Search and Surveillance

Question 1

General Principles applying to searches

Answer 1

Reasonable and Lawful

Question 2

Section 7 S&S:

Answer 2

Entry (vehicle or place) to arrest person unlawfully at large

RGS - person is unlawfully at large
RGB - the person is there

Question 3

What does unlawfully at large mean?

Answer 3

• 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

Question 4

Section 8 S&S:

Answer 4

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

Question 5

What does Section 8 give you powers to search for?

Answer 5

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

Question 6

Section 14 S&S:

Answer 6

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

Question 7

Section 15 S&S:

Answer 7

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

Question 8

Section 16 S&S Searching people in PP for EM

Answer 8

RGB person in a PP is in possession of EM relating to an offence punishable by 14 years or more imprisonment

Question 9

Section 17 S&S Entry and Search of vehicle for EM

Answer 9

Must be in public place

RGB - EM relating to offence punishable by 14 years or more imprisonment is in or on vehicle

Question 10

Section 27 S&S:

Answer 10

Search of person in PP for offensive weapon

RGS - person is in possession of offensive weapon

Question 11

Section 28 S&S:

Answer 11

RGS - person is committing an offence against 202 CA (offensive weapon) AND

RGS - offensive weapon is in vehicle

Question 12

Section 29 Searching vehicle for stolen property:

Answer 12

RGB - stolen property is in or on vehicle

*Only in PP

Question 13

Section 83 Entry and Search of place after arrest:

Answer 13

Have arrested someone for offence and

RGB
- EM relating to offence is at place AND
- EM will be CADD

May enter and search

Question 14

Section 84 Entry and Search of vehicle after arrest:

Answer 14

Have arrested someone for offence

RGB

• EM relating to offence in which they were arrested is in vehicle
• if delay EM will be CADD

Question 15

What paperwork must you provide to occupier when executing a warrantless search?

Answer 15

• POL 1275
• Inventory of items seized

Question 16

What are the exemptions to rules regarding consent searches?

Answer 16

• Condition of entry to public property or private place (Sporting event)
• Search conducted under a power
• Entry to property under implied licence

Question 17

What purposes can you ask a person to consent to search?

Answer 17

• 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

Question 18

What advice must you give under Section 93 before completing a consent search?

Answer 18

• The reason for the search AND
• That they may consent or refuse to consent
• The reason must be listed in Section 92

Question 19

Who cannot consent to a search?

Answer 19

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

Question 20

What must you do if you call on a person to assist in a search under Section 113?

Answer 20

• Accompany them when they first enter the place, vehicle or thing
• Provide reasonable supervision

Question 21

Explain what powers Section 117 gives in regards to securing a scene:

Answer 21

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

Question 22

How long do you have to exercise powers under Section 117?

Answer 22

Until first of the following occurs:

• 6 hours from when power is exercised
• SW is available for execution
• SW is refused

Question 23

Explain powers of detention under Section 118 when executing search of place or vehicle:

Answer 23

Detain anyone found in vehicle or place to determine connection

Includes people who arrive, enter or try to enter

Question 24

Explain powers to search persons at a place or vehicle under Section 119:

Answer 24

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

Question 25

Section 120 - Powers to search when suspect pursued

Answer 25

If you had intent to search a person or vehicle and that person or vehicle fails to remain

May:
- Apprehend or
- Enter any place to apprehend

Freshly pursued the person AND
RGB that EM is still on person

Question 26

Section 116 - Securing the scene to be searched

Answer 26

• May secure the place, vehicle or other thing
• Exclude any person

*If requested ID yourself and state enactment

Question 27

What powers do you have to stop or move vehicles for purpose of a search?

Answer 27

If grounds exist to search:

• Section 121 Stopping vehicles
• Section 122 Moving vehicles

Question 28

Section 9 S&S:

Answer 28

May stop a vehicle
RGS person is unlawfully at large
RGB in the vehicle

Question 29

When can a road block be authorised and by who?

Answer 29

Sergeant/Acting or above

RGB - person is in vehicle
RGS - has committed offence punishable by prison or is unlawfully at large
RGS - the vehicle will travel past the place where roadblock is

Question 30

How long can a roadblock be enforced for and who can renew it?

Answer 30

Period not exceeding 24 hours

Can only be renewed by District Court Judge for another 24 hours

Question 31

What is a Section 11 search and its primary purpose?

Answer 31

Search of person in police custody

Primary purpose is to protect persons property and remove items that they could use to harm themselves or others

Question 32

When can you do an additional search in Police custody?

Answer 32

• They were not searched before being locked up
• Have been in proximity of someone who wasn’t searched
• RGB they are in possession of anything they may use for harm

Question 33

What is a Section 85 search?

Answer 33

Rub down search of arrested or detained people

Search of anything they may use to:
- Harm themselves or others
- Facilitate their escape

Question 34

What is a Section 88 search?

Answer 34

Warrantless search of arrested or detained person for EM
RGB in possession of anything that:

• may be used to harm
• facilitate escape
• has EM relating to offence for which they were arrested or detained

Question 35

Examples of when external bodily samples may be seized and what must be ensured when taking them?

Answer 35

• Swab to remove victims blood on arrested person
• Fingernail scrapings from rape offender
• Swab for gunshot residue
• Penile swab

Lawful, reasonable and approved by Sergeant or above

Question 36

What are Police obligations under Section 125?

Answer 36

RAIN

Reason, Act, Intent, Name