Search And Surveillance 2012

Question 1

Reasonable grounds to BELIEVE vs Reasonable ground to SUSPECT

Answer 1

RGTS

Beyond mere recognition that something is possible to the point that … the proposition in question is regarded as inherently likely

RGTB

There must be the view that the state of affairs in questions actually exist

Question 2

RGTS requires the enforcement officer to ….

Answer 2

Hold a suspicion that a state of affairs is ‘inherently likely’

Question 3

RGTB belief requires …

Answer 3

An element of actuality; the officer must believe that the state of affairs is a matter of fact

Question 4

What is Evidential Material ?

Answer 4

In relations to an offence or a suspect offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence

Question 5

What powers to consider when ‘Enter and Search Effecting Search’ ?

Answer 5

Section 7
Entry without warrant to arrest person unlawfully at large

Section 8
Entry without warrant to avoid loss of offender or evidential material

Section 9
Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences)

Section 10
Power and duties of Constable after vehicle stopped

Question 6

What is the legislation for Section 7, S&S Act 2021 ?

Entry without warrant to arrest person unlawfully at large

Answer 6

A Constable may enter a place or vehicle without warrant to search for and arrest a person if the Constable has RG

• to SUSPECT that a person is U/L at large
• to BELIEVE that the person is there

Question 7

What powers do you have for S7 for S&S Act 2012 ?

Answer 7

Powers:

Enter - the place or vehicle without warrant
Search - the place or vehicle for the person for the purpose of arresting them.

Question 8

What is the legislation for S8 of the S&S Act 2012 ?

Answer 8

1. Constable may
   - Enter a place or vehicle without a warrant AND
   - Search for and arrest a PERSON that the Constable suspect has committed an offence
2. Constable has RGTS
   - Person has committed an offence punishable by imprisonments offence and for which he/she may be arrested w/o warrant AND
   A) Believe the person is there AND
   B) Believe that if entry is not effected immediately, either or both of the following may occur
   * persons will leave there to avoid arrest
   * EM to the offence for which the person is to be K9 is to be CADD

Question 9

What must you suspect for S8 of the S&S Act 2021 ?

Answer 9

A person has committed an offence punishable by imprisonment for which they may be arrested without warrant

Question 10

What must you believe for S8 of the S&S Act 2012 ?

Answer 10

• The person is in OR on the place or vehicle
• If entry is not effected immediately
• The person will leave there to avoid arrest OR
• EM relating to the offence for which the person is to be arrested will be CADD

Question 11

What powers do you have under S8 for S&S Act 2012?

Answer 11

• Enter the place or vehicle

- Search the place or vehicle for the person for the purpose of arresting them

Question 12

Under S46(e) what can you do without a surveillance device ?

Answer 12

• Observe private activity WITHOUT the use of a surveillance device from public areas
• Observe private activity in the curtilage of private premises by means of surveillance device FOR a single investigation OR connected series of investigation FOR a period of observation that does NOT EXCEED
• 3 hours in any 24 hour period
  OR
• 8 hours in total.

Question 13

Under S46 what activities requires a surveillance device ?

Answer 13

• Interception device to intercept a private communication
• Tracking device *except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the instillation of the device does not involve trespass to land or trespass goods
• Observation of private activity IN private premises and any recording of that observation by means of a visual surveillance device
• Use of a surveillance device that involves trespass to land or trespass goods
• Observation of private activity in the curtilage of private premises …… exceed 3 hours in any 24 hour period OR 8 hours in total

Question 14

Under S45 when is a enforcement officer authorise to undertake trespass surveillance ?

Answer 14

In order to obtain EM in relations to an offence -

• Punishable by a term of 7+

OR

• Against section (44,45) (50,51) (54,55) of the AA1983

Question 15

Powers you have under S45?

Answer 15

Undertake - Trespass surveillance

Use - An interception device

Question 16

Under S47(a) a warrant is not required …

S47(b) a warrant is not required ….

Answer 16

When you are lawfully in private premises AND recording what he or she observes or hears there WITHOUT the use of a surveillance device

Conducting an audio recording of a voluntary oral communication between 2 or more person made with CONSENT of at least 1 of them

Question 17

To use power S112 ? What are you doing ?

Answer 17

Exercising a search power

Eg. 4X

Question 18

What is the purpose of S112 ?

Answer 18

When you are uncertain
- whether an item found may be lawfully be seized

AND

• It is not reasonable practicable to determine whether that item can be seized at the place or vehicle where the search takes places

Question 19

What powers do you have under S112 ?

Answer 19

Remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.

Question 20

What circumstances must exist for S117 to be exercised ?

Answer 20

• A search warrant is about to be made OR has been made
  AND
• Has not yet been granted or refused by any issuing officer AND
• the officer is present at the place or vehicle that is or is to be the subject of the application.

Question 21

What RTB needed to exercise S117 ?

Answer 21

EM may be CADD

OR

Removed before a decision is taken to grant or refuse the issue of a search warrant

Question 22

What powers do you have under S117 ?

Answer 22

Enter - The place, vehicle or other thing in respect of which authorisation to enter and search is being sought

Secure - The place, vehicle, or other thing in respect of which authorisation to enter and search is being sought

Secure - Any items or items found at that place or in or on that vehicle or other thing

Direct - A person to assist with the enters and securing of the place or vehicle or other thing or the securing of items in it.

Question 23

When does the power S117 end ?

Answer 23

Remain on the vehicle or place no more than 6 hours from the time the initial time of entry

Warrant is available for execution at that place or vehicle or in respect of that other thing

The application for a SW is refused

Question 24

A person who exercise this power MUST

Answer 24

• ID himself
• State Act and the Reason for the search
• if not in uniform produce evidence of his or her ID

Question 25

What RTS and RTB to exercise section 15 ?

Answer 25

RTS
That an offence outlined punishable by 14+ years has been committed or is being committed or is about to be committed.

RTB
Believe the EM relating to that offence is in that place
&
If entry is delayed in order to obtain a SW the EM will be CADD

Question 26

What powers do you have under S15 ?

Answer 26

Enter - A place without warrant

Search - The place

Question 27

What RTS and RTB to exercise S16 ?

Answer 27

RTB
Person is in possession of EM relating to an offence punishable by imprisonment for a term of 14+ I/O

Question 28

What RTS and RTB to exercise S17 ?

Answer 28

RTB
That EM related to that offence is punishable by I/O for a term of 14+ or more is in or on vehicle

Question 29

What powers do you have under S17 ?

Answer 29

Enter - A vehicle that is in a PP without warrant

Search - The vehicle

Question 30

What powers do you have under S16 ?

Answer 30

Search - a person in a PP without warrant