Search And Surveillance Flashcards

1
Q

14

A

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

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2
Q

7

A

Entry without warrant to arrest person unlawfully at large

Suspect unlawfully at large or believe in place or vehicle

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3
Q

8

A

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

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4
Q

9

A

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

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5
Q

10

A

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

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6
Q

121

A

Stopping a vehicle with or without warrant for purposes of search

If satisfied grounds to conduct warrantless search

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7
Q

18

A

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

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8
Q

27

A

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

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9
Q

28

A

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

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10
Q

15

A

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
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11
Q

16

A

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

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12
Q

17

A

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

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13
Q

83

A

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

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14
Q

84

A

Warrantless entry and search of vehicle after arrest

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

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15
Q

30

A

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

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16
Q

32

A

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

17
Q

112

A

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

18
Q

123

A

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

19
Q

Search warrants

A

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

20
Q

85

A

Run down search of arrested or detained

May harm or facilitate escape

21
Q

88

A

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

22
Q

70-79

A

Production orders

23
Q

Surveillance devices

A

An interception device
A tracking device
A visual surveillance device

24
Q

If no one present at search must

A
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
25
Q

Reporting use of warrantless power

A

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

26
Q

21

A

Warrantless search of people found in or on places or vehicles

If search under 20 may search person found in or on

27
Q

Who can authorise search warrant

A
District court judge
High court judge
JP
Community magistrate 
Registrar or deputy registrar authorised by attorney general
28
Q

117

A

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

29
Q

Purposes of consent search

A

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

30
Q

Advice for consent search

A

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

31
Q

When can person under 14 give consent

A

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

32
Q

When surveillance device warrant is required

A

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

33
Q

Unlawfully at large defined

A
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