Search and Surveillance Act Flashcards
What is the hierarchy of searches?
- Search with written warrant
- Search with oral warrant
- Warrantless search
- Consensual search
s125 are the rules and obligations when searching persons. What are the obligations?
NAR
- Identify yourself
- State the name of the Act
- State the reason for the search
What is section 85?
Rub-down search of arrested or detained person.
What obligations must you follow when conducting a s85 search?
Section 125 (NAR)
- Identify yourself
- State the name of the Act
- State the reason for the search
What is section 88 of the Search and Surveillance Act?
Warrantless search of arrested or detained person for evidential material.
For a Section 88 search, you must have RGTB there is anything ON or CARRIED by the person that:
- May be used to harm any person
- May be used to facilitate escape
- Is evidential material relating to the offence they’ve been arrested for.
Reasonable grounds to suspect (RGTS)…
Having a sound basis for SUSPECTING a situation or circumstance actually exists.
Reasonable grounds to believe (RGTB)…
Having a sound basis for BELIEVING that a situation or circumstance actually exists.
What is section 11 of the Search and Surveillance Act?
Warrantless searches of people who are, or are to be, locked up in police custody.
What are 3 examples of locked up?
- Interview room
- Cell
- Charge room
What is the purpose of a section 11 search?
To protect the detained persons property and remove items that might be used to harm themselves or others.
What does section 11(3) relate to?
The occasions where you may search a person AFTER being locked up.
What are 4 occasions when you may search a person AFTER being locked up? (s11(3))
- The person was not searched beforehand.
- You reasonably SUSPECT that they have been close to a person who has not been locked up in Police custody.
- You reasonably SUSPECT they have been close to a person who has been locked up but not searched yet.
- You have RGTB the person may have anything that may be used to harm themselves or others.
What are the obligations of a section 11 search?
Use section 125 of the Search and Surveillance Act. (NAR)
- You do not need to comply with s125 if conducting a 11(3) search.
What is section 13 of the Search and Surveillance Act?
Property taken from people locked up in Police custody.
When must money/property be returned to a person for items taken under a s11 search?
Upon release.
- if custody changes, the money/property MUST be delivered to the person taking over custody.
Note: this relates to section 13
What sections of the Search and Surveillance Act 2012 relate to consent searches?
s91 - s96
Do consent searches exercise a search power?
No, there is no requirement to complete an online notification (s169) or comply with the requirements of sections 110, 125 or 131.
What is section 92 of the Search and Surveillance Act?
Purposes for which consent search may be undertaken.
What are the purposes for a consent search? (Must have one or more)
- to prevent the commission of an offence.
- to investigate whether an offence has been committed.
- to protect life or property.
- to prevent injury or harm.
What can people consent to a search of under section 92?
- themselves
- a place
- a vehicle
- a thing apparently in their control
What is section 93 of the Search and Surveillance Act?
Advice that must be given before consent search undertaken.
- determine that the search is for a purpose authorised by s92
And
- advise the person of the reason for the proposed search
And
- advise the person that they may either consent to be searched or refuse to be searched
What is section 94 of the Search and Surveillance Act?
Circumstances where search is unlawful.
- it is not for a purpose set out in s92
- you fail to give the required advice as set out in s93
- consent is given by a person who does not have the authority to consent
Under section 95, what are persons under 14 unable to consent to the search of?
- a place
- a vehicle
- other thing