Search and Surveillance Flashcards
What powers are granted under Section 7?
To enter a place or vehicle to search for and arrest a person who is unlawfully at large
What powers are granted under Section 8?
Enter place or vehicle, to search for and arrest a suspect, to avoid loss of offender (or CADD)
What powers are granted under Section 14?
Enter place or vehicle and take any action, to prevent offence (injury or serious damage) or as emergency response if risk to life or safety
What powers are granted under Section 120?
If a person or vehicle leaves before search is completed, may enter place to apprehend person or vehicle, if person freshly pursue and RGTB there is evidence.
What powers are granted under Section 15?
Enter and search place, offence (has/is/about) committed, if RGTB CADD will occur. 14+ offence
What powers are granted under Section 16?
Search a person in a public place, if RGTB person has evidence of 14+ offence
What powers are granted under Section 17?
Search vehicle in public place, if RGTB vehicle contains evidence of 14+ offence
What powers are granted under Section 18?
Search person and things (including vehicle) under their control, enter place or vehicle, to search for and seize arms/license.
What powers are granted under Section 20?
Drugs - Enter and search place or vehicle, only when Search warrant is impracticable and RGTB CADD will occur
What powers are granted under Section 21?
Drugs - Search person in a public place or vehicle, while conducting S20 search
What powers are granted under Section 22?
Drugs - Search person in public place if RGTB drugs/precursors
What powers are granted under Section 27?
Search person in a public place, if RGTS offensive weapons
What powers are granted under Section 28?
Enter and search vehicle, public place, if RGTS offensive weapons
What powers are granted under Section 29?
Enter and search vehicle, public place, if RGTB stolen property
What powers are granted under Section 9?
Stop vehicle, to arrest a person unlawfully at large or who has committed an offense punishable by imprisonment
What powers are granted under Section 30?
Acting sergeant or above may authorise road block for the purpose of arresting person unlawfully at large or who has committed offence punishable by imprisonment
What powers are granted under Section 32?
If roadblock is authorised, stop vehicles, require details if RGTS an offence, search vehicle if RGTB person is in vehicle
What powers are granted under Section 121?
Power to stop vehicle, to search it with/without warrant
What Search powers are authorized under Section 110?
All search powers authorize the person to:
- enter and search place, vehicle or thing
- request assistance
- use reasonable force to search
- seize anything that is the object of the search or can be lawfully seized
- bring and use equipment including a dog
- access and/or copy intangible material/documents
- take photographs and recordings
What special rules apply when using Section 125 to search persons?
Special rules when searching persons
When exercising a power to search a person you must:
- Identify yourself by name or unique identifier
- state the Act unless impracticable
- explain the reason for the search
- if not in uniform produce evidence of identity
- detain person for search
- promptly provide an inventory
What are the requirements for identification and notice under Sction 131?
When exercising a power to search a place, vehicle or thing you must:
- identify yourself by name or unique identifier
- announce your intention to enter and search
- state the Act unless impracticable to do so
- explain reason for search (if warrantless search) or provide a copy of S/W
- if not in uniform produce evidence of identity
- use reasonable force, to enter/search
- promptly provide an iventory of items seized
- provide written notice
What powers are granted under Section 123?
Seize items in plain view, if lawfully in a place or vehicle
What powers are granted under Section 112?
Remove items of uncertain status (if within scope of original search power)
What powers are granted under Section 117?
Secure (not search) the scene until search warrant is obtained (6 hours max), if RGTB CADD may occur
