Search and Surveillance

Question 1

Section 7 - Entry without warrant to arrest person unlawfully at large

Answer 1

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

Question 2

Section 8 - Entry without warrant to avoid loss of offender or evidential material

Answer 2

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

Question 3

Section 7 and 8 Powers

Answer 3

Enter - the place or vehicle without a warrant.

Search - the place or vehicle for the person for the purpose of arresting them.

Question 4

Section 9 - Stopping a vehicle to find a person U/L at large or who have committed certain offences

Answer 4

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

Question 5

Section 9 Powers

Answer 5

Stop - the vehicle for the purpose of arresting that person

Question 6

Section 10 - Powers and duties constable after vehicle stopped

Answer 6

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.

Question 7

Section 15 - Entry without a warrant to find and avoid loss of evidential material relating to certain offences

Answer 7

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.

Question 8

Section 16 - Search people in a public place without a warrant for evidential material relating to certain offences

Answer 8

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.

Question 9

Section 17 - Entry and search of vehicle for evidential material relating to certain offence

Answer 9

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

Question 10

Section 17 Powers

Answer 10

Enter - a vehicle that is in a public place without a warrant
Search - the vehicle

Question 11

Section 18 - Searches associated with Arms

Answer 11

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.

Question 12

Section 18 Powers

Answer 12

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

Question 13

Section 20- Search of places and vehicle in relation to some MODA offences

Answer 13

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

Question 14

Section 21 - Search of people found in or places or vehicles

Answer 14

• Search any person found in or the place or vehicle when evoking section 20

Question 15

Section 22 - Search for a person for drugs

Answer 15

• 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

Question 16

Section 27 - Search people in a public place for possession of offensive weapons

Answer 16

RGS - a person is committing an offence against s202A(4)(a) of CA

Search the person

Question 17

Section 28 - Stopping and search vehicle if offence against s202A CA suspected (possession of offensive weapons)

Answer 17

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

Question 18

Section 83 - Powers of Entry and Search incidental to arrest or detention

Answer 18

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.

Question 19

Section 84 - Entry and Search of vehicle after arrest

Answer 19

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

Question 20

Section 112 - Items of uncertain status may be seized

Answer 20

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.

Question 21

Section 117 - Special powers where application for search warrant pending

Answer 21

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

Question 22

Section 117 - Enter - the place, vehicle or other thing in respect of which authorisation is sought.

Answer 22

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.

Question 23

Section 121 Stopping vehicles with or with warrant for purposes of search - What must be satisfied?

Answer 23

• Grounds to search the vehicle existing

- a warrant has been issued and is in force for the vehicle.

Question 24

Section 123 - Seizure of items in plain view - What must you be doing?

Answer 24

• 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.