Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Sergeants CPK Aug 21 Syllabus > Search and Surveillance Act 2012 > Flashcards

Search and Surveillance Act 2012 Flashcards

1
Q

To ensure a search is lawful, it must be conducted with either of 3 options

A
  • warrantless search power
  • search warrant
  • consent search
  • if a search power exists, that power should be used rather than relying on a consent search as consent may be withdrawn
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

If a breach of the bill of rights act occurred but the evidence that was discovered and would have been discovered anyway if not for the breach, is the evidence still admissible?

A

It is not admissible as a matter of course but it is a factor to be taken into account

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

If a search is conducted and search hierarchy is not observed where a search was conducted when the opportunity existed to obtain a warrant, what may the search be deemed as?

A

Unreasonable

You may lose evidence or any evidence could be deemed inadmissible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What 6 warrantless search powers are there for searching people?

A
  • in custody or about to be locked up (s11)
  • found in a public place for evidential material (s16)
  • for arms (s18)
  • in relation to drugs offenses (s21,22,23 & 81)
  • for knives, offensive weapons or disabling substances (s27)
  • after arrest or detention (s85, 88)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

In relation to a place or vehicle, if a person is unlawfully at large you must have reasonable grounds to…

And may do….

Section 7

A

SUSPECT a person us unlawfully at large and BELIEVE they are in a place or vehicle

You may enter the place or vehicle without warrant and search for the person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What does unlawfully at large mean?

A
  • has a warrant to arrest (excludes fines warrants)
  • has escaped from prison or is absent without leave
  • has escaped lawful custody
  • is a special or restricted patient and has escaped or is absent without leave
  • is in care or special care (intellectual disability) and has escaped or failed to return
  • is a youth subject of a youth court “supervision with residence” order and they are absconding from a CYF custody
  • an offender who has breached bail but is not subject to a warrant is not unlawfully at large
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When can you enter a place or vehicle without warrant to prevent CADD?

Section 8

A

When you SUSPECT that a person has committed an arrestable offense, BELIEVE the person is in the place/vehicle and BELIEVE that if immediate entry is not gained the person will leave or evidence will be concealed, altered, destroyed, damaged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

When arresting a person under section 8 S&S Act, what may you not do with that section?

A

Search for evidence

It only applies to searching for and arresting a person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

In what situation would section 14 apply?

A

If you suspect and offence is being or is about to be committed that is likely to cause injury to any person or serious loss/damage to any property
Or
Ther risk a risk to the life or safety or any person that requires an emergency response

You may
Enter and fake any action you belive reasonably necessary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

When can you enter and search a place without warrant to avoid loss of evidential material?

Section 15

A

If you SUSPECT a 14 year offense has been, is being or is about to be committed
And
you BELIEVE evidence is in the place
And if entry is delayed CADD

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

You can search person under section 16.
Where must they be?
What are you searching for?

A

In a public place
For evidential material

BELIEVE in possession of evidence relating to 14 year offense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

You can search a vehicle under section 17.
Where must they be?
What are you searching for?

A

In a public place for evidence

BELIEVE evidence of a 14 year offense is in or on a vehicle in a public place

May enter and search

  • if vehicle is not on a public place, use section 15
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What does section 18 relate to and what can you do with it?

A

Arms in places or vehicles

If SUSPECT there are arms in any place or vehicle where an offense against the arms act (or evidence of) has been, is being or is about to be committed

May enter, search and seize without warrant
Includes searching people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does section 18 relate to and what can you do with it?

A

Arms in places or vehicles

If SUSPECT there are arms in any place or vehicle where an offense against the arms act (or evidence of) has been, is being or is about to be committed

May enter, search and seize without warrant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Where must you obtain approval for a warrantless search for arms unless impracticable to do so?

A

A sergeant or above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Section 28 of the Crimes Act allows you to search what for what?

A

Vehicles - if SUSPECT a person traveling in or alighting from is committing an offense against the crimes act 202A (offensive weapons public place)
AND
the vehicle contains a knife, offensive weapon or disabling substance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the definition of a disabling substance?

A

Any anaesthetising or other substance produced to use for disabling a person or intended for such use

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the definition of an offensive weapon?

A

Any article that gas been made or altered to use for causing bodily injury, or intended for such use by the person who has them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What can you do under section 27?

A

Search a person for offensive weapons when SUSPECT offense committed in public place

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

If you’re searching a vehicle under section 29, what would you be searching for and where would it be?

A

Search a vehicle in a public place if BELIEVED to contain stolen property

*if on private property you should seek a search warrant or use other warrantless power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

If you have arrested a person, what does section 83 allow you to do at a place?

A

Entry and search of places after arrest

If BELIEVE evidential material of that offence and fear of CADD may enter and search a place after the person has been arrested (whether or not arrested there)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

If you have arrested a person, what does section 84 allow you to do with a vehicle?

A

Entry and search of vehicles after arrest

If BELIEVE evidential material of that offence may enter and search a vehicle after the person has been arrested

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What are the 5 steps for use of warrantless powers and reporting?

A
  1. Obtain prior approval from a sergeant or above where applicable (eg. Sect 18 - arms)
  2. Provide written notice to the person with inventory of items seized. Or complete and leave in prominent place if no one there.
  3. Notebook record of use of warrantless power and resons for it
  4. Record use of powers in OnDuty app
  5. Where applicable record in TenOne Notifications to notify relevant groups eg. drugs, firearms, youth etc
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Under consent searches, who cannot give consent for searching a place, vehicle or other thing?

A

Anyone under 14 years of age unless found driving the vehicle with no passenger over 14 years of age

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What are 3 exemptions to consent search rules? Section 96

A
  • search conducted as a condition of entry to any public or private place
  • search conducted under a power conferred by an enactment
  • entry yo property under implied license
26
Q

What are 4 reasons for a consent search (sect 92) of a person or any vehicle/place/other thing apparently under their control?

A
  1. Prevent commission of an offence
  2. Protect life or property
  3. Investigate whether an offense has been committed
  4. Any purpose in respect of which you could exercise a power of search if you held a particular suspicion or belief specifid in the enactment
27
Q

Under section 93, what advice must you give to a person prior to a consent search?

A
  • The reason for the search
  • That they may consent or refuse consent to the search
  • good practice is to identify yourself by name, give reason for search and if not in uniform produce evidence of identity
28
Q

A consent search is unlawful in what 3 situations?

A
  • If it’s not for purposes set out in section 92
  • You fail to give the required advice in section 93
  • You undertake the search relying on consent given by a person who doesn’t have authority to give it - section 94
29
Q

In relation to consent searches, what is section 95?

A

It does not prevent a person under 14 giving consent for a search of anything in their immediate possession or control

30
Q

What is implied license?

A

An assumption that members of the public and police can enter a private property (eg to knock on the door) if necessary to make an inquiry of the occupier.
Such implied license can be revoked at any time

31
Q

If a person consents to themselves being searched, what items could this searched be extended to (provided consent is granted)?

A

Any item that the person is wearing (eg jacket, bag) or an item that is in the person’s physical possession or immediate control

32
Q

Under section 110, what police actions are authorized by search powers?
(10)

A
  • enter and search
  • request assistance
  • use reasonable force in respect of property
  • seize anything subject to the search
  • use equipment including electricity from thr place, vehicle or other thing
  • bring and use a trained law enforcement dog
  • copy documents that may lawfully be seized
  • access a computer system or data storage device
  • copy intangible material
  • take photos, sound and video recordings and drawings
33
Q

In section 115, what limits the search powers in section 110?

A
  • any conditions imposed by the issuing officer when issuing a search warrant
  • the privilege and confidentiality provisions in the act
34
Q

Under section 113, when using another person to assist in a search, what must you do?

A

Unless they are another constable you must

  • accompany them when they first enter the place/vehicle/other thing
  • provide reasonable supervision of them
35
Q

Under section 117 you may secure a scene/ vehicle/other thing while an application for a search warrant is made.
You may exercise this power until the first of the following has occurred…

A
  • the expiry of 6 hours from when the power was first exercised
  • the search warrant is available for execution
  • the application for the search warrant is refused
36
Q

When exersizing a search power in relation to a place or vehicle, what may you do under section 118?

A

Detain any person there, arriving there, stopping there, or attempting to enter, to determine whether there is a connection between them and the object of the search

  • may detain for a reasonable period but no longer than the search
  • must take active steps to determine whether connected as soon as practicable
37
Q

What may you do under section 119?

A

Search any persons at a place or vehicle when searching that thing.

If they are found at, arrive at, stops at, tries to enter and you BELIEVE evidential material is on that person or SUSPECT that person is in possession of an item that poses a threat to safety and immediate action is needed

38
Q

What my you do under section 120 if a person leaves the scene before you are able to start or finish the search?

A

Fresh pursuit

Apprehend the person
Enter any place or vehicle to apprehend the person

if you have:

Been freshly pursuing
And
You have reasonable grounds to believe that the evidence is still on that person

39
Q

If a search warrant authorizes the entry of a vehicle, may you enter the property/premises that you have reasonable grounds to belive that the vehicle is located at?

A

Yes

Section 127

40
Q

-What must you do before initial entry into a place/thing to be searched? (s131)
and
-Either before or on initial entry, provide the occupier with what?

A
  • Announce your intention to enter and search the place/vehicel/thing under what statutory power
  • Identify yourself by name or unique identifier
  • If not in police uniform, provide evidence of identity

and

  • A copy of the search warrant
    Or
  • Under a warrantless search or secure the scene if the warrant is pending, state the name and enactment and purpose for search IF REQUESTED
41
Q

What is section 112 and what can you do with it?

A

Seizure of items of uncertain status

-legally seize items for analysis or examination to determine whether they are connected to the reason for the search

42
Q

What can you do with section 123?

A

Seize items in plain view if you believe that you could have seized the items under a warrant or other powein in the S&S Act

43
Q

What may you do under s121?

A

Stop vehicles for a search if you believe grounds exist to search the vehicle

43
Q

Section 121 is a stopping power. When would you use this?

A

To stop vehicles for a search if you believe grounds exist to search the vehicle

44
Q

What can you do under s122 in relation to vehicle searches?

A

Move a vehicle

If you find or stop a vehicle and have lawful authority to search a vehicle but it is unpredictable at that place
or
Reasonable grounds to belive it is necessary for safe keeping

45
Q

Section 128 states that drivers have a duty to remain stopped for police. How long must they remain stopped for?

A

-as long as is reasonably necessary to exercise any powers in respect of the vehicle or its occupants

46
Q

What must you do under section 129 if searching a vehicle? (4 things)

A
  • identify yourself to the driver
  • state the name and enactment under which the search is taking place
  • reason for search
  • if not in uniform, provide evidence of your identity
47
Q

Under section 9 you stop and search a vehicle to arrest a person. Which 3 things must you satisfy before you can do that? (Suspect/believe)

A

Stop (and search) a vehicle to arrest a person if you have reasonable grounds to suspect that a person:

  • is unlawfully at large or
  • has committed an imprisonable offense

If you BELIEVE the person is in that vehicle

48
Q

Under section 10, what must you do before searching a vehicle that was stopped under section 9?

A

If the driver is not the person being searched for, you must notify them of the object of the search

49
Q

Under section 10, what must you do before searching a vehicle that was stopped under section 9?

A

If the driver is not the person being searched for, you must notify them of the object of the search

50
Q

What authorize a road block under section 30?

A

Someone holding the rank of sergeant or above or anyone acting in that role

51
Q

How long may a road block be authorized for under section 41?

A

A period not exceeding 24 hours but can be renewed by a district court Judge for a further period not exceeding 24 hours

52
Q

When a roadblock is authorized, any constable may do any of these 4 things…
Section 32

A
  1. Establish a road block at the place authorized
  2. Stop vehicles in the vicinity of the roadblock
  3. Require particulars of anyone in a vehicle stopped if grounds to suspect they have committed an offence
  4. Search a vehicle for person who has committed an offense (ex fines warrant) or unlawful at large if believed in the vehicle
53
Q

If a person fails to remain stopped under section 128, what may you do?

A

Arrest (section 177)

54
Q

Under section 16, if you searched a person in a public place, what would you be looking for?

A

Evidential material for an offense punishable by 14 years or more
(Believe)

55
Q

Under section 11, when may you search a person?

A

When they are, or are about to be locked up
Are at a police station
Or are about to be placed in a police vehicle

56
Q

If a section 11 search has been completed and a person has been locked up, when may a further section 11 search be completed?

A

If the person has been transported to a new station

Preferably, use section 85 or 88 for any subsequent search

57
Q

Under section 85 you may searcha person who has been detained. What would you be searching for?

A

If they are detained to ensure that they are not carrying anything that may cause

  • harm to anyone (including themselves)
  • facilitate their escape
58
Q

Why would you be searching a person under section 88?

A

If they are detained/arrested and you belive that they are carrying something that may cause

  • harm to anyone (including themselves)
  • facilitate their escape
  • is evidential material for the offense that they were arrested for
59
Q

A search under section 88 for the purpose of seizing samples from the external body of an arrested person must be approved by who?

A

A sergeant or above

60
Q

When completing a rub down search, you may require the person to do what (3 things)?
Section 85

A

Open their mouth
Display their palms or soles of their feet
Lift or rub their hair

Sergeants CPK Aug 21 Syllabus (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions