Search and Surveillance Flashcards

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0
Q

What may you do when searching someone under section 125?

A

Detain them

Search them or any item they have with them

Seize the subject of the search or something that may be lawfully seized

Use reasonable force

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1
Q

What must you tell the suspect in section 125

A

RAN

Reason for search

Act that gives you the power

Name or qid

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2
Q

What must you say when searching a place, vehicle or other things under section 131?

A

RAIN

Reason for search

Act that gives you power to search

Intent to enter and search must be announced

Name or qid

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3
Q

Explain section 110

A

Use reasonable force in respect to any property for the purpose of carrying out the search.

Seize anything that is the subject or anything that may be lawfully seized.

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4
Q

Explain section 169

A

If you exercise a warrant less entry power, search power or surveillance power you must provide a written report as soon as practical after the exercise of power.

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5
Q

Explain section 83

A

After an arrest has been made an arresting officer may enter a place to search for evidential material if they believe CADD will occur

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6
Q

Explain section 84

A

After an arrest has been made an arresting officer may enter a vehicle which is in a public place to search for evidential material

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7
Q

Explain section 15

A

If an offence punishable by 14 or more years has or is about to happen an officer may Enter a place then search and seize evidential material if they believe CADD will occur

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8
Q

Explain section 16

A

If an offence punishable by 14 or more years has or is about to happen an officer may search a person in a public place and then seize evidential material

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9
Q

Explain section 17

A

If an offence punishable by 14 or more years has been, is been or is about to be committed, an officer may enter and search a vehicle in a public place, then seize evidential material

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10
Q

Explain section 14

A

If injury or property damage, enter place or vehicle and take any action

If you have reasonable grounds to suspect an offence that would cause injury to any person or serious damage/loss to any property an officer may enter the place or vehicle without warrant and take any action

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11
Q

Explain section 7

A

If you have reasonable grounds to suspect that a person is unlawfully at large and believe they are inside a place or vehicle, you may enter that place or vehicle without warrant to search for and arrest them.

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12
Q

Explain section 8

A

If you have reasonable grounds to suspect that a person has committed an imprisonable offence which they may be arrested for without warrant and believe they are in a place or vehicle, and you believe that if entry is not immediate the person will leave and/ or evidential material relating to the offence will be CADD, you may enter that place or vehicle without warrant an search and arrest the offender

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13
Q

Explain section 85

A

You may carry a run down search of a person when they are arrested or detained to ensure that the person is not carrying anything that may be used to harm any person, or facilitate the persons escape

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14
Q

Explain section 88

A

You may search a person who is detained or arrested if you have reasonable grounds to believe they are carrying anything that is evidential material relating to the offence for which they were arrested/ detained. or anything that may be used to harm any one or facilitate escape

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15
Q

Explain section 11 and 13

A

When a person is about to be, or is locked up it is okay to use reasonable force where necessary to search a person and take money and property of them for the safety of their property and them.

Section 13 states you must return the property when the person is released from custody

16
Q

Explain section 27

A

If you have reasonable grounds to suspect that a person is in possession of an offensive weapon in a public place you may detain then search the person and seize any weapon

17
Q

Explain section 28

A

If you have reasonable grounds to suspect that a person is in possession of an offensive weapon in a vehicle in a public place you may search the vehicle and seize any weapon

18
Q

Explain section 14

A

If you have reasonable grounds to suspect that in a place or vehicle an offence is, or is about to be committed that would likely cause injury or serious loss/ damage to property, you may enter and take any action