Search and Surveillance

Question 1

What must you know for Section 15 SSA 2012 avoid loss of evidential

Answer 1

A constable may enter and search a place if;

• He/She has reasonable grounds to suspect that an offence punishable of 14 years or more has, is or is about to be committed and
• Believe that evidential material relating to the offence is in that ‘Place’ and
• If entry is a delay the evidential material will be CADD(Concealed, Altered, Destroyed or Damaged)

Note : Also allows you to search a vehicle in the place you are searching.

Question 2

Definition of Section 16 SSA 2012 search people in Public place for evidential

Answer 2

A constable may search a person without warrant in a public place if;

• He/ She believe on reasonable grounds that a person is possession of evidential material relating to an offence punishable by 14 years or more

Question 3

Definition of Section 17 SSA 2012 Enter and search vehicle for evidential material

Answer 3

A constable may without warrant enter and search a vehicle that is in a public place if;

• he/she believes on reasonable ground that evidential material relating to an offence punishable by 14 years or more is in the vehicle:

Note : section 17 only allows a search of a vehicle in a public place

Question 4

Definition of Section 112 SSA 2012 uncertain status

Answer 4

if a person executing a search power is uncertain whether an item found can be lawfully seized, an that it is not practical to determine whether it can be seized at the place being search then;
- the person exercising the power may remove the item to have it examined or analysis to determine whether it can be lawfully seized

Question 5

Definition of Section 117 SSA 2012

Answer 5

If an application for a 4X is about to be made or has been made or has not yet been grant or refused by an AO and an officer is present at the place or vehicle he may;

• Enter and secure the place or vehicle
• believe on reasonable grounds that evidential material will be CADD may remove before the 4X is granted on refused
• Until such time as;
  
  • expiry of 6 hours since the power was exercised
  • the warrant is available for execution
  • the application was refused

Question 6

What must you be doing for Section 123 SSA 2012 in plain view to apply

Answer 6

• exercising a search power
• lawfully in any place or in or on a vehicle
• conducting lawful search of a person
• find an item in the course of your search or
• as a result of your observation at a place or in or on a vehicle

reasonable grounds to believe you could seize the item under a;

• search warrant
• or any other search power