Search And Surveillance 2012 - Vehicles

Question 1

Sections 9 is authority to pull over a vehicle when…?

Answer 1

If you have reasonable grounds to suspect a person is
Unlawfully at large
Or has committed an offence punishable by imprisonment
And you have reasonable grounds to believe that person is in or on a vehicle
YOU MAY: STOP the vehicle without warrant to arrest the person.

Question 2

Sections 121 and
Section 121(2)

Answer 2

121 - Stopping vehicles without a warrant for purpose of search

121(2) - stopping a vehicle to execute a search warrant

Question 3

Sections 10

Answer 3

Powers and duties after vehicle stopped

Question 4

Section 30

Answer 4

Obtaining authorisation for road block

Question 5

Sections 32

Answer 5

Road block power

Question 6

Section 128

Answer 6

Duty to remain stopped (you may require the vehicle to be stopped for as long as reasonably necessary to exercise any powers in relation to

1. The vehicle
2. Occupants of vehicle

Question 7

Section 129

Answer 7

Duty to provide information to driver . Your name or unique identifier. The act and proof or identify if not on police uniorm.

Question 8

Section 177

Answer 8

Offences related to dropping vehicle

Question 9

Sections 29

Answer 9

Powers to search vehicle for stolen property

Question 10

Sections 125 obligations?

Answer 10

Identify yourself
State the act and reason for the search
Show ID if not in police uniform

Question 11

S122 moving a vehicle for purpose of search or safekeeping…

Answer 11

Gives you the powers for lawful authority to search vehicle but it is impracticable to do so at that place or reasonable grounds to believe it is necessary to move vehicle for safekeeping
Or you.may mine vehicle to another place

Question 12

Sections 30 - obtain authorisation for warrantless road block

Answer 12

Believe that in or on a vehicle there is a person they have reasonable grounds to suspect
1. Has committed an offence punishable by term of imprisonment
2. Is unlawfully at large
Reasonable grounds to suspect the vehicle will drive past the place where road block is established.
Ensure the safety of all road users in the area where road block is established
Senior constable or higher can authorise

Question 13

Sections 32 : authorised road blocks implemented without warrant

Answer 13

When road block is authorised under Section 30 you may:
Establish - road block at specified place
authorised
Stop - Vehicles at or In vicinity of road block
Require - any person you have reasonable
grounds to suspect has committed an
offence punishable by imprisonment to
state all or all of his/her name address
and DOB
Search - the vehicle for purpose of locating the person who has