Search and Surveillance 2012 Flashcards

1
Q

Section 83

A

Enter and search any PLACE without a warrant after arrest to search for evidential material relating to the offence, if you believe the evidential material may be CADD

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2
Q

Section 84

A

Enter and search any VEHICLE after arrest to search for evidential material relating to the offence

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3
Q

Section 15

A

RGTS an offence punishable by 14 or more years imprisonment is/has/is going to happen, you may enter and search that PLACE for evidential material that am be CADD.

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4
Q

Section 16

A

RGTS to suspect and offence punishable by 14 or more years imprisonment is/has/is going to happen, you may search that PERSON for evidential material.

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5
Q

Section 17

A

RGTS to suspect an offence punishable by 14 or more years imprisonment is/has/is going to be committed then you ms enter and search that VEHICLE for evidential material.

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6
Q

Section 125

A

Requirements when searching a PERSON
Reason for search
Act which allows the search
Name of person searching

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7
Q

Section 131

A
Requirements when searching a PLACE, VEHICLE or OTHER THING
Reason for the search
Act which allows the search
Intent to enter and search
Name of person searching
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8
Q

Section 131(3)

A

May use force to enter and search any PLACE, VEHICLE or OTHER THING if you are not let in, in a reasonable amount of time by someone present or they refuse.

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9
Q

Section 110

A

May use force to carry out search and seize anything that may be lawfully seized and is subject of the search.

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10
Q

Section 11

A

May rubdown search anyone in custody and take property or money found.

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11
Q

Section 13

A

Anything taken under Section 11 must be returned if it is not needed as evidential material and giving it back won’t constitute an offence.

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12
Q

Section 85

A

May search anyone in custody for anything that may aid in their escape or may harm someone.

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13
Q

Section 88

A

May search someone in custody for evidential material

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14
Q

Section 7

A

May enter and search any place. Vehicle or other thing if you suspect someone may be n,awfully at large inside.

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15
Q

Section 8

A

May enter and search any place, vehicle or other thing if you suspect you may lose an offender or evidential material may be CADD.

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16
Q

Section 14

A

May enter and search and place, vehicle or other thing if you suspect there are offences happening inside or there is risk to life or safety requiring emergency response.

17
Q

Section 27

A

Reasonable grinds to suspect possession of an offensive weapon in a public place.

18
Q

Section 28

A

Reasonable grounds to suspect there is an offensive weapon in a vehicle or on a person in the vehicle. You may stop and search without a warrant.

19
Q

Section 20

A

Believe that controlled drugs or precursor to drugs are in a place or vehicle. May enter and search without a warrant.

20
Q

Section 21

A

When conducting a section 20 search you may also search anybody in or on the vehicle.

21
Q

Section 22

A

May search someone for controlled drugs or precursor if you have reasonable means to suspect that they have them on them.

22
Q

Section 18

A

Can search and seize reasonable grounds to suspect possession of an arm
In breach of Arms act 1983
Physical or mental condition not sufficient to have proper control of arm.
Grounds to make application for a protection order.
Protection order or Police safety order in place

23
Q

Section 116

A

Secure any place vehicle or other thing for purpose of search.
Exclude any person.

24
Q

Section 118

A

Detain anyone for the purposes of the search and determine wether they are subject of the search. Can use force and detain for as long as reasonably necessary for search.

25
Q

Section 119

A

Can search a person found in a place or vehicle for dangerous items or evidential material if you are exercising a search power.

26
Q

Section 29

A

Can search a vehicle for stolen property

27
Q

Section 9

A

Can stop and search search a vehicle if you believe someone is unlawfully at large inside.

28
Q

Section 10

A

Applies to section 9. Can demand details from anyone you suspect is unlawfully at large or has committed an offence punishable by imprisonment. AND can search for person unlawfully at large or evidential material.

29
Q

Section 121

A

Can stop a vehicle if you have a search power.

30
Q

Section 128

A

Vehicle has to remain stopped for purpose of search

31
Q

Section 129

A

RAIN stopped vehicle

32
Q

Section 122

A

Move a vehicle if its impracticable to search it where it is.