Search And Surveillance 2012

Question 1

What section outlines the rules you MUST follow when searching a person?

Answer 1

Section 125

Question 2

Section 125: When you exercise a power to search a person you MUST:

Answer 2

a) IDENTIFY yourself by name or unique identifier
b) ADVISE person of the enactment under which the search is taking place and the REASON for the search, unless it is impractical to do so
c) produce EVIDENCE of identity if not in uniform

R eason
A ct
N and

Question 3

Section 125

When you exercise a power to search a person may:

Answer 3

d) detain the person to enable the search to be carried out (for as long as is reasonably necessary
e) use force that is reasonable for the purposes of the search
i) search any item that the person is wearing, carrying or is in the persons physically possession or immediate control
j) seize anything carried by or in their physical possession or immediate control if the thing is the subject of the search or maybe lawfully seized

Question 4

What section is “rub-down search of arrested or detained persons”

Answer 4

Section 85

Question 5

Section 85 - Rub-down search of arrested or detained persons

You MAY carry out a rub-down search of a person when…

Answer 5

The person is arrested
Or
Detained under a statutory power of detention (any enactment)

Question 6

Section 85 - Rub-down search of arrested or detained persons

To ensure that the person is not carrying anything that MAY be used to…

Answer 6

Harm any person
Or
Facilitate the persons escape

Question 7

When performing a rub down search (s85(2)) you may require a person being searched to…

Answer 7

Remove, raise, lower or open clothing.

Except where there is nothing on underneath.

Remove any;
Head covering 
Gloves 
Footwear
Socks 
Stockings

Question 8

What section is Warantless search of arrested or detained persons (for evidential material)

Answer 8

Section 88 Warantless search of arrested or detained persons (for evidential material)

Question 9

Section 88 Warantless search of arrested or detained persons (for evidential material)

You MAY search a person pursuant to arrest or statutory detention IF you have reasonable grounds to BELIEVE the person is carrying anything that….

Answer 9

Is evidential material relating to the offence in respect of which the arrest is made or the person is detained

Or

May be used to harm any person

Or

May be used to facilitate the persons escape

Question 10

What is the section Warrantless searches of people who are, or are to be locked up by police custody?

Answer 10

Section 11 Warrantless searches of people who are, or are to be locked up by police custody

Question 11

When can you conduct a search under section 11 Warrantless searches of people who are, or are to be locked up by police custody?

Answer 11

Anyone who has been locked up or is to be locked up and is:

At a police station
Or
In other premises being used for police purposes
Or
In or about to be placed in a vehicle being used for police purposes

Question 12

Can you conduct a warrantless search on a persons before they are locked up?

Answer 12

Yes under section 11

Question 13

Under what conditions can you search someone after they have been locked up? S11(3)

Answer 13

The person was not searched before they were locked up

You reasonably suspect that they have been close to another person who has not been locked up in police custody

You reasonably suspect that they have be close to another person who has locked up but not searched yet

Reasonable grounds to believe that the person may have anything that may be used to harm themselves or others

Question 14

What section is property taken from people locking up in police custody?

Answer 14

Section 13 property taken from people locking up in police custody

Question 15

What section is “purposes for which consent search may be undertaken”

Answer 15

Section 92 - Purposes for which consent search may be undertaken

Question 16

When may we conduct a consent search? S92

Answer 16

To prevent the commission of the offence
To investigate whether an offence has been committed
To protect life or property
To prevent injury or harm

Question 17

Section 93 advice that must be given before consent search undertaken.

What MUST we do before completing a consent search?

Answer 17

Determine the search is for a purpose authorised under s92
And
Advise the person of the reason for the proposed search
And
Advise the person that they may either consent to be searched or refuse to be searched

Question 18

Section 94 - circumstances where a search is unlawful

When is a search by consent unlawful?

Answer 18

It is not for a purpose set out in s92
Or
You fail to give the required advice as set out in s93
Or
Consent is given by a person who does not have the authority to consent

Question 19

What section regards a person under 14 consent for search?

Answer 19

Section 95 - person under age of 14 are unable to give consent to the search of:

A place 
Or 
A vehicle 
Or 
Other thing