Search and Surveillance Flashcards
General Principles applying to searches
Reasonable and Lawful
Section 7 S&S:
Entry (vehicle or place) to arrest person unlawfully at large
RGS - person is unlawfully at large
RGB - the person is there
What does unlawfully at large mean?
- Warrant
- Escaped custody or prison
- Special or restricted patient escaped or failed to return from leave
- Young person who is subject to “supervision with residence” order and absconding from CYF custody
*An offender who breaches bail but does not yet have a warrant is not unlawfully at large
Section 8 S&S:
Entry (place or vehicle) to avoid loss of offender or evidential material
RGS- person has committed imprisonable offence
RGB - the person is there
RGB - if entry is not effected immediately the person will leave to avoid arrest or EM will be CADD
What does Section 8 give you powers to search for?
Entry and search to avoid loss of offender or evidential material.
RGS - offence punishable by imprisonment has been committed
RGB - person is in place or vehicle
RGB - evidence will be CADD
You cannot search for evidential material UNLESS arrest is made
Section 14 S&S:
Entry (place or vehicle)
RGS - offence is being committed, likely to cause injury, serious damage to property or risk to life and safety
RGB necessary to prevent offending or avert emergency
Section 15 S&S:
Entry and Search for EM
RGS - an offence punishable by 14 years or more imprisonment has, is or is about to be committed AND
RGB - EM relating to offence is in a place AND
If entry is delayed EM will be CADD
Section 16 S&S Searching people in PP for EM
RGB person in a PP is in possession of EM relating to an offence punishable by 14 years or more imprisonment
Section 17 S&S Entry and Search of vehicle for EM
Must be in public place
RGB - EM relating to offence punishable by 14 years or more imprisonment is in or on vehicle
Section 27 S&S:
Search of person in PP for offensive weapon
RGS - person is in possession of offensive weapon
Section 28 S&S:
RGS - person is committing an offence against 202 CA (offensive weapon) AND
RGS - offensive weapon is in vehicle
Section 29 Searching vehicle for stolen property:
RGB - stolen property is in or on vehicle
*Only in PP
Section 83 Entry and Search of place after arrest:
Have arrested someone for offence and
RGB
- EM relating to offence is at place AND
- EM will be CADD
May enter and search
Section 84 Entry and Search of vehicle after arrest:
Have arrested someone for offence
RGB
- EM relating to offence in which they were arrested is in vehicle
- if delay EM will be CADD
What paperwork must you provide to occupier when executing a warrantless search?
- POL 1275
- Inventory of items seized
What are the exemptions to rules regarding consent searches?
- Condition of entry to public property or private place (Sporting event)
- Search conducted under a power
- Entry to property under implied licence
What purposes can you ask a person to consent to search?
- Prevent the commission of an offence
- Protect life or property
- Prevent injury or harm
- Investigate whether an offence has been committed
- Any purpose in respect of which you could exercise a power of search if you held RGB or RGS
What advice must you give under Section 93 before completing a consent search?
- The reason for the search AND
- That they may consent or refuse to consent
- The reason must be listed in Section 92
Who cannot consent to a search?
A person under 14 years cannot consent to a search of place, vehicle or thing. They CAN consent to a search of themselves or something in their immediate control (bag)
*Unless they are the driver of a vehicle and there is no-one else who can give authority in the vehicle
What must you do if you call on a person to assist in a search under Section 113?
- Accompany them when they first enter the place, vehicle or thing
- Provide reasonable supervision
Explain what powers Section 117 gives in regards to securing a scene:
If a SW is about to or has been made but not yet granted or refused:
-Enter and Search
- Secure any item found
- Direct any person to assist
RGB - EM will be CADD or removed
How long do you have to exercise powers under Section 117?
Until first of the following occurs:
- 6 hours from when power is exercised
- SW is available for execution
- SW is refused
Explain powers of detention under Section 118 when executing search of place or vehicle:
Detain anyone found in vehicle or place to determine connection
Includes people who arrive, enter or try to enter
Explain powers to search persons at a place or vehicle under Section 119:
If searching place or vehicle:
Can search any person found at, arrives, stops, enters or tries to enter
RGB - EM is on the person
RGS - person is in possession of dangerous item
*exception to the above is if search is for drugs
