Search and Surveillance Flashcards
What is Section 6?
obtain a search warrant for a place, vehicle or thing if RGTS an imprisonable offence has been committed and RGTB EM relating to offending will be found
What is Section 7?
Enter and search a place or vehicle to arrest a person if RGTS they are unlawfully at large and RGTB they are there
What is Section 8?
Enter and search a place to arrest a suspect who has committed an imprisonable offence, if RGTB the person is there and RGTB the person will leave to avoid arrest and/or EM relating will be CADD
What is section 83?
Enter and search a place without warrant after arrest if RGTB EM will be CADD if delay
What is section 84?
Enter and search a vehicle without a warrant after arrest if RGTB EM will be CADD if delay
What is section 88?
to search a person after arrest for anything that may harm any person, facilitate their escape or EM relating to arrested offence
What is section 9?
stop vehicle without warrant to arrest person if RGTB person is there and RGTS they are unlawfully at large or have committed an imprisonable offence
What is section 10?
After vehicle is stopped under section 9, search vehicle to locate person. If person is arrested for seen fleeing from vehicle, then can search for EM
What is section 121?
Stop vehicle for purpose of authorized search warrant (2) or RGTB for a warrantless search (1)
What is section 27?
search person in public if RGTS they have committed an offence against 202A(4)(a) and in possession of a knife, offensive weapon or disabling substance
What is section 28?
search a vehicle if RGTS a person has committed an offence against 202A(4)(a) and is in possession of a knife, offensive weapon or disabling substance
What is section 29?
search a vehicle if RGTB stolen property in vehicle
What is section 14?
enter and search place or vehicle, take any action necessary, risk of life or serious risk to property
What is section 15?
Enter place and search RGTS 14+ offence committed and RGTB EM is present, fearing CADD
What is section 16?
search person in public place, RGTS 14+ offence and RGTB EM present
What is section 17?
Enter and search vehicle RGTB 14+ offence and RGTB EM present and CADD if delay
What is section 117?
if RGTB CADD and warrant is being made or about to be made, can enter and secure place, vehicle and items
Name the three reasons why s117 expires?
6 hours passed
Warrant executed
warrant declined
What is section 18?
enter and search vehicle, person or place, for firearms, RGTS has/is/will breach of arms act, FV act or unable of proper control
What is section 20?
if warrant not suitable and fear CADD if delayed, enter place or vehicle to search for drugs, RGTS MODA offence is/has/will, RGTB EM present
What is section 21?
search persons located in vehicle and place regarding section 20
What is section 22?
search person if RGTS MODA offence, RGTB EM present and CADD if delay to get a warrant
What is the overriding principle when considering a warrantless search?
Can I get a search warrant
Regarding section 17, does it apply if the vehicle is on private property?
No only public place, would use section 15 instead as it covers vehicles in a place also.
