Search and Surveillance Flashcards
What may you do when searching someone under section 125?
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
What must you tell the suspect in section 125
RAN
Reason for search
Act that gives you the power
Name or qid
What must you say when searching a place, vehicle or other things under section 131?
RAIN
Reason for search
Act that gives you power to search
Intent to enter and search must be announced
Name or qid
Explain section 110
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.
Explain section 169
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.
Explain section 83
After an arrest has been made an arresting officer may enter a place to search for evidential material if they believe CADD will occur
Explain section 84
After an arrest has been made an arresting officer may enter a vehicle which is in a public place to search for evidential material
Explain section 15
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
Explain section 16
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
Explain section 17
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
Explain section 14
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
Explain section 7
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.
Explain section 8
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
Explain section 85
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
Explain section 88
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