Search and Surveillance Act 2012 Flashcards
Evidential Material definition
Evidence of the offence (tangible or intangible) or any item relevant to the investigation of the offence.
3 types of search (to be lawful)
*Warrantless power
*Search warrant
*Consent
Unlawfully at Large definition
*Has an arrest warrant
*Has escaped from prison, or absent without leave
*Has escaped lawful custody
*Special care recipient and has escaped/failed to return from leave
*Young person who escapes CYF custody
Sec.7 SASA 2012 (Warrantless)
Entry to arrest person unlawfully at large
*RGTS
*Person unlawfully at large; AND
*RGTB person in place or vehicle
*May enter to search for and arrest person
Sec.14 SASA 2012 (warrantless)
Emergency Powers to ENTER
*RGTS
*Offence being/about to be committed
*Likely to cause injury/serious loss/damage to property; or
*Risk to life/safety of any person requiring emergency response
*May
- Enter place/vehicle
- To prevent offending/avert emergency
Note - Sec.14 is a power of ENTRY, not search
Sec.15 SASA 2012 (warrantless)
Entry and Search to avoid loss of evidential material
*RGTS
*Offence 14 years + imprisonment
*Has, is, or about to be committed; AND
*RGTB EM re. offence is in that place; AND
*Entry delayed to obtain s/warrant EM will be CADD
Note - Sec.15 is about urgency
Can a person UNDER 14 years consent to a search of a place, vehicle, thing?
No. Only if found driving a vehicle without a passenger of/over 14 years.
Note - U/14 can consent to search of themselves or anything in their possession/control
Consent search - Key points
*Must have reason to justify consent
*Must advise person of reason
*Person can withdraw consent at any time
Sec.16 SASA 2012 (warrantless)
Search person in public place (for evidential material)
*RGTB
*Person in public place
*In possession of EM re. offence 14 years + imprisonment
Sec.17 SASA 2012
Enter and search vehicles in public place (for evidential material)
*RGTB
*EM re offence 14 years +
*Is in/on vehicle in a public place
*May enter and search vehicle without warrant
Sec.18(1) SASA 2012 (warrantless)
Firearms in any place or vehicle
*RGTS
*1 or more circumstances in 18(2) exist
*May enter place/vehicle
*to search, seize and detain any firearms or licence
*(3) includes EM re. offence against Arms Act
Sec.18(2) SASA 2012 (warrantless)
Circumstances for person carrying, in possession or control of firearms
(a) Breach of Arms Act 1983; or
(b) Because of physical/mental condition
- is incapable of proper control; or
- may kill or cause bodily injury to any person; or
(c) Protection Order of PSO in place; or
- grounds exist to apply for Protection Order
Sec.27 SASA 2012 (warrantless)
Search person for offensive weapon
*RGTS
*Person in a public place
*Is committing offence against Sec.202A(4)(a) CA61
*May search the person
Note - includes knife, offensive weapon, or disabling substance
Sec.28 SASA 2012 (warrantless)
Search vehicle for offensive weapon
*RGTS
*Person in a vehicle/alighted from it
*Is committing offence in public place against Sec.202A(4)(a) CA61; and
*Vehicle contains knife, offensive weapon, or disabling substance
*May enter and search vehicle
Note - Sec 27 applies to searching person in public for offensive weapon
Sec.29 SASA 2012 (warrantless)
Search vehicle for stolen property
*RGTB
*Stolen property
*In/on vehicle
*In public place
*May enter and search vehicle
Offensive Weapon definition
Any article made/altered to use for causing bodily injury, or
Intended for such use by person who has it
Sec.117 SASA 2012
Search warrant pending
*If warrant application about to be made; or
*Has been made, but not yet granted/refused; AND
*RGTB EM will be CADDR if entry delayed
*May enter and secure place, vehicle, thing
Note - expires within 6 hours of exercising power, or warrant granted, or refused
Sec.118 SASA 2012
Power of Detention
*If exercising search power re place/vehicle
*May detain any person
*To determine if connection between them and object of search
Note - may be detained for reasonable period to determine if a connection between them and the search
Sec.119 SASA 2012
Power to search person at place or vehicle
*May search any person at place or vehicle; or
*Who arrives at place, tries to enter vehicle
*If RGTB evidential material re search is on that person; or
*RGTS person in possession of dangerious item that poses threat and you believe immediate action necessary
Note - exception is when searching place/vehicle for drugs, may search any person at the scene as a matter of course
Exceptions to announcing entry and giving reasons for search
*No person present in place/vehicle to be searched
*Endanger the safety of any person
*Prejudice ongoing investigation
Is SRBA alone classed as ‘in uniform’?
No. Must also produce ID and inform occupants name, rank etc.
Sec.112 SASA 2012
Items of Uncertain Status
*When exercising a search power
*May seize item for examination to determine whether it may be seized lawfully
Note - this is a removal power to determine if the item found is the actual item you are searching for
Sec.123 SASA 2012
Items in Plain View
*When exercising a search power; or
*lawfully in any place/vehicle; or
*searching any person; may
*Seize any item found if RGTB could have seized item with warrant/any other search power
Sec.131-133 SASA 2012
Written notices when exercising search power
*Must give/leave a copy of the warrant to/for the owner/occupier
*If warrantless search a copy of Notice to person present
*As soon as practicable, within 7 days, inventory of items seized
Note - exceptions include endanger the safety of any person, prejudice ongoing investigation
Sec.121 SASA 2012
Stopping Vehicles to search With or Without warrant
With warrant - if warrant issued and in force
Without warrant - if satisfied reasonable grounds exist to search with warrantless search power
Must
- ID self/produce ID if not in uniform
- state enactment and reason for search
Sec.122 SASA 2012
Moving vehicle for search or safekeeping
*May move a vehicle for searching or safekeeping; IF
*Have lawful authority to search, but impractical to do so at that place; or
*RGTB necessary to move vehicle for safekeeping
Sec.128 SASA 2012
Duty to remain stopped
*May require vehicle to remain stopped
*For as long as reasonably necessary
*For exercise of any powers in respect of
-the vehicle, or occupants
Sec.129 SASA 2012
What must you do immediately after stopping a vehicle?
*ID self to driver
*Produce ID if not in uniform
*State enactment and reason for search (unless impractical)
Note - unlawfully at large includes
- warrant to arrest
- escaped lawful custody
- mental health patient absent without leave
Sec.9 SASA 2012
Stopping Vehicles without warrant to arrest
*RGTS person unlawfully at large, or committed imprisonable offence; AND
*RGTB person in vehicle;
*May stop and search vehicle for that person
Sec.30 SASA 2012
Establishing a road block to stop vehicle to arrest person (warrantless)
*Senior Constable (Sgt or above) may est. roadblock if:
*RGTB person in a vehicle; and
*RGTS person
- has committed imprisonable offence; or
- unlawfully at large; AND
*suspect vehicle will travel past proposed roadblock; AND
*satisfied safety of all road users will be ensured
Sec.30 SASA 2012
Who is authorised to establish a road block?
Sergeant or above
What must you do if you authorise a road block?
Keep a written record of
- location
- period for and grounds on which authorisation granted/renewed
Sec.32 SASA 2012
What may any constable do once a road block is authorised?
- Establish road block
- Stop vehicles
- Require particulars of any person in/on vehicle
- Search vehicle for person who is u/l at large or committed imprisonable offence (Sec.30)
Note - may require vehicle to remain stopped for as long as reasonably necessary (Sec.128)
How long is a road block authorised for?
*valid initially for period not exceeding 24 hours
*renewed in writing by DC Judge for further period of 24 hours
Who should you obtain permission from before searching a person for firearms (SASA 2012/Family Violence Act 2018)?
A Sergeant or above
*unless impractical in the circumstances
Note - possession also includes firearms under the persons control at some other location
Sec.11 SASA 2012 (persons in Police Custody)
What is the primary purpose of this search?
To protect the detained person
*from items that may harm them;
*and to protect their property;
Note - this is not a search to seize evidential material
Sec.88 SASA 2012 (warrantless)
External search of arrested or detained person
*May search person arrested/detained IF
*RGTB
*Any thing on/carried by them may be
- used to HARM any person
- used to FACILITATE ESCAPE
- EVIDENTIAL MATERIAL relating to offence for which detained
Note - this relates to an External search of a person’s body; AND
- if person does not consent, use of force may render search unreasonable
Who may authorise an external search of an arrested or detained person under Sec.88 SASA 2012 (warrantless)?
Sergeant or above.
When exercising a power to search a person, can you take photographs or video?
Yes, if RGTB the photographs/video may be relevant to the purpose of the search.
