Search And Surveillance Flashcards
Section 7 emergencies and wanted persons
Entry without warrant to arrest person unlawfully at large
Section 8 , emergencies and wanted persons
Entry with out warrant to avoid loss of offender or evidential material
Section 9 stopping vehicles
Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (impressionable offences).
Section 10 powers re Vehicles
Powers and duties of a constable after vehicle stopped
Section 15 - 14 year offences
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.
Section 16. -14 year offences
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 .
Section 17
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.
Section 18
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.
Section 20
Warrantless search of places and vehicles in relation to some misuse of drugs act. 1975 offences
Section 22
Search person in public place if RGTB drugs/precursors.
Section 27
Search person, public place, if RGTS offensive weapons.
Against s 202A (4) (a) CA1961
Section 28
Enter and search vehicle, public place if RGTS offensive weapons
offence against S202A (4) (a)
Section 29
Stolen property
Enter and search vehicle, public place , if RGTB stolen property.
Section 9
Stopping vehicles
Stop vehicle, to arrest person unlawfully at large or who has committed an offence punishable by imprisonments
Section 30
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.
Section 32
If roadblock is authorised, stop vehicles, require details, if RGTS an offence, search vehicle if RGTB person is in vehicle.
Section 46 (E)
What can you do without a surveillance device warrant?
-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
Threshold grounds for general search warrants
Section 6
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
Two step threshold
Reasonable suspicion
Reasonable belief
Section 48
Surveillance device warrant need not be obtained for use of surveillance device in some situations or emergency or urgency
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
Section 83
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
Section 112
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.
Section 117
Special Powers where application for search warrant pending
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.
Section 45
Restrictions on some trespass surveillance and use of interception devices.
Section 46
Activities for which surveillance device warrant required.
Section 47
Some activities that do not require warrant under this subpart.
Trespass Surveillance means…
Sure eillance that involves a trespass to land or trespass to goods
