Search and Surveillance Flashcards
Section 125 1) (a) + (b)
RAN
Reason, Act, Name:
- When searching a person, Must provide, - Reason for search What enactment the search is authorised by - Your Name, or unique identifier
RAN
Section 125 1) a+b
Reason, Act, Name
125 1) c)
If not in uniform, you must produce evidence of identity
125) 1) d) e) f)
Detain+Equivalent+Facilitate
Ability to:
d) DETAIN person to enable search,
e) EQUIVALENT force for purpose of completing the search
f) FACILITATE search with any equipment in a way that involves minimal contact and is reasonable in the circumstances
125 1) h) i)
HE-HE+Items
h) “HE-HE” may be strip searched, if authorised, but must be same sex searcher
i) ITEMS wearing, carrying; or immediate control, possession
131 1) a) b) & 3)
RAIN - Entry to search
and,
Authority of forced entry
- Reason for entry
- Act authority for entry
- Intent to enter
- Name, or unique identifier
3) You may also use resonable force to achieve entry
110 c) d)
Search Powers
specifically:
Authority to use any
- c) Reasonable force in respect of any property, to search and lawfully seize
- d) Seize anything that is subject of search or anything subject to lawful seizure
169 1) & 4)
Reporting use of certain search powers
1) Any warantless entry, search, or surveillance power must be followed by a report of that powers use and justification.
4) Use of sections:
- 85, or 88 - post arrest search are not excused
also,
- 11 - custody search
- 14 - Emergency Entry, or other powers that do not also confer power of search
- Consent search.
14
OneFour - Kick down the Door
EMERGENCY: risk to life or safety; warrantless entry power:
Any constable with RG2S that any 1 or more of the below circumstances exists, may enter anything without warrant and take any reasonable, or necessary action to prevent an action, or emergency from continuing.
Circumstances:
- An offence is being committed, or about to be committed that would cause injury to any person, or serious damage/loss to any property
Or,
- Their is risk to life and safety of a person if they aren’t immediately attended to
7
Warrantless entry to arrest unlawfully at large
Enter and Search for if RG2B,
person is unlawfully at large and is within that place
7
Warrantless entry to arrest unlawfully at large in place or vehicle
Enter and Search for if RG2B,
person is unlawfully at large and is within that place
8
Enter and Search any Place, or Vehicle
RG2B presence of a offender, that there is RG2S has committed an imprisonable offence
and that CADD, or offender escape may occur if entry does not occur immediately.
CADD
Evidental Material Concealed Altered Damaged Destroyed
85
Harm, or Escape - Rub down search
During course of Arrest or Detainment,
An authorised person may carry out a rub/pat down search.
The purpose being to ensure,
No harm to any person,
or
Exclude anything that could facilitate escape.
This includes requesting opening of mouth, showing palms, soles of feet, and lift and rub hair
88
Harm, Escape, or EM search
During Arrest or Detainment,
An authorised person may carry out a search of the arrested person,
if there is RG2B that the person may have
Items that could cause harm,
Facilitate escape,
or
Has evidential material on their person relating to reason for arrest/detainment
11
Custody Search.
Warrantless Search of a person during custody.
A person before, during, or after being arrested maybe be searched by any duly authorised person.
They may only be searched if there is reasonable grounds to believe that they may have in some way gained access to items that would allow them to cause harm to themselves, or others.
Any property found during this search may be taken into temporary custody.
12 adds to this:
A person may be charged with completing this search if it is necessary to enable the search.
Same sex searcher,
Or,
allow search to occur within reasonable time of being take into custody.
The searcher must be appropriately trained,
and,
the searcher must carry out the search as if they were a police employee.
13 (11 related)
Any property found during custody search.
All property may be taken during a s11 custody search, but must be returned when the person is released from custody.
Any property that can reasonably expected to be given in evidence in court may be held until the items are no longer needed.
additionally,
Any property that could be considered to constitute an offence if possessed, may be held for destruction.
If the person is transferred while still held in custody, their property must be transferred to the person or facility holding them, unless property is EM, or constitutes an offence.
Types of Searches that can be carried out on a person.
16 - Search Person for possesion of evidential material if RG2B +14 year offence committed and EM on that person
11 - K9 - Custody Search + (13 return property after custody that’s not offensive, or EM)
85 - K9/Detain - RAN - Rub down search to ensure safety and no escape
88 - K9/Detain - RAN search for RG2B that safety is at risk, or EM is hidden
92 - Consent Search, Must state they are free to go, not required to consent, cannot be under 14yrs of age, unless related to motor vehicle offence and no adult present
15, 16, 17
Warrantless entry RAIN, or RAN
to search for EM on place -15. person - 16, or vehicle - 17 that a constable has RG2B has EM relating to a +14yr offence
18
May RAN a Person, or RAIN - Enter any Place/Thing, then SEARCH to SEIZE and DETAIN any Arms, or Arms Licence
IF,
RG2S offence against Arms Act has occurred,
Or,
mental, or physical condition so degraded,
that person is incapable, or may cause death or GBH
Or Domestic Violence Act
Protection Order against person with firearm seizure stipulated,
Grounds for protection order application
20, 21, 22
Warrantless Search for MISUSE of DRUGs.
IF
believed that it is not practicable to obtain a warrant, eg, CADD may occur,
May RAN a Person, or RAIN and Enter any Place/Thing, then SEARCH and SEIZE,
if RG2B
that a controlled, or illicit drug is being misused, stored illegally, or being in some stage of manufacture.
27 & 28
RAN Search of a PERSON in PUBLIC PLACE if, RG2S person is in possession of, a KNIFE, an OFFENSIVE WEAPON, or a DISABLING SUBSTANCE
STOP and RAIN Search of VEHICLE if, RG2S Vehicle, or Occupant is in possession of, a KNIFE, an OFFENSIVE WEAPON, or a DISABLING SUBSTANCE
29
If RG2B,
STOLEN PROPERTY is located in, or on a VEHICLE, it may be RAIN searched and property retrieved.
83 & 84
Post K9,
ARRESTING OFFICER may
RAIN and ENTER a PLACE, or VEHICLE regardless of relation to commission of original offence,
IF,
RG2B that EM relating to the K9 offence is at the place and CADD may occur during delay for warranted entry
116
116 STICKS AND TAPE
SECURE, SEARCH and EXCLUDE
A person carrying out a search may,
Secure Place, Vehicle, Area,
Exclude, Any Person if RG2B person will obstruct,
If request for info by person affected,
Must give person RAN notification for searching.
117
Special Power of RAN notified ENTRY to SECURE, while awaiting WARRANT to Search and Seize EM on Place, Vehicle, or Person.
IF,
RG2B that CADD may occur before warrant decision can be confirmed,
This Securing of the area may continue for 6hrs, or warrant is approved, or refused.
118
118 YOU AND YOUR MATE
Power to DETAIN PERSONs ON, WITHIN, or ARRIVING at the scene of a PLACE or VEHICLE SEARCH,
If directed to remain at scene of search, that person is detained from that point, until reasonably necessary, or end of location search.
Reasonable force is justified to ensure the detained person remains until free to leave.
119
119 - YOUR DANGEROUS ITEMS ARE MINE
Any person with POWER to ARREST, when searching PLACE or VEHICLE, may DETAIN any Person found during this search, who is AT, ARRIVES, or STOPs at search location.
IF,
RG2S that the person, has items that are a threat to safety and immediate action to address the threat is needed.
Any items found must be returned once search is completed, or there is no longer a safety threat
9 + 10
STOPPING a VEHICLE without warrant to K9 a PERSON UNLAWFULLY AT LARGE,
IF,
RG2S a Person is unlawfully at large or, has committed an offence punishable by imprisonment and Believe they person is in the vehicle
10: If a VEHICLE is STOPPED, Any PERSON can be required to supply Name Address Contact Details DOB if RG2S person is the offender,
May Also,
RAIN notification, additionally STATE OBJECT then SEARCH vehicle to LOCATE, PERSON, or EM Object/Property relating to Offence,
IF,
The Person is K9, or seen fleeing
121
STOPPING VEHICLE to SEARCH with/Without Warrant
Any officer may STOP and SEARCH a vehicle,
Through any empowerment to do so,
Functions through the use of:
Section of an act that empowers them with a Warrantless power of search,
Or,
Have a Warrant that authorises the search
123
123 - SEEN BY ME
In the part of DUTIES,
when exercising a LAWFUL SEARCH or, ENTRY POWER,
or LOCATION patrol
Any Items may be SEIZED if found in course of REASONABLE SEARCH, or OBSERVATION
of the PLACE, or VEHICLE,
IF,
RG2B that any item could be reasonably seized if empowered at the time by a warrant, or search power
128
128 - DON’T RELOCATE
If VEHICLE is STOPPED for SEARCH,
any PERSON may be REQUIRED to remain in vehicle and VEHICLE must REMAIN STOPPED, for aslong as reasonably necessary
122
122 - KEEP IT SAFE FOR YOU
Any VEHICLE may be MOVED to another PLACE if lawful authority to search the vehicle, but IMPRACTICAL to do AT ORIGINAL LOCATION
If power to arrest person, officer may also move vehicle from location for SAFEKEEPING
15, 16, 17
RAN Search of PERSON,
or
RAIN Entry and Search of Vehicle, or Place
If,
RG2S that +14yr offence has been, is, or about to be commited,
and,
if entry is delayed CADD may occur
