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Richards studies > Search and Surveillance > Flashcards

Search and Surveillance Flashcards

1
Q

What powers are granted under Section 7?

A

To enter a place or vehicle to search for and arrest a person who is unlawfully at large

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2
Q

What powers are granted under Section 8?

A

Enter place or vehicle, to search for and arrest a suspect, to avoid loss of offender (or CADD)

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3
Q

What powers are granted under Section 14?

A

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

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4
Q

What powers are granted under Section 120?

A

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.

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5
Q

What powers are granted under Section 15?

A

Enter and search place, offence (has/is/about) committed, if RGTB CADD will occur. 14+ offence

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6
Q

What powers are granted under Section 16?

A

Search a person in a public place, if RGTB person has evidence of 14+ offence

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7
Q

What powers are granted under Section 17?

A

Search vehicle in public place, if RGTB vehicle contains evidence of 14+ offence

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8
Q

What powers are granted under Section 18?

A

Search person and things (including vehicle) under their control, enter place or vehicle, to search for and seize arms/license.

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9
Q

What powers are granted under Section 20?

A

Drugs - Enter and search place or vehicle, only when Search warrant is impracticable and RGTB CADD will occur

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10
Q

What powers are granted under Section 21?

A

Drugs - Search person in a public place or vehicle, while conducting S20 search

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11
Q

What powers are granted under Section 22?

A

Drugs - Search person in public place if RGTB drugs/precursors

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12
Q

What powers are granted under Section 27?

A

Search person in a public place, if RGTS offensive weapons

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13
Q

What powers are granted under Section 28?

A

Enter and search vehicle, public place, if RGTS offensive weapons

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14
Q

What powers are granted under Section 29?

A

Enter and search vehicle, public place, if RGTB stolen property

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15
Q

What powers are granted under Section 9?

A

Stop vehicle, to arrest a person unlawfully at large or who has committed an offense punishable by imprisonment

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16
Q

What powers are granted under Section 30?

A

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

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17
Q

What powers are granted under Section 32?

A

If roadblock is authorised, stop vehicles, require details if RGTS an offence, search vehicle if RGTB person is in vehicle

18
Q

What powers are granted under Section 121?

A

Power to stop vehicle, to search it with/without warrant

19
Q

What Search powers are authorized under Section 110?

A

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
20
Q

What special rules apply when using Section 125 to search persons?

A

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
21
Q

What are the requirements for identification and notice under Sction 131?

A

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
22
Q

What powers are granted under Section 123?

A

Seize items in plain view, if lawfully in a place or vehicle

23
Q

What powers are granted under Section 112?

A

Remove items of uncertain status (if within scope of original search power)

24
Q

What powers are granted under Section 117?

A

Secure (not search) the scene until search warrant is obtained (6 hours max), if RGTB CADD may occur

25
Q

What powers are granted under Section 83?

A

After arrest, arresting officer may enter and search place for evidence if RGTB CADD will occur.

26
Q

What powers are granted under Section 84?

A

After arrest, arresting officer may enter and search vehicle if RGTB vehicle contains evidence.

27
Q

What powers are granted under Section 85?

A

Rub down search any person arrested or detained (under another ACT), for anything that may harm a person or facilitate escape.

28
Q

What powers are granted under Section 88?

A

Search any person arrested or detained (under another Act) if RGTB person has anything that is evidence or may harm a person or facilitate escape.

29
Q

What powers are granted under Section 11?

A

Search any person who is or is about to be, “locked up”

30
Q

What powers are granted under Section 10?

A

A vehicle may be searched for evidence, if stopped under S9, and person is arrested or flees.

31
Q

What powers are granted under Section 116?

A

Searcher may secure place/vehicle/thing searched and (if RGTB person will hinder search) exclude any person.

32
Q

What powers are granted under Section 118?

A

Searcher may detain any person at, or arriving at, place or vehicle, to establish connection to object of the search

33
Q

What powers are granted under Section 119?

A

Search any person at/arriving/leaving place or vehicle being searched, if RGTB the person has evidence or RGTS has dangerous item and RGTB immediate action necessary

34
Q

What are the requirements under Section 169?

A

Must notify when any warrantless search or entry power is used, unless S85, S88 (rub down only), S11 “locked up” search, or entry power that does not confer search power. e.g S14, emergency entry

35
Q

What must you have to conduct a Section 92 search?

A

the consent of the person

36
Q

What is the purpose of section 11?

A

It is a custody search to remove property & money

37
Q

What reason do you give when searching under Section 88?

A

when you BELIEVE they have items related to an offence or items that can harm anyone or facilitate escape

38
Q

What reasons do you give when searching after arrest/detainment under section 85?

A

Searching for items that may harm anyone or facilitate escape

39
Q

How long can you detain someone for the purpose of a search under Section 125?

A

As long as reasonably necessary

40
Q

Under what section of the S&S Act must you give your RAN?

A

Section 125

Richards studies (7 decks)

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