Search And Surveillance 2012 Flashcards

1
Q

What is Section 125 of the Search and Surveillance Act 2012?

A

RAN. Reason, Act, Name. Dignity, privacy, respect and sensitivity. Applies when searching people.

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2
Q

What is Section 85 of the Search and Surveillance Act 2012?

A

Rubdown search for safety post arrest or detained. Ensure they aren’t carrying anything to harm or escape.

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3
Q

What is Section 88 of the Search and Surveillance Act 2012?

A

Warrentless search of arrested or detained persons for evidential material.

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4
Q

What is Section 11 of the Search and Surveillance Act 2012?

A

Custody search in Police station etc. Perpose is to remover personal goods eg. cellphone, belt.

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5
Q

What is Section 13 of the Search and Surveillance Act 2012?

A

Must return goods taken in custody search on release unless they are going support coming an offence. or needed as evidence.

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6
Q

What is Section 169 of the Search and Surveillance Act 2012?

A

When you use a warrentless power of search you must report on it by completing and online notification as soon as practicable. dose not apply to s85, 88, 11, 13, 112, 114, 116, 117, 118, 121, 122, 123, 128.

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7
Q

What is Section 16 of the Search and Surveillance Act 2012?

A

Searching people in a PUBLIC place when there is a believe they are carrying evidence in relation to a 14+ year imprisonment offence.

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8
Q

What is Section 119 of the Search and Surveillance Act 2012?

A

Power to search a person that is found, stops, arrives or attempts to enter a place or vehicle that you are allready searching.

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9
Q

What is Section 92 of the Search and Surveillance Act 2012?

A

You can ask for concent to search someone. You must inform them of their rights under section 93 (advise them they have the right to deny the search).

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10
Q

What is Section 93 of the Search and Surveillance Act 2012?

A

You must advise someone you are preforming a concent search on that they have the right to deny the search.

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11
Q

What is Section 14 of the Search and Surveillance Act 2012?

A

Warrentless entry if you suspect on reasonable grounds you are preventing an offence or responding to risk of life or safety.

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12
Q

What is Section 131 of the Search and Surveillance Act 2012?

A

When you are using a search power in relation to a place / vehicle you must RAIN. Reason, Act, Intention, Name.

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13
Q

What is Section 110 of the Search and Surveillance Act 2012?

A

Powers in relation to searching places and vehicles. enter and search, request asistance, seize, bring / use, copy, take photos, videos, etc.

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14
Q

What is Section 118 of the Search and Surveillance Act 2012?

A

RAIN and DETAIN a person that is found at / arrives or attempts to enter a vehicle / place you are searching.

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15
Q

What is Section 116 of the Search and Surveillance Act 2012?

A

Secure / Exclude. You may secure a place, vehicle or other thing for a reasonable duation required to search. You may exclude a person.

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16
Q

What is Section 117 of the Search and Surveillance Act 2012?

A

Special power where a search warrent is pending to enter and secure a place / vehicle or other thing until the warrent is served. 6 hours max, must believe CADDR.

17
Q

What is Section 117 of the Search and Surveillance Act 2012?

A

Special power where a search warrent is pending to enter and secure a place / vehicle or other thing until the warrent is served. 6 hours max, must believe CADDR.

18
Q

What is Section 123 of the Search and Surveillance Act 2012?

A

Secure items in plain view.

19
Q

What is Section 121 of the Search and Surveillance Act 2012?

A

Power to stop vehicles with or without warrent for purposes of a search.

20
Q

What is Section 122 of the Search and Surveillance Act 2012?

A

If you have lawful authority to search a vehicle you may move it if you believe on reasonable grounds it is nessacery to move that vehicle for safe keeping.

21
Q

What is Section 128 of the Search and Surveillance Act 2012?

A

Require a vehicle and all its occupants to remain stopped for the duration of the search.

22
Q

What is Section 112 of the Search and Surveillance Act 2012?

A

Seizure of items that are of uncertain status eg cocane or washing powder?

23
Q

What is Section 7 of the Search and Surveillance Act 2012?

A

Entry without warrent to arrest someone unlawfully at large.

24
Q

What is Section 8 of the Search and Surveillance Act 2012?

A

Entry without warrent to prevent Concealment, Alteration, Damage or Distruction of evidence (CADD).

25
Q

What is Section 83 of the Search and Surveillance Act 2012?

A

Entry without warrent after arrest if you believe CADD will happen. Limited to arresting officers.

26
Q

What is Section 84 of the Search and Surveillance Act 2012?

A

Warrentless entry and search of a vehicle after arrest. Does not require CADD.

27
Q

What is Section 29 of the Search and Surveillance Act 2012?

A

Power to search a vehicle on reasonable grounds without warrent for stolen property.

28
Q

What is Section 15 of the Search and Surveillance Act 2012?

A

Entry to a place without warrent to avoid loss of evidence for offences that hold a 14+ years imprisonment.

29
Q

What is Section 16 of the Search and Surveillance Act 2012?

A

Search people in a public place with out warrent if you believe they are / have committed a 14+ years imprison able offence.

30
Q

What is Section 17 of the Search and Surveillance Act 2012?

A

Warrentless entry and search of vehicles for evidential material relating to offences that hold 14 years+ imprisonment.

31
Q

What is Section 17 of the Search and Surveillance Act 2012?

A

Warrentless entry and search of vehicles for evidential material relating to offences that hold 14 years+ imprisonment.

32
Q

What is Section 9 of the Search and Surveillance Act 2012?

A

Allows you to stop a vehicle to search for someone that is unlawfully at large.

33
Q

What is Section 10 of the Search and Surveillance Act 2012?

A

Allows you to search a vehicle and ID anyone in it to find someone unlawfully at large.

34
Q

What is unlawfully at large?

A

Has an arrest warrent. Escaped from custody. A young person who has escaped CYFS.

35
Q

What is Section 86 of Search and Servailance 2012?

A

Remove outer layers of clothes

36
Q

What is Section 86 of Search and Servailance 2012?

A

Visual inspeection