Search And Surveillance 2012 Flashcards
Section 14 - Emergency entry powers
RGTB an offence is being or is about to be committed, that would likely cause injury to any person, or serious damage to, or serious loss of any property OR there is a risk to the life or safety of any person that requires an emergency response.
Section 7 - Enter and search to arrest
Allows you to enter a place or vehicle to search for and arrest a person if you have RGTB that person is unlawfully at large and RGTB the person is in the place or vehicle.
To be unlawfully at large means a person who?
- Has an arrest warrant in force (including fines warrant)
- Has escaped from prison or is absent without leave; or
- Has escaped from lawful custody, or
- Is a special or restricted patient and has escaped or failed to return from leave
- Is a special care recipient and has escaped or failed to return from leave, or
- Is a young person who is the subject of a youth court custody order and is absconding from CYF custody
Section 8 - Enter and search to arrest
Allows you to enter a place or vehicle to search for and arrest a person without a warrant if you have RGTS that person has committed an offence punishable by imprisonment and for which they may be arrested without a warrant
AND
RGTB that the person is there
AND
RGTB that if you do not enter immediately, the person will leave to avoid arrest or evidential material will be CADD.
Section 131 - Obligations before or upon entry
- Identify yourself by name or QID
- Announce intention to enter and search under a statutory power
- Produce evidence of identity, if not in uniform
Section 85 - Rub down search of arrested or detained person
You can use a rub down search to search for anything that can be used to harm any person or facilitate their escape
Section 88 - Warrantless search of arrested person or detained person
You must have RGTB before you can use any reasonable search technique to search for evidential material related to the offence they have been arrested for, also anything that may be used to harm any person or facilitate their escape.
Section 11 - Custody searches
Allows you to search a person who has been taken into lawful custody and is locked up.
What is the purpose of Section 11?
To remove (for safekeeping) the money or property of a person in custody and to remove items that might be used to harm themselves or others.
Section 125 - Obligations upon search of persons
- Identify yourself by name of QID
- Advise the person of the enactment under which the search is taking place
- Advise of the reason of the search, unless it is impracticable to do so
- Produce evidence of identity if not in uniform
Section 13 - Property taken from persons in custody
A person released from custody and placed in another persons custody, their property must be delivered o the person or facility who is taking over custody, if practicable.
Section 83 - Warrantless entry and search of a place after arrest
If you have arrested a person for an offence and have RGTB that evidential material relating to the offence is at a
PLACE
and will be CADD if entry is delayed to obtain a warrant. You may enter that PLACE to search for the evidential material.
Section 84 - Warrantless entry and search of a vehicle after arrest
If you have arrested a person for an offence and have RGTB that evidential material relating to the offence is at a
VEHICLE
and will be CADD if entry is delayed to obtain a warrant. You may enter that VEHICLE to search for the evidential material.
Offences punishable by imprisonment of 14 years or more include?
- Aggravated robbery
- Wounding with intent
- Arson
- Drug dealing (class A)
- Sexual violation
- Murder
Section 15 - Entry and search of places
If you have RGTS an offence +14 years or more has been, is being or is about to be committed
AND
You have RGTB that evidential material in relation to that +14 offence is in that place
AND if entry is delayed to obtain a search warrant, the evidential material will be CADD
Then you may enter and search that place without a warrant