SEARCH AND SURVEILLANCE

Question 1

SECTION 7

Answer 1

Enter place or vehicle to search for and arrest a person who is unlawfully at large

Question 2

SECTION 8

Answer 2

Enter place or vehicle to search for and arrest a suspect to avoid loss of offender or avoid CADD.

Question 3

WHAT IS CADD?

Answer 3

Conceal, alter, damage or destroy

Question 4

SECTION 14

Answer 4

Enter place or vehicle and take any action to prevent offence (injury or serious damage) or as an emergency response if risk to life or safety

Question 5

SECTION 120

Answer 5

If a person or vehicle leaves before a search is completed you may enter a place to apprehend the person or vehicle if the person is freshly pursued and there is RGTB there is evidence

Question 6

WHAT SECTION ALLOWS POLICE TO ENTER AND SEARCH A PLACE OR VEHICLE FOR SOMEONE UNLAWFULLY AT LARGE?

Answer 6

Section 7

Question 7

WHAT SECTIONS ARE USED FOR EVIDENCE RELATING TO 14+ OFFENCES?

Answer 7

Sections 15, 16 and 17

Question 8

SECTION 15

Answer 8

Enter and search a place if a 14+ offence has been or is about to be committed if RGTB CADD will occur

Question 9

SECTION 16

Answer 9

Search a person in a public place in relation to a 14+ offence if RGTB the person has evidence

Question 10

SECTION 17

Answer 10

Enter and search a vehicle in a public place is RGTB vehicle contains evidence relating to a 14+ offence

Question 11

WHAT ARE THE REQUIREMENTS WHEN EXERCISING A SEARCH POWER UNDER S+S?

Answer 11

S131 Search and Surveillance Act 2012

• identify yourself by name or unique identifier
• announce your intention to enter and search
• state the Act unless impracticable
• explain the reason for the search or provide a copy of the search warrant
• if not in uniform provide evidence of ID
• use reasonable force to enter/search
• promptly provide inventory of items seized
• provide written notice

Question 12

WHAT SECTION GIVES POLICE POWERS TO SEARCH FOR FIREARMS?

Answer 12

Section 18

Question 13

SECTION 9

Answer 13

Powers:

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

Question 14

WHAT IS THE DEFINITION OF ARMS?

Answer 14

Any firearm, airgun, pistol, restricted weapon, imitation firearm or explosive (as defined in S2 Arms Act 1981) or any ammunition

Question 15

EVIDENTIAL MATERIAL

Answer 15

Means evidence of the offence or any other item tangible or intangible or relevance to the investigation of the offence

Question 16

WHAT IS A SURVEILLANCE DEVICE?

Answer 16

A device that is any one of the following kinds of devices:

• an interception device
• a tracking device
• a visual surveillance device

Question 17

UNLAWFULLY AT LARGE

Answer 17

A person who:

• has an arrest warrant in force
• has escaped from prison or who is absent without leave
• has escaped from lawful custody
• is a special patient or a restricted patient and has escaped or has failed to return from leave
• is a care recipient or special care recipient (with an intellectual disability) and has escaped or has failed to return from leave
• a ‘young person’ who is the subject of a Youth Court ‘Supervision with residence’ order and they are absconding from CYFS custody

Question 18

VISUAL SURVEILLANCE DEVICE

Answer 18

Any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment or other device that is used of is capable of being used to observe or to observe and record a private activity.

Question 19

SECTION 10

Answer 19

Powers when vehicle stopped incidental to S9.

• Require the person suspected of being unlawfully at large or having committed an imprisonable offence to supply any or all of his or her name, address, DOB, other contact details
• Search the vehicle for the 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 before they can be arrested