Search And Surveillance

Question 1

14

Answer 1

Warrantless entry to prevent offences of respond to risk to life or safety

Suspect offence being or likely to be committed causing injury, damage or risk to life or safety

Question 2

7

Answer 2

Entry without warrant to arrest person unlawfully at large

Suspect unlawfully at large or believe in place or vehicle

Question 3

8

Answer 3

Entry without warrant to avoid loss of offender or evidential material

Suspect has committed offence
Believe in place or vehicle
Believe person may leave and or CADD

Question 4

9

Answer 4

Stopping a vehicle to find persons unlawfully at large or who have committed certain offences

Suspect UL at large
Or committees IO
And believe in vehicle

Question 5

10

Answer 5

Powers and duties of constable after vehicle stop

Supply details if suspect
UL or
Commuted IO

Search if believe in vehicle or to locate EM in relation to offence if has been arrested or if flee before arrest

Question 6

121

Answer 6

Stopping a vehicle with or without warrant for purposes of search

If satisfied grounds to conduct warrantless search

Question 7

18

Answer 7

Warrantless searches associated with arms

Suspect person who is carrying, or is in possession or under their control

and is in breach of arms act or
Incapable due to physical or mental condition or
May kill or cause bodily injury or
PO in force or
Grounds to make applicator for PO or
PSO in force 

May search person, property, enter place or vehicle to search and seize

Question 8

27

Answer 8

Offensive Weapons

Searching people in public places without warrant if offence against section 202(4)(a) of the crimes act 1961

Suspect commuting offence against Act
Search person

Question 9

28

Answer 9

Searching vehicles without warrant for offensive weapons

Suspect person in or who has exited vehicle is committing offence against Act
And vehicle contains knife, offensive weapon or disabling substance

Question 10

15

Answer 10

Entry without warrant to find and avoid loss of evidential material

Suspect 
IO carrying 14yrs+ has, is or about to be committed 
And 
Believe 
EM is in place and CADD if delay 
Enter and search

Question 11

16

Answer 11

Searching people in public place without warrant for EM relating to certain offences

PP and believe
Person in possession of EM relating to offence carrying 14yr+
Search

Question 12

17

Answer 12

Warrantless entry and search of a vehicle for EM relating to certain offences

If in PP and believe EM relating to 14yr+ offence in vehicle
Enter and search

Question 13

83

Answer 13

Entry without a warrant after arrest

If have arrested and believe EM relating to offence is at place
May enter and search - whether or not the person was arrested there

Question 14

84

Answer 14

Warrantless entry and search of vehicle after arrest

If arrested and believe EM in vehicle
Enter and search whether or not arrested with vehicle

Question 15

30

Answer 15

Obtaining authorisation for warrantless road block

If a senior constable (sergeant/acting sergeant or higher)
Believe that in vehicle there is a person they have reasonable grounds to suspect
Has committed offence or
UL
And suspect vehicle will travel past the place where it is proposed road block wil be established
And safety of all road users ensured as far as reasonably practic
Then can authorise

Question 16

32

Answer 16

When a road block is authorised under s30 you may
Establish block where authorised
Stop vehicle at or in vicinity
If suspect has committed offence require them to provide details
Search for purpose of locating person who has committed offence or UL if believe there

Question 17

112

Answer 17

Items of uncertain status may be seized
If executing search power and uncertain whether item can be lawfully seized
And not reasonably practical to determine whether can be seized
May remove for analysis or exam to determine

Question 18

123

Answer 18

Seizure of items in plain view

If exercising search power or conducting lawful search or lawfully in place or vehicle

Seize and believe seizing any search warrant that you could have obtained or any other search power you may exercise

Question 19

Search warrants

Answer 19

Must obtain unless impractical in the circumstances

Issued if:
Suspect offence committed
Believe search will locate EM

Written application with personal appearance. Oral if delay would compromise effectiveness

Question 20

85

Answer 20

Run down search of arrested or detained

May harm or facilitate escape

Question 21

88

Answer 21

Warrantless search of arrested or detained persons (for evidential material)

Question 22

70-79

Answer 22

Production orders

Question 23

Surveillance devices

Answer 23

An interception device
A tracking device
A visual surveillance device

Question 24

If no one present at search must

Answer 24

Leave copy of warrant 
Written notice of warrantless 
Within 7days if not practicable 
Includes date, time of start and finish, name, ID and if anything seized 
Authority and reason for seizure 
Inventory of items taken

Question 25

Reporting use of warrantless power

Answer 25

ASAP
Short summary - reason for, EM seized or not, any criminal proceedings
By end of shift online

Question 26

21

Answer 26

Warrantless search of people found in or on places or vehicles

If search under 20 may search person found in or on

Question 27

Who can authorise search warrant

Answer 27

District court judge
High court judge
JP
Community magistrate 
Registrar or deputy registrar authorised by attorney general

Question 28

117

Answer 28

Special power when SW is pending

If believe CADD while SW being completed
Enter and secure
Direct any person to assist
Last 6hours unless SW approved or refused

Question 29

Purposes of consent search

Answer 29

To prevent commission of offence
To investigate whether offence has been committed
To protect life or property
To prevent injury or harm

Question 30

Advice for consent search

Answer 30

Determine that the search is for a purpose
Advise of reason
Advise may either consent or refuse

Question 31

When can person under 14 give consent

Answer 31

Only if driving vehicle and no other persons over 14 who has authority over vehicle

Question 32

When surveillance device warrant is required

Answer 32

If observation is more than 3hours in 24hour period or 8hours in total

Question 33

Unlawfully at large defined

Answer 33

Arrest warrant - not fines
Escaped prison or absent without leave
Escaped lawful custody
Special patient and has escaped
Young person subject to youth court supervision with resident order and abscond from CYFS