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DDC 2024 > Search And Surveillance > Flashcards

Search And Surveillance Flashcards

1
Q

Curtilage

A

Land immediately surrounding a house. Excluded open fields. Boundary of reasonable expectation of privacy

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2
Q

3 types of surveillance device

A

Interception device
Tracking device
Visual surveillance device

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3
Q

R v Laugalis

A

Warrant preference approach. Best practice for powers of search and entry to be exercised pursuant to a warrant.

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4
Q

Section 7

A

Entry without warrant to arrest person unlawfully at large

Suspect person is unlawfully at large
Believe the person is in/on the place vehicle

POWERS
enter place or vehicle without warrant
Search place/vehicle for person for the purpose of arresting them

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5
Q

Section 8

A

Entry without warrant to avoid loss of offender or EM

RTS person has committed offence punishable by imprisonment

RTB person is in place or vehicle and if entry not immediate person will leave or EM will be CADD

POWERS
Enter place/vehicle
Search place/vehicle for purpose of k9

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6
Q

Section 9

A

Stopping a vehicle to find persons unlawfully at large or who have committed imprisonablemoffence

RTS person is unlawfully at large or committed an offence punishable by imprisonment

RTB person in vehicle

POWERS stop vehicle for purpose of K9

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7
Q

Section 10

A

Powers and duties of Constable after vehicle has stopped

RGTS person is unlawfully at large OR has committed imprisonable offence

RGTB person is in vehicle

POWERS
demand details
Search vehicle for person
Search vehicle for EM if person flees before k9

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8
Q

Section 15

A

Entry without warrant to find and avoid loss of EM relating to 14 year offences

RGTS
14 year offence has/is/about to be committed

RGTB
EM is in that place
CADD if delayed

POWERS
Enter a place without warrant
Search place

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9
Q

Section 16

A

Searching people in public place without warrant for EM relating to 14 year offence

RGTB person is possession of EM for 14 year offence

POWERS
Search a person without warrant in public place

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10
Q

Section 17

A

Warrantless entry and search of vehicle for EM relating to 14 year offences

RGTB EM for 14 year offence is in vehicle

POWERS
Enter vehicle in public place without warrant
Search the vehicle

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11
Q

Section 18(1) and (2)

A

Warrantless search relating to arms

Carrying or in possession of or has them under his control
AND
Is in breach of the arms act or incapable of having proper control

POWERS
Search person or anything in their possession (inc vehicle)
Enter place or vehicle to search
Seize and detain any arms found and any arms licence

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12
Q

Section 18(3)

A

RGTS
Arms in place of vehicle
Offence committed against arms act of category 3/4 offence
EM relating to above offences

POWERS
Enter and search place or vehicle
Seized any arms or licence under Arms Act
Detains arms or licence

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13
Q

Section 20

A

Warrantless search of places and vehicles in relation to drugs

RGTS in place/vehicle an offence against the misuse of drugs act has/is/about to be committed

RGTB impractical to obtain a warrant
In place/vehicle there are controlled drugs
CADD will occur

POWERS
enter and search vehicle or place

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14
Q

Section 21

A

Warrantless search of people found in places or vehicles

Related to MODA

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15
Q

Section 22

A

Warrantless search for drugs if offences suspected under MODA

RGTS offence against MODA has/is/about to be committed

RGTB person is possession of controlled drug

Powers search person

PUBLIC PLACE

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16
Q

Section 27

A

Search people in public places without warrant (offensive weapons)

RGTS person possession of knives, offensive weapons, disabling substances

POWERS
search person

17
Q

Section 28

A

Stopping and searching vehicles without warrant (offensive weapons)

RGTS person travelling/fled to vehicle is in possession of offensive weapon, knives, disabling substances
Vehicle contains offensive weapon, knives, disabling substances

POWER
Search vehicle

18
Q

Section 83

A

Entry without warrant after arrest

RGTB EM at address
Will be CADD if delayed

POWERS
enter place
Search place for EM (whether arrested there or not)

19
Q

Section 84

A

Warrantless entry and search of vehicle after arrest

RGTB EM relating to offence that was arrested for in vehicle

POWERS
Enter vehicle
Search vehicle

PUBLIC PLACE

20
Q

Section 112

A

Items of uncertain status

Must be exercising search power

Uncertain if item may be lawfully seized, not practical to determine at scene

Remove item for purpose of examination to determine if can be lawfully seized

21
Q

Section 117

A

Special powers when application for SW pending (holding address)

RGTB CADD

POWERS
enter and secure place, vehicle, thing
Secure any items found
Direct a person to assist with enter and securing of place

22
Q

How long are powers permitted under 117

A

6 hours
SW is available for execution
Application is refused

23
Q

Section 121

A

Stopping vehicles with or without warrant for search

Grounds to search vehicle just exist or SW has been issued

POWERS
Stop vehicle to conduct search

24
Q

Section 122

A

Moving vehicles for purpose of search or safe keeping

25
Q

Section 123

A

Seizure of items in plain view

Must be:
Exercising search power OR lawfully in any place or building OR conducting a lawful search of a person

RGTB
Seize item under sw or any other search power

POWER
Seize item

26
Q

Section 45

A

Restrictions on some trespass surveillance and use of interception device

MUST BE
Obtaining EM relating to 7 year offence
Or against arms act

POWERS
Undertake trespass surveillance
Use interception device

27
Q

Section 46(E)

A

Observe private activity without use of surveillance device from public areas
Observe private activity in the curtilage of private premise by means of surveillance device (3 hours in 24 or 8 hours total)

28
Q

How long is period of observation with SDW

A

3 hours in any 24 hour period
8 hours total

29
Q

When do you a SDW (Section 46)

A
  • Intercepting private communications
  • tracking
  • visual observation of private activity on private property and any recording of that observation
  • visual observation of private activity in curtilage of private property
  • visual surveillance that involves a trespass to land or goods

DDC 2024 (8 decks)

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