Search And Surveillance Flashcards
14
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
7
Entry without warrant to arrest person unlawfully at large
Suspect unlawfully at large or believe in place or vehicle
8
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
9
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
10
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
121
Stopping a vehicle with or without warrant for purposes of search
If satisfied grounds to conduct warrantless search
18
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
27
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
28
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
15
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
16
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
17
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
83
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
84
Warrantless entry and search of vehicle after arrest
If arrested and believe EM in vehicle
Enter and search whether or not arrested with vehicle
30
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
32
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
112
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
123
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
Search warrants
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
85
Run down search of arrested or detained
May harm or facilitate escape
88
Warrantless search of arrested or detained persons (for evidential material)
70-79
Production orders
Surveillance devices
An interception device
A tracking device
A visual surveillance device
If no one present at search must
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
Reporting use of warrantless power
ASAP
Short summary - reason for, EM seized or not, any criminal proceedings
By end of shift online
21
Warrantless search of people found in or on places or vehicles
If search under 20 may search person found in or on
Who can authorise search warrant
District court judge High court judge JP Community magistrate Registrar or deputy registrar authorised by attorney general
117
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
Purposes of consent search
To prevent commission of offence
To investigate whether offence has been committed
To protect life or property
To prevent injury or harm
Advice for consent search
Determine that the search is for a purpose
Advise of reason
Advise may either consent or refuse
When can person under 14 give consent
Only if driving vehicle and no other persons over 14 who has authority over vehicle
When surveillance device warrant is required
If observation is more than 3hours in 24hour period or 8hours in total
Unlawfully at large defined
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
