Search and Surveillance Flashcards
What are the 3 types of searches
Search warrant
Warrantless power (S + S act)
Consent search
Section 7 of S+S act
Entry without warrant to arrest person unlawfully at large
If you have reasonable grounds to suspect a person is unlawfully at large
And reasonable grounds to believe the person is inside the place or vehicle.
Enter and search powers
Define unlawfully at large
A person with a warrant.
A person who has escaped custody or prison
A special or restricted patient under metal health
A young person who has been placed in residence and absconded.
A care or special care respondent under intellectual disability
Section 8 of S+S act
Entry without warrant to avoid loss of offender or evidential material.
Suspect: Person has committed an offence punishable by imprisonment.
Believe: The person is in the place or vehicle and if entry isn’t effected immediately, they will leave to avoid arrest or evedential material relating to the offence will be CADD
Does section 8 give you the power to search for evidential material?
No. Arrest them and then search.
Section 9 of S+S act
Stop a vehicle to find persons at large or committed an offence punishable by imprisonment.
Suspect: A person is unlawfully at large or committed offence punishable by inprisonment
Believe: The person is in the vehicle.
Only a stopping power.
Section 10 of S+S act
After stopping under section 9:
RGTS a person is unlawfully at large or committed offence by imprisonment.
RGTB the person is or inside the vehicle
Require the person to supply their details,
Search the vehicle for that person
Search the vehicle for evidential material in relation to the offence the vehicle was stopped for if the person is arrested or seen fleeing from the vehicle.
Section 15 S+S act
Entry without warrant to find and avoid loss of material for 14+ year offences.
RGTS offence of 14+ years has/is/about to be committed.
RGTB Evidential material relating to the offence is in that placeand if entry is delayed material will be CADD
Enter and search
Section 16 S+S act
Searching people in public place for material for 14+ year offences.
RGTB person is in possession of evidential material relating to an offence 14+ years
Search that person in public place
Section 17 S+S act
Entry and search of vehicle for 14+ years offences.
RGTB evidential material from 14+ year offence is in the vehicle.
Enter and search the vehicle
What powers are used in relation evidential material for 14+ year offences of a vehicle:
In a public place.
On private property.
Public place: section 17 searching of a vehicle.
Private property: Section 15 entry and search of a place.
Section 18 S+S act
Searches for firearms.
RGTS firearms are under their control and in breach of arms act or mental condition or protection order/PSO.
Enter and search the place/vehicle, search the person and seize firearms license.
Section 20 S+S act
Search of place/vehicle in relation to drugs.
RGTS in the place/vehicle an offence against MODA has/is/about to be committed.
RGTB impractical to obtain warrant and that drugs are in there. If not carried out immediately they will be CADD
Section 21 S+S act
While conducting section 20, you may search any person inside that place or vehicle.
Section 22 S+S act
Power to search for controlled drugs on a person.
RGTS an offence against MODA has/is/about to be committed.
RGTB the person is in possession of controlled drugs
Section 27 S+S act
Searching people in public places for knives/offensive weapons etc.
RGTB the person is committing the offence.
Section 28 S+S act
Searching vehicles for offensive weapon.
RGTS the person/s have offensive weapon
Section 83 S+S act
Entry and search a place for evidential material in relation to the offence.
If you have arrested the person for the offence and
RGTB evidential material is at the place and it will be CADD if entry delayed
Enter and search the place whether or not they were arrested there.
Section 84 S+S act
Search of vehicle after arrest.
If you have arrested a person for an offence and
RGTB evidential material relating to the offence is in the vehicle.
In relation to searching a thing after an arrest, what sections can you search a vehicle in:
Private property
Public place
Private property - Section 83
Public place - Section 84
Section 112 S+S act
Seizing items of uncertain status.
If you are exercising a search power and
uncertain whether item may lawfully be seized and not reasonably practicable to determine at that time
you may remove that item for analysis to determine whether it can be lawfully seized.
Section 117 S+S act
Application for warrant is pending - CIRCUMSTANCES- a search warrant is about to/has been made OR has not yet been granted or refused by an issuing officer AND - the officer is present at the place or vehicle that is or is to be the subject of the application
RGTB- evidential material may be CADD or removed before a decision is taken to grant or refuse the issue of a search warrant
You can ENTER SECURE - the place SECURE - any item DIRECT anyone to assist.
Only limited to 6 hours or warrant is available or refused.
Section 121 S+S act
Stopping vehicles for the purpose of a search.
If grounds to search the vehicle exist, or a warrant is in force for the vehicle.
You may stop the vehicle to conduct the search.
Section 123 S+S act
Seizure of items in plain view.
If you are exercising a search power/lawfully in the place or vehicle and find any item/observe
RGTB you could have seized the item under any search warrant that could have been obtained or any other search power exercisable
Seize the item
Section 45 S+S act - surveillance
Restrictions on trespass surveillance.
Can only be used to obtain evidential material in relation to 7+ year offences or offences against arms act.
Can use trespass surveillance or interception devices.
Section 46 S+S act - Surveillance
and
what you can do
Activities for where a surveillance device warrant is needed.
Observe private property without surveillance device.
Observe private property when investigating for a period not exceeding 3 hours in 24 or 8 hours in total.
Section 47 S+S act - surveillance
Activities that do not require a warrant.
When you are lawfully in private premises and recording what you see/hear without surveillance device.
Conducting audio recording of voluntary oral communication made with consent with at least one person.
Section 48 S+S act - surveillance
Surveillance device warrant need not be obtained for use of surveillance device in situations of emergency or urgency.
This has a 48 hour time limit and 7+ offences or certain arms act offences.
