SEARCH AND SURVEILLANCE

Question 1

What power does section 16 of the S&S act 2012 relate to?

Answer 1

The search of people in a pulic place without warrant for evidential material relating to certain offences.

Question 2

What certain offences relate to section 16 of the S&S act 2012?

Answer 2

An offence punishable by imprisonment for a term of 14 years or more

Question 3

In relation to section 16 of the S&S act 2012 what must you have reasonable grounds to believe?

Answer 3

That the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more.

Question 4

What are your powers under section 16 of the S&S act 2012?

Answer 4

To search a person without a warrant in a public place.

Question 5

What does section 48 of the S&S act 2012 allow?

Answer 5

Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency.

Question 6

What is the time limit that you are allowed to use a surveillance device without warrant in relation to situations that are set out in subsection (2) of section 48?

Answer 6

48 hours

Question 7

To use the power of section 48 what does (1)(a)&(b) say is a must?

Answer 7

a) he or she is entitled to apply for a surveillance device warrant in relation to those situations; but
b) obtaining a surveillance device warrant within the time in which it is proposed to undertake surveillance is impracticable in the circumstances.

Question 8

In what situations can you use section 48 power?

Answer 8

In an emergency situation or when urgency is required in relation to a 14 year or more offence, and/or in relation to specific (serious) firearm and drug offences.

Question 9

What does Section 48(2) allow you to do?

Answer 9

Not obtain a surveillance device if you suspect that any one or more of the circumstances set out in section 14(2) exist and believe that use of the surveillance device is necessary to prevent the offending from being committed or continuing or to avert the emergency.

Question 10

What does section 14(2) relate to?

Answer 10

a) an offence is being committed or is about to be committed that would be likely to cause injury to any person or serious damage to or serious loss of any property.
b) there is risk to the life or safety or any person that requires an emergency response.

Question 11

When executing a search power of the S&S act under section 131 what must you advise the person?

Answer 11

The reason for the search, the act and your name. In some causes you also need to explain your intention.

Question 12

Define what a private activity means in relation to S&S

Answer 12

A private activity means activity that, in the circumstances any 1 or more of the participants in it can reasonable expect not to be observed or recorded by anyone except the other participant/s.

Question 13

Define unlawful trespass in relation to a warrantless surveillance power.

Answer 13

Would be when you did not have permission from the property owner to be on their property for the purpose of surveilling.

Question 14

What are the three categories of a surveillance devices?

Answer 14

Interception device (bugs)
Tracking device (GPS)
Visual surveillance device (telescope, camera lens)

Question 15

What is your warrentless power under section 7?

Answer 15

Entry without warrant to arrest person unlawfully at large

Question 16

What is your warrentless power under section 8?

Answer 16

Entry without warrant to avoid loss of evidential property

Question 17

What is your warrentless power under section 9?

Answer 17

Stopping a vehicle to avoid loos of an offender or evidential material

Question 18

What is your warrentless power under section 10?

Answer 18

Powers and duty of constable after vehicle stopped

Question 19

What is your warrentless power under section 15?

Answer 19

Entry without warrant to find and avoid loss of evidential material relating to certain offences

Question 20

What is your warrentless power under section 16?

Answer 20

Searching people in a public place without warrant for evidential material relating to certain offences

Question 21

What is your warrentless power under section 17?

Answer 21

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

Question 22

What is your warrentless power under section 18?

Answer 22

Warrantless search associated with arms

Question 23

What is your warrentless power under section 20?

Answer 23

Warrantless search of places and vehicles in relation to Misuse of Drugs Act 1975 offences

Question 24

What is your warrentless power under section 21?

Answer 24

Warrantless search of people found in or on places or vehilces

Question 25

What is your warrentless power under section 22?

Answer 25

Warrantless power to search people for controlled drugs if suspected against the Misuse of Drugs Act 1975

Question 26

What does section 117 of the S&S Act 2012 allow you to do, and in what circumstances can you use?

Answer 26

Enter and secure a place or vehicle of which a search warrant is being sought to enter and search and secure any item or items found in that place or vehicle.
You may do this if you believe there is evidential material in that place or vehicle and you have reasonable grounds to believe that the evidential material will be CADDR before a decision has been granted or refuse with respect to the search warrant.
The powers to enter and secure can only be held for a maximum of 6 hours and if/when the warrant if refused the power is no longer valid.