Search and Surveillance Act 2012 Flashcards
What’s the definition of a Reasonable search
Complies with section 21 of bill of rights act Considers factors such as : - Nature of the search - How intrusive the search is - Where and when the search takes place
What’s the definition of a lawful search
When a search is conducted
- with a search warrant
- under warrantless search powers
- with a person’s consent
What is section 131
The identification and notice requirement when using a search power to search a place or vehicle
Reason for the search
Act
Intention to enter and search
Name
What is section 110, subsections (c) and (d)
Search power to search places and vehicles
(C) use reasonable force ( on the property only to search and lawfully seize)
(D) seize ( anything that is the subject of the search or anything else that maybe lawfully seized.)
What is section 14
Emergency powers
MAY enter place or vehicle without warrant
And
TAKE ANY ACTION that you have RGTB is necessary to prevent offending from being committed or continuing
OR
There is a risk to the life or safety of any person that requires and emergency response.
It’s an entry power not a search power!
What is section 7
Power to enter a place without warrant to search for and arrest a person if you have
RGTS that person is unlawfully at large and
RGTB the perso is in the place or vehicle.
What does unlawfully at large mean
- Has an arrest warrant in force or
- Has escaped from prison or is absent without leave
- Has escaped from lawful custody
What is section 8
Enter a place or vehicle to search for and arrest a person without warrant if you have
- RGTS that person has committed an offence punishable by imprisonment and for which they may be arrested and
RGTB that the person is there AND
RGTB that if you do not enter immediately either or noth of the following may occur
- the person will leave to avoid arrest
- evidential material for the offence which the person is arrested will be CADD
What does CADD stand for
CONCEALED
ALTERED
DAMAGED
DESTROYED
What is section 83
Search power
If you have arrested (K9) a person for an offence and have RGTB that evidential material relating to the offence is at a place and will be CADD if entry is delayed to obtain a warrant
- you may enter the place the place without warrant to search for evidential material relating to the offence
The arresting officer has to be the one to carry out the search.
What is section 84
After arrested if you have RGTB the evidential material relating to the offence is in the vehicle, you may enter the vehicle without a warrant to search for the evidential material relating to the offence.
What is section 29
Power to search a vehicle without warrant for stolen property
If you have RGTB that any stolen property is in or on any vehicle you may:
- search the vehicle without warrant.
What is section 169
Report use of powers
You do not need to report
- Search of person following arrest/detention (s 85, 88)
- Search of person in lawful custody (s 11)
- A consent search ( s 93)
- the excerise of power of entry (s 14)
What is section 125
Rules and obligations when searching persons
Reason
Act
Name
When exercising a pwer to search you may
- detain for as long as necessary to carry out the search
- search any item the person is wearing or carrying (bag, coat, etc)
Seize anything that can lawfully be seize that the person is carrying or in physical possession of
What is section 92
Search by consent (last option)
You may ask a person to consent to a search of themselves, a place, a vehicle or a thing apparently in their control.
Before conducting must determine if one or more exist
- to prevent the commission of an offence
- to investigate whether an offence has been committed.
What is section 93
Before conducting a consent search
You must
Determine that the search is for a purpose and advise the person of the reason for the search and advise the perso thatvtgey may either consent to be searched or refuse to be searched
They may withdraw their consent at anytime.
What Is section 123
If excercisinga search pwer or conducting a lawful search of a person or in any place or vehicle
You may seize any item you find in the course of carrying out the search or as a result of observation at the place, of you have RGTB you could have seized the item(s) under any search warrant or warrantless power.
What is section 85
Rub down search
To search a person arrested or detained to ensure that the person is not carrying anything to use to :
HARM any person or
FACILITATE THE PERSONS ESCAPE
What is section 88
Rub down search
Warrantless search of arrested or detained person
You must have RGTB before you can
Use any reasonable technique to search for evidential material related to the offence they have been arrested for, also anything they can use to harm any person or facilitate their escape.
What is section 11
Warrantless search of people who are , or are to be locked up in police custody.
Purpose is to remove( for safe keeping) the money or property of a person in custody and to remove items that might be used to harm themselves or others.
( does not allow you to search for evidential material)
What is section 13
Property take from people in locked up police custody.
Must be return when the person is released from custody unless any money or property may be needed to give evidence in proceedings arising out of a charge brought against the person
If person is released from police into custody of another , property must be delivered to the person taking over custody of that person.
If a person refuses to be searched what do you do
Warn the person for obstruction and arrest them if they continue to refuse the search
Under section 88 you may seize anything in a person physical possession or immediate control which is the subject of your search and ….
Anything else tthat may lawfully be seized.
How long can you detain a person to carry put a search
As long as reasonably necessary to carry out the search
Bruce has stolen some chips from the local gas station. You catch him and arrest him, section 88 of the search and Surveillance act 2012 allow you to search him because
You have RGTB that Bruce has evidential material relating to the offence you have arrested him for.
When do you not have to give back a person property or money (section 13 )
If the property or money is required as evidential material
Section 93 what advice must you give someone in relation to consent searches
The search is for the purpose (section 92) to prevent the commission of an offence/ to investigate whether an offence has been committed/ to prevent life or property or to prevent injury or harm to any person
The reason for the search
They can at anytime refuse or withdraw their consent
What is the purpose of section 11
Remove money and property for safe keeping
You have requested Bob come back to the station with you after failing a breath test. what search power do you have
Section 85
You detain a highly intoxicated young female can you search her and which section
Yes you can under section 85 as she is detained.
What is the purpose of section 85
To make sure they arent carrying anything used to harm any person of facilitate their escape.
What are you obligations under section 125
Reason
Act
Name
A reasonable search is one that complies with what section of the bill of rights
Section 21
You are searching a car for a cellphone and find the glove box is locked which section allows you to use force
Section 110 (c) use reasonable force on property to search and lawfully seize
Bob hits sue with a hammer, bob sees police and hides the hammer in the house then leaves, you arrest bo which section allows you to enter the house
Section 83
When can you enter and search a vehicle under section 29 for stolen property
When you have reasonable ground to believe that any stolen property is in or on any vehicle
What must be met in order to search under section 7
RGTS the person is unlawfully at large and RGTB the person is in the place or vehicle.
What section gives you power to use equipment to aid in the search of the place
Section 110
Bring and use and equipment or use any equipment found on place, vehicle or other thing.
What section gives you power to use force to enter a place, vehicle or ther thing
Section 131 may use force to enter if you have RGTB
no person is lawfully present
If complying with RAIN would
Endanger and persons safety or prejudice the successful use of the search and entry power or prejudice ongoing investigations.
Where can you look for a person
Where a person might hide (not in any draws etc)
