Search and Surveillance

Question 1

What are the 3 types of searches

Answer 1

Search warrant

Warrantless power (S + S act)

Consent search

Question 2

Section 7 of S+S act

Answer 2

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

Question 3

Define unlawfully at large

Answer 3

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

Question 4

Section 8 of S+S act

Answer 4

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

Question 5

Does section 8 give you the power to search for evidential material?

Answer 5

No. Arrest them and then search.

Question 6

Section 9 of S+S act

Answer 6

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.

Question 7

Section 10 of S+S act

Answer 7

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.

Question 8

Section 15 S+S act

Answer 8

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

Question 9

Section 16 S+S act

Answer 9

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

Question 10

Section 17 S+S act

Answer 10

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

Question 11

What powers are used in relation evidential material for 14+ year offences of a vehicle:
In a public place.
On private property.

Answer 11

Public place: section 17 searching of a vehicle.

Private property: Section 15 entry and search of a place.

Question 12

Section 18 S+S act

Answer 12

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.

Question 13

Section 20 S+S act

Answer 13

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

Question 14

Section 21 S+S act

Answer 14

While conducting section 20, you may search any person inside that place or vehicle.

Question 15

Section 22 S+S act

Answer 15

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

Question 16

Section 27 S+S act

Answer 16

Searching people in public places for knives/offensive weapons etc.
RGTB the person is committing the offence.

Question 17

Section 28 S+S act

Answer 17

Searching vehicles for offensive weapon.

RGTS the person/s have offensive weapon

Question 18

Section 83 S+S act

Answer 18

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.

Question 19

Section 84 S+S act

Answer 19

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.

Question 20

In relation to searching a thing after an arrest, what sections can you search a vehicle in:
Private property
Public place

Answer 20

Private property - Section 83

Public place - Section 84

Question 21

Section 112 S+S act

Answer 21

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.

Question 22

Section 117 S+S act

Answer 22

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.

Question 23

Section 121 S+S act

Answer 23

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.

Question 24

Section 123 S+S act

Answer 24

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

Question 25

Section 45 S+S act - surveillance

Answer 25

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.

Question 26

Section 46 S+S act - Surveillance
and
what you can do

Answer 26

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.

Question 27

Section 47 S+S act - surveillance

Answer 27

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.

Question 28

Section 48 S+S act - surveillance

Answer 28

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.