Search And Surveillance

Question 1

S125 obligations and powers when searching people

Answer 1

Obligations
Name
Intention to search
Act
Reason for search

Powers
Detain -as long as necessary to search
Use reasonable force
Search - any item the person is wearing or carrying
Seize

Question 2

S85

Answer 2

Rub down of arrested/detained persons

To ensure that person isn’t carrying anything that may harm them or facilitate escape

Question 3

86 & 87

As part of a run down search can you

1. Get someone to remove a cardigan?
2. Get someone to remove a tshirt? ( nothing underneath)
3. Get someone to remove socks?
4. Search someone’s bag on there person?
5. Search someone’s bag that they have left in the vehicle?
6. Look in someone’s mouth?
7. Use a mirror and put in someone’s mouth to check not concealing anything in there cheeks?

Answer 3

1. yes
2. No
3. Yes
4. Yes
5. No
6. Yes
7. No

Question 4

S88

Answer 4

Search of arrested/ detained persons for evidential material

You may search

Pursuant to arrest/detention

If you have RGTB person carrying anything

That is evidential material relating to offence arrested for

Or harm any person/facilitate escape

Question 5

S11

Answer 5

Custody search

You may search any person who has been taken into lawful custody and is to be locked up

Question 6

S13 property taken from people locked up