Search and Surveillance

Question 1

What is Section 15 all about?

Answer 1

Officer suspects that:

• 14 year imprisonable offence has/is/will be committed
• believes on reasonable grounds that evidence from said offence is inside a place and could be CADD’s
• may without warrant enter, search, seize

Question 2

What is Section 16 about?

Answer 2

Officer may:

• Search a person in a public place without warrant if:
• They believe on R.G they have evidence from a 14 year imprisonable offence on them

Question 3

What is Section 17 about?

Answer 3

Officer may:

• Search vehicle in a public place if;
• Officer has R.G to believe there is evidence from a 14 year imprisonable offence inside that vehicle

Question 4

What is Section 112 about?

Answer 4

Officer may:
- Seize items at a search warrant of uncertain status for further analysis to determine if it could have been seized under the original search warrant

Question 5

What is Section 117 about?

Answer 5

If a Search Warrant has/is/about to be made and a decision has not yet been returned, Police may enter and secure a place for a period of 6 hours, if Police believe that there is evidence inside that will be CADD’d, AND they already have Officers at that place.

Question 6

What is 123 about?

Answer 6

If Police are exercising a lawful search power in any place and locate any item in plain view, which could have been seized by a search warrant or any other search power, they may seize that item.

Question 7

What is 45 about?

Answer 7

The only time you can use trespass surveillance without a warrant is:

• When there is an offence punishable by 7 years imprisonment or more OR
• It is a specified firearms offence

Question 8

What is 46(e) about?

Answer 8

Can observe private activity of other people inside the curtilage of their private premises, from a public place for::

• no more than 3 hours in a 24 hour period
• 8 hours in total for a single investigation

Question 9

You are conducting a search under the Search and Surveillance Act 2012 and locate items that are not listed on the warrant, but you believe them to be stolen.

There are five options available to you under S&S - list them:

Answer 9

1: By Search warrant obtained pursuant to section 6
2: Section 112 (items of uncertain status remove for exam / analysis
3: Section 123 (items in plain view)
4: Section 88 (Warrantless search of arrested person)
5: Section 92 - 95 (informed consent for certain reasons) or general informed consent