Search and Surveillance 2012

Question 1

Section 125

Answer 1

**Relates to people**
Obligations you must tell someone being searched. 
Reason
Act
Name 
**Not a search power in itself**

Question 2

Section 169

Answer 2

‘Get it in on time’

Reporting Use of Powers when using a warrantless search power.

Question 3

Section 131

Answer 3

**Relates to place/vehicle/other thing**
Reason 
Act
Intent to enter and search
Name 
If not in uniform produce id card. 
**Not a search power in itself**

Question 4

Section 7

Answer 4

Entry without warrant to arrest person unlawfully at large.

e. g
- Warrant to arrest
- Escapee of institution/secure facility

Does not include breach of bail
Only search where a person could be.
Requires RAIN and 169

Question 5

Section 8

Answer 5

Entry without … to avoid loss of offender or evidential material.

Section 83 flows from this as a secondary power to actually collect the evidence after arrest from a place.
Section 84 ditto but from Vehicle.

Only search where a person could be. Also believe CADD will occur if we don't enter/search now. 
Concealed 
Altered
Damaged 
Destroyed
Obligations: RAIN and 169

Question 6

Section 123

Answer 6

Power to seize evidential material/items in plane view. (after you have gained entry to search for a person).

Question 7

Section 14

Answer 7

‘Go through the door’
Power of Entry to prevent offence or Risk to Life and Property.
Used often with Family Harm

No RAIN or reporting required.

Question 8

Section 112

Answer 8

Items of uncertain status may be seized.
You can remove item to get it analysed to determine if it is something that should be officially seized.
should leave note in place/vehilce that item has been taken

Question 9

Section 11

Section 13

Answer 9

s11= Custody Search - people who are in or are going to be locked up in Police Custody.

s13= All property taken under s11 must be returned when released from custody.
- Unless possession of that is an offence or it is required as evidence in court.

No RAN or 169 required.

Question 10

Section 85

Answer 10

Rub down search of person who is arrested or detained in police custody. Do not require belief that they have something. It’s to safe guard everyone.
Requires RAN but no notification required.

Question 11

Section 88

Answer 11

Must have Belief/Suspicion that there is evidential material on their person or something that could harm/facilitate escape.
Must state that you believe there is something on them.

Question 12

Section 92

Answer 12

Consent Search - not a search power. ie require consent.
To prevent commission of offence/investigate if offence committed/protect life or property/prevent injury or harm.
Must advise they need to consent and that they can revoke that consent at any time.

Question 13

Section 110

Answer 13

Power incidental to search of places and vehicles.
Amongst other things 110 authorises every search power to :
Use Reasonable Force - On property on to search and seize.
Seize - Anything subject to the search or anything else that may be lawfully seized.

Question 14

Section 29

Answer 14

Power to search vehicles for stolen property.

Only in a public place