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CPK April 2023 - Sergeants > Search And Surveillance > Flashcards

Search And Surveillance Flashcards

1
Q

What is definition of evidential material?

A

Evidence of the offence or any item tangible or intangible of relevance to the investigation

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2
Q

Reasonable grounds to believe means what?

A

Sound basis for believing that circumstances actually exist

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3
Q

Reasonable grounds to suspect means what?

A

Sound basis for suspecting that circumstances actually exist

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4
Q

What does unlawfully at large mean?

A

Has an arrest warrant in force
Escaped from prison or is absent without leave
Escaped from police custody
Special or restricted patient who not returned from leave or escaped
Care or special care patient who has escaped or failed to return from leave
Young person who is absconding from OT

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5
Q

What should you record in relation to making decisions to search places vehicles and other things?

A

Your reasonable grounds to suspect/ believe that were known at the time the power was used?

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6
Q

What does R v Jefferries say about ensuring searches are reasonable?

A

Lawfulness is not inevitably determinative of reasonableness, or unlawfulness of unreasonableness.

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7
Q

Is a person breaching bail unlawfully at large?

A

No

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8
Q

In relation to section 8 of the s&s Act you may enter a place, vehicle and search for and arrest the person who you suspect committed an offence, what reasonable grounds to you have to have?

A

Suspect person has committed offence punishable by imprisonment for which they may be arrested without warrant
Believe person is in that place, vehicle
Believe if entry is not effected immediately the following will occur
- person will leave to avoid arrest
- evidential material will be destroyed, concealed, damaged or altered

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9
Q

What may you not search for when entering place or vehicle to search for and arrest a person who has committed an offence.

A

Evidential material - unless you locate and arrest the person.

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10
Q

What circumstances must exist for police to enter and take action to any place vehicle, in an ‘emergency powers’ situation?

A

Suspect an offence is or is about to be committed where it’s likely injury to any person, serious loss or damage to property or risk of life or safety

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11
Q

When can you search someone in a public place for evidential material? Section 15 s&s Act?

A

If you believe The offence is punishable by 14 years or more

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12
Q

When can you search vehicle in a public place for evidential material? Section 15 s&s Act? (Without warrant)

A

When you believe the offence is punishable by 14 years or more

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13
Q

Section 18 of the S&S Act allows for searches of arms in places and vehicles, what do you have to have reasonable grounds to suspect?

A

A category 3 or 4 offence against the arms act has been, is being or is about to be committed
OR
There is evidential material in relation to a category 3 or 4 offence against the arms act

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14
Q

What reasonable grounds to suspect do you need to search a vehicle without warrant under section 28 for offensive weapons?

A

Suspect that a person travelling in or alighting from is committing an offence in a public place against section 202A(4)(a) of crimes act
AND
You suspect that the vehicle contains a knife offensive weapon or disabling substance

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15
Q

What is the definition of a disabling substance?

A

Any anaesthetising or other substance produced to use for disabling a person or for intended for such use by the person who has it with them.

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16
Q

What is the definition of an offensive weapon?

A

Any article made or altered to use for causing bodily injury or intended for such use by the person who has it with them

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17
Q

Under section 92 consent to search (person,vehicle, place) for what purposes would you conduct it?

A

Prevent commission of offence
Protect life, 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 under an enactment if you held the particular belief or suspicion required to search

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18
Q

Before conducting a search by consent what must you do?

A

Determine that it is for one of the purposes allowed
Advise the person from whom consent is sought
- reason for the search
- that they may consent or refuse to consent to the search

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19
Q

R v Wilkie - consensual searches

A

Must advise person they can refuse to consent

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20
Q

Can person withdraw their consent to search ?

A

Yes - and police must stop the search immediately unless a warrant less search power can be invoked

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21
Q

Can a person under 14 consent to a search of themselves a place or a vehicle?

A

Only themselves unless, and if they are the driver of a vehicle with no passenger 14 or over.

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22
Q

What manner should you carry out a consent search ?

A

In the same manner as if you were invoking a power

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23
Q

If using an assistant to exercise a search power what must you ensure?

A

You accompany them t when they first enter the place, thing to be searched
AND
Provide reasonable supervision of them

24
Q

What are your powers under section 117 S&S Act 2012 in regard to securing a scene?

A

If you believe that evidential material may be destroyed, altered, disposed of concealed or removed before warrant is issued you may
- enter and secure the place, vehicle thing
- secure any item
- direct any person to assist with entry and securing

25
Q

You can only excercise the powers under section 117 (securing a scene) until what happens?

A

6 hours passes
A warrant is available for execution
Warrant application is refused

26
Q

Under section 119 of the S&S Act 2012 (powers to search person at place or vehicle when you have a warrant) what is the exception?

A

When the search is for drugs you can search any person at the scene as a matter of course.

27
Q

When must you return to a person an item that you have seized an that poses a threat to safety during a search?

A

Once search is completed
When you are satisfied there is no longer any threat to safety

28
Q

If you intend to search a person or vehicle but the person or vehicle leaves before you start or complete the search what does section 120 allow you to do?

A

Apprehend the person or enter any place to apprehend the person or vehicle
IF YOU HAVE
Been freshly pursuing the person from the intended search location until apprehended AND you have reasonable grounds to believe there is evidential material on the person or in the vehicle

29
Q

If you have a warrant to enter and search a vehicle can you enter a property to do that?

A

Yes if you have reasonable grounds to believe it is at the place

30
Q

When do you NOT have to announce you’ entry, ID and reason for a search?

A

No one is lawfully present
OR
Compliance would
- endanger safety
- prejudice the success of the search
- prejudice ongoing investigations

31
Q

When deciding whether to use force to enter a property what possibilities should you consider?

A

Danger to police
occupants, children or other vulnerable people
Members of public

32
Q

How should you announced an entry before using force?

A

Announce your presence, ID yourself, state why you are there and what authority.

33
Q

What would occur before you force entry?

A

Occupants refuse or unnecessarily delay your admission

34
Q

What are some examples of situations where you would NOT announce a forced entry?

A

Saving a person from death or injury
Giving a Warner might endanger the police
Prevent destruction of evidence
Are in hot pursuit of offender

35
Q

Any person who is found at, arrives at, stops at, enters or tries to enter the place or vehicle can be searched if you have reasonable grounds to believe what?

A
  • evidential material that relates to the search is on the person
    OR
    The person has anything in their possession that is a threat, or is dangerous and immediate action is necessary
36
Q

If you are not certain something can lawfully be seized can you seize the item in order to examine it to determine this?

A

Yes but this power is limited to items where you are not sure if it is the actual item you are looking for. Otherwise you need to get another warrant or invoke another power to search- plain view siezure

37
Q

When searches result in items seized how long do you have to provide to occupier or person in charge of the vehicle, place, thing,
an inventory of items seized AND
notice to owners and others in relation to things seized AND
Copy of authority (warrant) if they were different to the occupier (person who received it at the time)

A

As soon as practicable and No later than 7 days after the seizure

38
Q

If you have reason to believe a person is the owner of something in addition to providing the occupier with notice of the seizure, you must also provide to the owner what?

A

Written notice specifying what was seized and their rights etc
AND
A copy of the warrant/ notice of warrant less search

39
Q

Can you move a vehicle to another location for the purpose of a search or for safe keeping?

A

Yes - if you have
Lawful authority to search the vehicle but it is impractical to do it at that place
OR
Reasonable grounds to believe it is necessary to move it for safekeeping

40
Q

What are your powers after stopping a vehicle under section 9 of S&S Act2012? (stopping vehicle to effect arrest)

A

Require the person (unlawfully at large or committed an offence) in the vehicle to provide name, address, other contact details and DOB
Search the vehicle to locate the person
Search vehicle for evidential material in relation to the offence if person is arrested or flees.

41
Q

What are your duties when stopping a vehicle for purpose of arresting person unlawfully at large or has committed an offence?

A

Advise driver of reason for stop and search before searching if they are not the person being searched for

42
Q

What is the procedure for stopping a vehicle in relation to traffic patrol techniques and police policy?

A

You must be wearing uniform distinctive cap, hat or helmet with badge of authority on the headgear
OR be following immediately behind the vehicle and displaying red and blue flashing lights or just blue lights and or sounding a siren.

43
Q

When can you establish a road block?

A

Senior constable acting in role of acting sergeant or above, and you have reasonable grounds to suspect
That there is a person in a vehicle who has commtitted an offence punishable by prison or is unlawfully at large
AND
Suspect the vehicle will travel past the place where it is proposed the roadblock be established
And you must be satisfied public will be safe

44
Q

How long can a road block be authorised ?

A

Not exceeding 24 hours - after that you have to get authorisation from a judge in writing for periods of no more than a further 24 hours

45
Q

If you authorise a road block what must you keep a written record of?

A

The Location
AND
The period for and grounds on which authorisation was granted or renewed.

46
Q

What do you have the authority to do when a road block has been authorised?

A

Establish the roadblock at the place specified
Stop vehicles at or in vicinity of the road block
Require particulars (name, address, DOB) of any persons (who you suspect are the person you are looking for)
Search vehicle if believe they are in it

Can also require vehicle to remain stopped to exercise the above

47
Q

What are the three types of searches of people?

A

Rub down
Strip search
internal search

48
Q

When can you search a person in a public place for evidential material with out a warrant?

A

If the offence has a punishment of 14 years or more

49
Q

What circumstances must exist in order to search a person under section 18 (possession of arms)

A

Suspect person is carrying, has possession or control of arms AND
Is in breach of the Arms Act OR
By physical or mental condition is incapable of having proper control OR
May kill or cause bodily injury to any person OR
Has a protection order against them OR
there are grounds for a PO

50
Q

What does locked up mean?

A

Taken into lawful custody and being Placed behind a closed or locked door that prevents them from leaving.

51
Q

When can a person be searched after being locked up?

A
  • If they were not searched prior to being locked up
  • Since being locked up have been in close proximity to a person a person not locked up (not police staff) or another person eligible to be searched after being locked up but was not OR
  • There are reasonable grounds to believe the person is in possession of anything that may be used to harm themselves or others
52
Q

What search power can be used on every person who is arrested or detained?

A

Section 85 Rubdown to ensure person is not carrying anything that can be used to harm any person (including themselves) OR
Facilitate the persons escape

53
Q

Searches for external bodily samples must be approved by what rank?

A

Sergeant or above

54
Q

R v Williams lawful and reasonable searches are distinct

A

Searches that are lawful may nevertheless be unreasonable taking into account the manner, time and place of the search

55
Q

What are your obligations when exercising a power to search a person ?

A

You must:
ID self and if not in uniform produce ID
State name of the act and reason for search
Provide person with an inventory of any items seized

56
Q

What is a rub down search?

A

Clothed person
Rub or pat down their body on inside or outside of clothing (not under clothing)
Can insert hands into pockets/pouches
Can require person to open mouth, display hands, feet and lift or rub hair.
Can look in mouth nose, ears but nothing can be inserted there.

CPK April 2023 - Sergeants (22 decks)

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