Search and Surveillance Act 2012 Flashcards
Section 7
Section 7, Search and Surveillance Act 2012.
Entry without warrant to arrest person unlawfully at large.
Rgts that a person is unlawfully at large.
Rgtb that the person is there.
Powers:
Enter the place or vehicle without warrant.
Search the place or vehicle for the person for the purpose of arresting them.
Section 8
Section 8 Search and Surveillance Act 2012.
Entry without warrant to avoid loss of offender or evidential material.
Rgts the person has committed an offence punishable by imprisonment and for which they may be arrested without warrant.
Rgtb the person is in the place or vehicle and if entry is not effected immediately the person will leave to avoid arrest or evidential material will be CADD.
Powers - to enter the place or vehicle.
Search - the place or vehicle for the person for the purpose of arresting them.
Section 9
Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences).
Rgts a person is unlawfully at large, or
Has committed an imprisonable offence.
Rgtb the person is in or on the vehicle.
Powers - stop the vehicle for the purpose of arresting that person.
Section 10
Powers and duties of constable after vehicle stopped.
Rgts a person is unlawfully large or has committed an offence punishable by imprisonment.
Rgtb the person is in on the vehicle.
Powers - Require the person suspected of being unlawfully at large or have committed an offence punishable by imprisonment to supply all or any of his or her name, address, date of birth, or 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 is seen fleeing before they can be arrested.
Section 15 (14 years)
Entry without warrant to find and avoid loss of evidential material relating to certain offences.
Rgts that an offence punishable by imprisonment for a term of 14 years or more has been committed or is being committed or is about to be committed.
Rgtb that evidential material relating to that offence is in that place, and
If entry is delayed in order to obtain a search warrant, the evidential material will be CADD.
Powers - enter a place without warrant.
Search - the place.
Includes a vehicle at an address.
Section 16 (14 years)
Searching people in a public place without warrant for evidential material relating to certain offences.
Rgtb the person is in possession of evidential material relating to an offence punishable by imprisonment for term of 14 years or more.
Powers - To search a person without a warrant in a public place.
Section 17 (14 years)
Warrantless entry and search of a vehicle for evidential material relating to certain offences.
Rgtb that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle.
Powers - To enter a vehicle that is in a public place without warrant and search the vehicle.
Section 18
Section 18
RGTS
Search person and things (incl 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.
Enter and search place or vehicle only when a search warrant is impracticable and reasonable grounds to believe cadd will occur.
Section 21
Search person in a place or vehicle while conducting a section 20 search.
Section 22
Warrantless power to search for controlled drugs and precursor substances if offence suspected against misuse of drugs act 1975.
Search person in public place if RGTB they have drugs/precursor.
Section 27
Searching people in public places without a search warrant if offence against section 202A.
Search person in a public place, if RGTS offensive weapons.
Section 28
Section 28.
Enter and search vehicle in a public place, if RGTS offensive weapons.
Section 29
Enter in search vehicle in a public place if RGTB stolen property.
Section 83
After arrest, arresting officer may enter and search place for evidence if RGTB CADD will occur.
Section 84
After arrest, arresting officer may enter and search vehicle if RGTB vehicle contains evidence.
Section 112
Remove items of uncertain status if within scope of original search power.
Section 117
Secure (not search) the scene until search warrant is obtained (6 hours max) if RGTB CADD may occur.
Section 123
Seize items in plain view, if Police lawfully in a place or vehicle.
Section 121
Power to stop a vehicle to search it with/without warrant.
Section 45
Power to undertake trespass surveillance and use an interception device is punishable by a term of imprisonment of 7 years or more or
Against sections 44, 45, 50, 51, 54, or 55 of the arms act 1983.
Section 46 (e)
Observe private activity without the use of a surveillance device from public areas.
Observe private activity in the curtilage or private premises by means of a surveillance device for a single investigation or a connected series of investigations for-
3 hours in any 24 hour period.
8 hours in total.
Section 125
When searching persons you must ID yourself, state the act and reason for the search, produce ID if not in uniform, BOR and detain, provide inventory,
Section 47
Some activities that do not require a surveillance warrant.
The enforcement officer being lawfully in private premises and
Recording what he or she observes or hears there (only record what you could normally hear).
Covert audio recordings only require consent from 1 of the participants.
Section 48
Surevillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency.
May use a device not exceeding 48 hours if he or she entitled to apply for surveillance warrant but it is impracticable in the circumstances.
