Search And Surveillance Flashcards
Unlawfully at large definition
Warrant for arrest is in force
UL at large within the meaning of the corrections act or parole act
Prison breaker under 119 of crimes act
Escape from lawful custody under 120 of crimes act
Special or restricted patient within mental health act who has escaped or failed to return
care or special care recipient within the intellectual disability act who has escaped or failed to return
Young person who is subject to order under 311 and has absconded from OT custody
Inevitable discovery
If evidence obtained as result of breach of BOR, and would have been obtained even if breach had not occurred, fact it would have been inevitably found is a factor when determining admissibility under balancing test in section 30 of evidence act. R v Williams 2007, not admissible as matter of course tho
Warrantless powers to search people
11- in custody and about to be locked up
16- found in public place for EM
18- for arm
21,22&23- for drugs
27- for knives and OW
85&88- for arrest or detention
110
Power to seize anything that is the subject of the search or anything else that may be lawfully seized
7
Entry to arrest person UL at large
Suspect
And
Believe in place or vehicle
Enter and search
8
Entry to avoid loss of offender or EM
Suspect imprisonable offence committed And Believe in place or vehicular And Believe if not immediate entry, person will leave or CADD EM Enter and search
Note- not search unless arrested then search incidental to arrest under 83-88
14
Entry to prevent offence or respond to risk to life or safety
Suspect
Place or vehicle
Offence, is or about to be, cause injury or serious loss or damage
Or
Risk to life or safety of any person
Enter
Take action you have reasonable grounds to believe is necessary
15
Entry and search of places to find and avoid loss of EM
Suspect
Offence 14yr+ is or about to be committed
Believe
EM is in place
And
Entry delay to obtain warrant will mean CADD of EM
Enter and search
Power is about urgency. Once passed and scene secure, warrant should then be obtained. Consider 117 if securing not sufficient to preserve EM
16
Searching people in public places for EM
Believe
Person in PP in possession of EM relating to 14yr+ offence
Search
17
Entry and search of vehicles in a public place for EM
Believe
EM relating to 14yr+ offence is in or on vehicle in public place
Enter and search
Use 15 if vehicle not in public place
18
Arms in places or vehicles
Suspect
Arms in any place or vehicle
In respect of cat 3or4 offence or an offence against Arms Act, has, is, or about to be committed
Or
EM in relation to cat 3or4 offence or offence against arm act
May enter
Search
Seize and detain arms or licence found there
Sgt or above approval unless impracticable
28
Searching vehicles for offensive weapons
Suspect
Person travelling in vehicle or who has alighted from it is committing offence in public place against 202(4)(a)
And
Vehicle contains a knife, OW or disabling substance
Search
Disabling substance
Anaesthetising or other substance produced to use for disabling a person, or intended for such use by the person who has it with them
OW
Any article made or altered to use for causing bodily injury, or intended for such use by the person who has it with them
29
Warrantless search of vehicle for stolen property
Believe
Stolen property in or on vehicle
Search
Allows in public place, seek warrant or alternative warrantless if on private property
83
Entry and search of places after arrest
If arrested Believe EM relating to the offence is at a place And If entry delayed to obtain warrant, CADD likely enter and search
Whether or not person arrested there or not
84
Entry and search of vehicles after arrest
If arrested
Believe
EM relating to offence for which arrested is in a vehicle
Enter and search
Consent search notes
Last option- SW or warrantless if can first
Must have reason to justify asking for consent search
Advise reason and can withdraw consent anytime
Under 14 can not consent to search of place, vehicle unless driver and no over 14 present
Exceptions
Search conducted as a condition of entry to any public or private place
Search under a power conferred by an enactment
Entry to property under an implied licence