Search and Surveillance Flashcards
Section 7 - Entry without warrant to arrest person unlawfully at large
Enter a place or vehicle without a warrant to search for an and arrest a person if
- RGS a person is unlawfully at large
- RGB The person is in or on the place or vehicle
Section 8 - Entry without warrant to avoid loss of offender or evidential material
Enter and search a place or vehicle without a warrant and
search for and arrest a person that you
- RGS a person has committed an offence punishable by imprisonment
- RGB the person is there and
- if entry is not effected immediately, either both or the following will happen:
The person will avoid arrest or they will CADD evidence relating to the offence
Section 7 and 8 Powers
Enter - the place or vehicle without a warrant.
Search - the place or vehicle for the person for the purpose of arresting them.
Section 9 - Stopping a vehicle to find a person U/L at large or who have committed certain offences
May stop a vehicle without a warrant to arrest a person if
RGS - that person is unlawfully at large or has committed an offence punishable by imprisonment.
RGB - The person is in or on the vehicle
Section 9 Powers
Stop - the vehicle for the purpose of arresting that person
Section 10 - Powers and duties constable after vehicle stopped
Require any person in vehicle who you have
- RGS a person is unlawfully at large or
- Has committed an offence punishable by imprisonment
To supply particulars.
Search - The vehicle for the person
Search - The vehicle for evidential material in relation to the offence the vehicle was stopped for
- Arrest the person.
Section 15 - Entry without a warrant to find and avoid loss of evidential material relating to certain offences
May enter and search a place without a warrant if
- RGS a 14 + year offence has been committed
- RGB Evidential material relating to the offence is in that place and if entry is delayed to obtain a warrant the evidence will be CADD.
Section 16 - Search people in a public place without a warrant for evidential material relating to certain offences
May search a person without a warrant in a public place if
- RGB a person is in possession of evidential material relating to a 14 + year offence.
Section 17 - Entry and search of vehicle for evidential material relating to certain offence
May search a vehicle without a warrant in a public place if
RGB - Evidential material relating to 14 + year offences is in or on the vehicle
Section 17 Powers
Enter - a vehicle that is in a public place without a warrant
Search - the vehicle
Section 18 - Searches associated with Arms
RGS - A person is carrying arms or in possession of them or has them under their control, and
- He or she is in breach of the Arms Act 83 or
- He or she is in capable of having control of the arms due
to physical or mental conditions.
- May kill or cause GBH to any person or
- Breach of PO or PSO.
Section 18 Powers
Enter - the place or vehicle
Search - the place or vehicle
Seize - any arms, or licence under arms act
Detain - the arms or licence if he there are RG
Section 20- Search of places and vehicle in relation to some MODA offences
RGS - an offence MODA is being committed in a place or vehicle
RGB - Impractical to obtain a warrant and
- in or on the vehicle or place there is drugs listed in MODA schedules 1, 2 and 3
- If entry is delayed CADD will occur
Enter - the vehicle or place
Search - the vehicle or place
Section 21 - Search of people found in or places or vehicles
- Search any person found in or the place or vehicle when evoking section 20
Section 22 - Search for a person for drugs
- RGS an offence against MODA has been, or is being, or about to be committed.
- RGB a person is in possession of drugs
Search - the person
Section 27 - Search people in a public place for possession of offensive weapons
RGS - a person is committing an offence against s202A(4)(a) of CA
Search the person
Section 28 - Stopping and search vehicle if offence against s202A CA suspected (possession of offensive weapons)
RGS - A person traveling in the vehicle is committing an offence against s202A(4)(a) of CA
- The vehicle contains a knife, offensive weapon or disabling substance
Search the vehicle
Section 83 - Powers of Entry and Search incidental to arrest or detention
If you have arrested a person for an offence
RGB - Evidential material relating to offence is at place
- That evidence will be CADD if entry is dleayed
Enter - the place
Search the place for the evidential material relating to offence.
Section 84 - Entry and Search of vehicle after arrest
If you have arrested a person for an offence
RGB - Evidential material relating to offence for which the person was arrested is in or on a vehicle.
Enter - the vehicle
Search - the vehicle
Section 112 - Items of uncertain status may be seized
If you are exercising a search power and uncertain if
- Any item found may be lawfully be seized to determine
- It is not practicable to determine whether item can be seized at the place or vehicle.
Section 117 - Special powers where application for search warrant pending
In the following circumstances:
- A search warrant is about to be made or
- has been made, and
- Has not yet been granted or refused by an issuing office
- The officer is present at the place or vehicle that is subject of the application.
RGB - Evidential material will be CADD
Section 117 - Enter - the place, vehicle or other thing in respect of which authorisation is sought.
Secure - the place, vehicle or other thing.
Secure - any item of items found at the at place, vehicle or other thing.
Direct - a person to assist with the entry and securing of the place, vehicle or other thing.
Section 121 Stopping vehicles with or with warrant for purposes of search - What must be satisfied?
- Grounds to search the vehicle existing
- a warrant has been issued and is in force for the vehicle.
Section 123 - Seizure of items in plain view - What must you be doing?
- Exercising a search power or
- lawfully in any place or vehicle
- conducting a lawful search of a person, and
- finds any item in the course of carrying out the search or from observations at the place or vehicle.
