Search and Surveillance

Question 1

What year is the Search and Surveillance Act ?

Answer 1

2012

Question 2

What is Section 14 S.A.S.A 2012 ?

Answer 2

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

“Section 1 4 kick in the door - to gain access to a property to save someone from harm”

Question 3

What is Section 7 S.A.S.A 2012 ?

Answer 3

Entry without warrant to arrest person unlawfully at large

Question 4

What is Section 8 S.A.S.A 2012 ?

Answer 4

Entry without warrant to avoid loss of offender or evidential material (C.A.D.D)

“Section 8 your under arrest mate”

Question 5

What does C.A.D.D stand for ?

Answer 5

• Concealed
• Altered
• Damaged
• Destroyed

Question 6

What is Section 121 (1) S.A.S.A 2012 ?

Answer 6

Stopping a vehicle without a warrant for purpose of search

• don’t have to do 169 notification
• only on request do you have to: identify yourself, act and reason why

Question 7

What is Section 92 S.A.S.A 2012 ?

Answer 7

Purposes for which consent search may be undertaken

Question 8

What is Section 93 S.A.S.A 2012 ?

Answer 8

Advice that must be given before consent search undertaken

Question 9

What is Section 95 S.A.S.A 2012 ?

Answer 9

Ability of persons under 14 years to consent to searches of places, vehicles or other things

Question 10

Can an under 14 year old consent to a search of a place, vehicle or other thing ?

Answer 10

No

Section 95

Question 11

What is Section 85 S.A.S.A 2012 ?

Answer 11

Rub-down search of arrested or detained persons.

“8 rubbing up against 5”

Question 12

What is Section 88 S.A.S.A 2012 ?

Answer 12

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

“8 rubbing 8 for evidence”

Question 13

Under Section 125 S.A.S.A 2012 what are your obligations ?

Answer 13

• Identify yourself
• State the Act and reason for the search
• Show ID if not in Police uniform
• N.A.R.I

Question 14

What is Section 11 S.A.S.A 2012 ?

Answer 14

Warrantless searches of people who are, or are to be, locked up in Police custody

“11 looks like cell bars - so in custody”

Question 15

What does N.A.R.I stand for ?

Answer 15

Name
Act
Reason why
ID if not in uniform

Question 16

What is Section 169 S.A.S.A 2012 ?

Answer 16

When you use a warrantless power of entry, search or surveillance you must report this by completing an online notification form as soon as practicable.

“169 get it in on time”

Question 17

What is Section 131 S.A.S.A 2012 ?

Answer 17

Identification and notice requirements for person exercising search power
- Place, Vehicle, Thing

N.I.A.R

• Name
• Intended to enter and search ( Place, Vehicle, Thing )

Question 18

What is Section 9 S.A.S.A 2012 ?

Answer 18

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

• “k9 time or 3T time”
• Can only search person
• 169 notification

Question 19

What is Section 121 (2) S.A.S.A 2012 ?

Answer 19

Stopping a vehicle to execute a search warrant

Question 20

What is Section 10 S.A.S.A 2012 ?

Answer 20

Search powers

• Use of force under 131
• “One One Zero, superhero”

Question 21

What is Section 113 S.A.S.A 2012 ?

Answer 21

Power of person called to assist

• One One Three, come and help me
• Use other people to help execute our duties
• When we need help to get somewhere. Eg locksmith to get into a car

Question 22

What is Section 29 S.A.S.A 2012 ?

Answer 22

Power to search vehicles without warrant for stolen property

- In a public place

Question 23

What is Section 83 S.A.S.A 2012 ?

Answer 23

Entry without warrant after arrest

- search place

Question 24

What is Section 84 S.A.S.A 2012 ?

Answer 24

Warrantless entry and search of vehicle after arrest

- search vehicle

Question 25

What is Section 125 S.A.S.A 2012 ?

Answer 25

Rules and obligations when searching persons
What sections come under this umbrella:
- 7,8,11,13,85,88, 169
- 18,20-22,27( warrantless)

Question 26

What is Section 131 S.A.S.A 2012 ?

Answer 26

Identification and notice requirements

• of Place, Vehicle, Thing
• What sections come under this umbrella:
• 9,83,83,110,121,14,29

Question 27

What is Section 112 S.A.S.A 2012 ?

Answer 27

Items of uncertain status may be seized

• Have to lawfully be there
• can take it, then get it analysed and return or keep depending if item was stolen or not

Question 28

What is Section 123 S.A.S.A 2012 ?

Answer 28

Seizure of items in plain view

• have to be there lawfully
• can take the items

Question 29

What is Section 15 S.A.S.A 2012 ?

Answer 29

Entry without warrant to find and avoid loss of evidential material

• Serious offence (14 years or over)
• 169 notification
• 15 CADD street

Question 30

What is Section 16 S.A.S.A 2012 ?

Answer 30

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

• Dude with 16 on his cap outside 15 CADD street
• can search him for evidential material
• 169 notification

Question 31

What is Section 17 S.A.S.A 2012 ?

Answer 31

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

• 17 on the vehicle, outside 15 CADD street
• 169 notification

Question 32

What is Section 116 S.A.S.A 2012 ?

Answer 32

Securing place, vehicle, or other thing to be searched

• Yellow tape and sticks
• shut scene down
• Guard, Control, Freeze, Preserve
• Secure and exclude

Question 33

What is Section 117 S.A.S.A 2012 ?

Answer 33

Special powers where application for search warrant pending

• five to eleven
• Can shut scene down for 6 hrs

Question 34

What is Section 118 S.A.S.A 2012 ?

Answer 34

Powers of detention incidental to powers to search places and vehicles

• are you connected mate ?
• detain if connected to the offence

Question 35

What is Section 119 S.A.S.A 2012 ?

Answer 35

Powers to search persons at a place or vehicle