Search and Surveillance Flashcards

1
Q

What year is the Search and Surveillance Act ?

A

2012

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2
Q

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

A

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”

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3
Q

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

A

Entry without warrant to arrest person unlawfully at large

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4
Q

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

A

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

“Section 8 your under arrest mate”

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5
Q

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

A
  • Concealed
  • Altered
  • Damaged
  • Destroyed
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6
Q

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

A

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
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7
Q

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

A

Purposes for which consent search may be undertaken

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8
Q

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

A

Advice that must be given before consent search undertaken

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9
Q

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

A

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

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10
Q

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

A

No

Section 95

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11
Q

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

A

Rub-down search of arrested or detained persons.

“8 rubbing up against 5”

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12
Q

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

A

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

“8 rubbing 8 for evidence”

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13
Q

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

A
  • Identify yourself
  • State the Act and reason for the search
  • Show ID if not in Police uniform
  • N.A.R.I
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14
Q

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

A

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

“11 looks like cell bars - so in custody”

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15
Q

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

A

Name
Act
Reason why
ID if not in uniform

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16
Q

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

A

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”

17
Q

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

A

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 )
18
Q

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

A

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
19
Q

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

A

Stopping a vehicle to execute a search warrant

20
Q

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

A

Search powers

  • Use of force under 131
  • “One One Zero, superhero”
21
Q

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

A

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
22
Q

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

A

Power to search vehicles without warrant for stolen property

- In a public place

23
Q

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

A

Entry without warrant after arrest

- search place

24
Q

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

A

Warrantless entry and search of vehicle after arrest

- search vehicle

25
Q

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

A

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

26
Q

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

A

Identification and notice requirements

  • of Place, Vehicle, Thing
  • What sections come under this umbrella:
  • 9,83,83,110,121,14,29
27
Q

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

A

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
28
Q

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

A

Seizure of items in plain view

  • have to be there lawfully
  • can take the items
29
Q

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

A

Entry without warrant to find and avoid loss of evidential material

  • Serious offence (14 years or over)
  • 169 notification
  • 15 CADD street
30
Q

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

A

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
31
Q

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

A

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

  • 17 on the vehicle, outside 15 CADD street
  • 169 notification
32
Q

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

A

Securing place, vehicle, or other thing to be searched

  • Yellow tape and sticks
  • shut scene down
  • Guard, Control, Freeze, Preserve
  • Secure and exclude
33
Q

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

A

Special powers where application for search warrant pending

  • five to eleven
  • Can shut scene down for 6 hrs
34
Q

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

A

Powers of detention incidental to powers to search places and vehicles

  • are you connected mate ?
  • detain if connected to the offence
35
Q

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

A

Powers to search persons at a place or vehicle