search and Surveillance Flashcards
What does section 7 of the SASA 2012 allow? Under what circumstances?
Entry without warrant to arrest a person unlawfully at large.
You may enter a PLACE or VEHICLE without warrant to search for a person unlawfully at large IF
- You SUSPECT the person is unlawfully at large AND
- BELIEVE the person is in the place/vehicle
What does section 9 of the SASA allow? Under what circumstances?
Stopping vehicles to find a person unlawfully at large or who have committed certain offences
Constable may stop a vehicle to arrest a person IF they have reasonable grounds to
- SUSPECT a person is unlawfully at large or committed an offence punishable by imprisonment AND
- BELIEVE the person is in or on the vehicle
What does section 10 of the SASA 2012 allow?
Powers and duties of constable after vehicle stopped under s9
You may
- Require any person in the vehicle who you have RGTS is unlawfully at large/committed imprisonable offence supply name, DOB, address, other contact details
- Search vehicle to locate person referred to in s9
if you have RGTB they are in there
- Search vehicle for evidential material relating to s9 IF person has been arrested OR seen fleeing vehicle before being arrested
NOTE - must tell driver the object of the proposed search BEFORE searching if driver is not the person sought
What does section 14 of the SASA 2012 allow? Under what circumstances?
Warrantless entry to prevent offence or respond to risk to life or safety
ONLY entry power
Must have RGTS offence is being committed or about to be committed that would likely cause injury to any person or serious property damage OR
There is risk to the life or safety of any person that requires an emergency response
What does section 18 of the SASA 2012 allow? Under what circumstances?
Warrantless searches related to arms
Allow you to search person, possessions under their control, place, vehicle
IF RGTS there are arms AND person breaching arms act or incapable of having firearms (physical or mental), or has protection order/PSO or grounds for protection order
REMEMBER - lower threshold (SUSPECT) and no CADD
What does section 20 of the SASA allow? Under what circumstances?
Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
Constable may enter and search a place IF
- RGTB not practicable to obtain warrant and there are drugs in that place/vehicle (schedule 1, schedule 2 part 1, schedule 3 part 1, precursor) AND
- RGTS offence against MODA committed or about to be
- RGTB evidence will be CADD if entry delayed
What does s21 of SASA allow? Under what circumstances?
Allows the search of persons found in any vehicle/place being searched under s20
What does s22 of the SASA 2012 allow? Under what circumstances?
Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
Search a person IF
- RGTB person has drug on them (schedule 1, schedule 2 part 1, schedule 3 part 1, precursor)
- RGTS offence against MODA 1975 committed/will be committed
NOTE - no CADD. Would usually use in public places
What does section 27 of the SASA allow? Under what circumstances?
Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected
Only need RGTS person has offensive weapon
What does section 28 of the SASA 2012 allow? Under what circumstances?
Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected
A constable who has reasonable grounds to suspect that:
(a) a person travelling in the vehicle or who has alighted from it is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances); AND
(b) the vehicle contains a knife, offensive weapon, or disabling substance.
May search the vehicle without warrant
What does section 30 of the SASA 2012 allow? Under what circumstances?
Warrantless power relating to road blocks
Authorising a road block to arrest a person IF
RGTB a person is in the vehicle AND RGTS the person is unlawfully at large/has committed an imprisonable offence AND
RGTS the vehicle will travel through the road block AND is satisfied the safety of the public will be ensured
Who can authorise a road block under s30 SASA 2012?
A sergeant and above - including an acting
What does section 32 of SASA 2012 allow?
Actions at a road block
Constable may:
- Establish a road block
- Stop vehicles at or in vicinity of road block
- Require person stopped who Constable has RGTS is unlawfully at large/committed offence punishable by imprisonment to provide name, DOB and address
- Search vehicle to find person unlawfully at large if RGTB they are in the vehicle
What does section 110 of SASA 2012 cover?
Covers general powers when executing a search power
- Enter and search
- Ask person to assist
- Use force to carry out search
- Seize anything that may be lawfully seized
- Bring equipment to assist with search or use equipment found at location
- Use a police dog + handler
- Copy documents that may be seized
- Access data (such as computers) to seize evidential material
- Take photos, video recordings, drawings, sketches etc
What does section 116 of the SASA allow?
Securing the place, vehicle or other thing to be searched
You can
- Secure the place
- Exclude people from the place
Must give RAN and identify yourself
