Search And Surveillance

Question 0

Rubdown search is done to ensure the person is not carrying anything that may be used to?

Answer 0

• harm any person

- facilitate escape

Question 1

You may carry out a rubdown search on a person when?

Answer 1

• the person is arrested

- detained under a statutory power of detention

Question 2

Section 88 - carry out a warrant less search of arrested/detained persons

-if you have reasonable grounds to believe the person is carrying anything that?

Answer 2

• is evidential material relating to offence
• may be used to harm any person
• facilitate escape

Question 3

Section 11- warrant less search of people who are, or are to be locked up

Who does this section apply to?

Answer 3

• Any person who has been taken into lawful custody ;
  At a police station
  In other premises (interview room, police vehicle)

Searching for money or other property

Question 4

S&S: Section 13- property taken from people locked up

Answer 4

• must return every item of property taken under section 11 (unless evidential)
• property must go wherever the person goes

Question 5

S&S: Section 83- entry without warrant after arrest

Reasonable grounds to believe:

• evidential material is at a place
• entry delayed to obtain search warrant (CADD)

You may?

Answer 5

Enter that place WITHOUT warrant to search for evidential material - whether or not the person is there

Question 6

Section 84- warrantless entry and search of vehicle after arrest

Arrested & have RGB that evidential material is in/on a vehicle

You may?

Answer 6

Enter and search vehicle for evidence- whether the person is with the vehicle or not

Question 7

S&S: Section 29- stolen property

You may?

Answer 7

Search any vehicle without arresting or telling anyone.

- property MUST be stolen (theft, burg)

Question 8

What are the levels of search?

Answer 8

Search warrant

Warrantless search

Consent

Question 9

Section 92- purposes for which a consent search may be undertaken.
Include?

Answer 9

1) prevent commission of an offence
2) investigate whether an offence has bee committed
3) protect life or property
4) prevent injury or harm

Question 10

You may ask a person to consent a search of ??

Answer 10

• themselves
• a place
• a vehicle
• a thing

Question 11

S&S: section 15 (place) Reasonable grounds to suspect:

• 14+ years imprisonment
• evidential material
• CADD

You may:

Answer 11

Enter and search the PLACE without warrant

Question 12

S&S: section 16 (person) allows you to?

Answer 12

Search people in a public place without warrant for evidential material

Question 13

S&S section 17 (vehicle) allows you to?

Answer 13

Warrantless entry and search of a vehicle for evidential material relating to certain offences

Question 14

S&S section 116: if you are carrying out a search you may?

Answer 14

-secure place, vehicle or thing
- exclude person
If you have RGB they will obstruct or hinder

Question 15

S&S section 118 (places & vehicles)- powers of detention incidental to powers to search places and vehicles

Answer 15

Exercise search power in relation to place or vehicle where u need to determine if there is a connection between person, place or vehicle/ object of search

Question 16

S&S: section 119 (person)- powers of search by a person who has a power of arrest

Answer 16

You may search any person who:

• found at place/in vehicle
• arrives at place
• stops at/enters vehicle