Search And Surveillance

Question 1

Section 7 emergencies and wanted persons

Answer 1

Entry without warrant to arrest person unlawfully at large

Question 2

Section 8 , emergencies and wanted persons

Answer 2

Entry with out warrant to avoid loss of offender or evidential material

Question 3

Section 9 stopping vehicles

Answer 3

Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (impressionable offences).

Question 4

Section 10 powers re Vehicles

Answer 4

Powers and duties of a constable after vehicle stopped

Question 5

Section 15 - 14 year offences

Answer 5

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

Enter and search place, offence (has, is,about) committed if RGTB CADD will occur.

Question 6

Section 16. -14 year offences

Answer 6

Searching people on public place without warrant for evidential material relating to certain offences (14 yr plus).

Search person in public place, if RGTB person has evidence .

Question 7

Section 17

Answer 7

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

Search vehicle in public place if RGTB vehicle contains evidence.

Question 8

Section 18

Answer 8

Firearms

Warrantless searches associated with arms.

Search person and things (including vehicle) under their control, enter place or vehicle, to search for and seize arms/licence.

Question 9

Section 20

Answer 9

Warrantless search of places and vehicles in relation to some misuse of drugs act. 1975 offences

Question 10

Section 22

Answer 10

Search person in public place if RGTB drugs/precursors.

Question 11

Section 27

Answer 11

Search person, public place, if RGTS offensive weapons.

Against s 202A (4) (a) CA1961

Question 12

Section 28

Answer 12

Enter and search vehicle, public place if RGTS offensive weapons

offence against S202A (4) (a)

Question 13

Section 29

Answer 13

Stolen property

Enter and search vehicle, public place , if RGTB stolen property.

Question 14

Section 9

Answer 14

Stopping vehicles

Stop vehicle, to arrest person unlawfully at large or who has committed an offence punishable by imprisonments

Question 15

Section 30

Answer 15

Roadblocks-

Acting Sgt or above may authorise road block for purpose of arresting person unlawfully at large or whohas committed an offence punishable by imprisonment.

Question 16

Section 32

Answer 16

If roadblock is authorised, stop vehicles, require details, if RGTS an offence, search vehicle if RGTB person is in vehicle.

Question 17

Section 46 (E)

What can you do without a surveillance device warrant?

Answer 17

-Observe private activity WITHOUT the use of a surveillance device from public areas.

• observe private activity in the curtilage of private premises by means of a surveillance device; for a single investigation, or a connected series of investigations, for a period of observation that does not exceed
• 3 hours in any 24 hr period
• 8 hrs in total

Question 18

Threshold grounds for general search warrants

Section 6

Answer 18

An issuing officer must be satisfied that there are reasonable grounds …

• to suspect that an offence specified in the application and punishable by imprisonment has been committed, or is being committed, or will be committed
• to believe that the search will find evidential material in respect of the offence in or on the place, vehicle of thing specified in the application

Question 19

Two step threshold

Answer 19

Reasonable suspicion

Reasonable belief

Question 20

Section 48

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

Answer 20

48 (1)

An enforcement officer may use a surveillance device for a period not exceeding 48 hrs from the time the surveillance device is first used without obtaining a surveillance device warrant.

In these situations-

-14 yr offences has, is , will
And Would obtain evidence of 14 yr offence

• s14 (2) circumstances exist
  And would prevent or avert emergency

-Any 1 or more offences under s18 (2)
And believe the device will facilitate seizure of arms

-Ofcr has RGTB a cat 3-4 offence has taken place against the arms act 1983 is has going to be committed and believe device will obtain evidential material

Question 21

Section 83

Answer 21

Entry without warrant after arrest

If you have arrested someone for an offence
And have RGTB that evidential material will be destroyed, CADD, if entry is delayed to obtain warrant.

Powers-

Enter
Search for evidential material

Includes vehicles

Question 22

Section 112

Answer 22

Items of uncertain status may be seized

If you are exercising a search power

You are uncertain whether an item may be lawfully seized..and is not reasonably practical to determine at the place..

Remove the time for examination or analysis to determine whether it may be lawfully seized.

Question 23

Section 117

Special Powers where application for search warrant pending

Answer 23

If an application for a search warrant is about to be made you may secure the place, vehicle or other thing in respect of the authorisation to enter search is being sought.

You may secure if you believe evidence may be interfered with while awaiting a warrant.

May hold for 6hrs. expires in 6 hrs.

117 expires once warrant executed or refused.

Question 24

Section 45

Answer 24

Restrictions on some trespass surveillance and use of interception devices.

Question 25

Section 46

Answer 25

Activities for which surveillance device warrant required.

Question 26

Section 47

Answer 26

Some activities that do not require warrant under this subpart.

Question 27

Trespass Surveillance means…

Answer 27

Sure eillance that involves a trespass to land or trespass to goods