Search And Surveillance Act 2012 Flashcards
What is section 125 of the search and surveillance act 2012?
To state obligations - PEOPLE
NAR
(Name, Act, Reason)
What is section 85 of the search and surveillance act 2012?
A rubdown search
Harm any person or facilitate their escape.
What is section 88 of the search and surveillance act 2012?
An evidential material search
Harm any person/facilitate their escape and a evidential material search.
What is section 92 of the search and surveillance act 2012?
A consent search.
Prevent offence, investigate offence, protect life/property, prevent harm and injury.
What is section 93 of the search and surveillance act 2012?
The advice given before a consent search.
Determine the reason for the search is a reason set out in section 92 (consent search)
Advise the reason for the search, and that they MAY REFUSE the search.
What is section 94 of the search and surveillance act 2012?
An unlawful consent search
Not for a purpose set out in 92
Failed to give 93 (Advice given before the search)
Consent for the search from someone who doesn’t have a authority to consent.
What is section 95 in the search and surveillance act 2012?
A person under 14 years of age is unable to consent to a search of a place or vehicle
UNLESS driving alone
What is section 131 of the search and surveillance act 2012?
To state obligations - PLACES AND VEHICLES
NAR
(Name, Act, Reason)
What is section 110 of the search and surveillance act 2012?
Powers incidental to searching
BUSTER
Bring and use stuff
Use assistance
Seize stuff
Take stuff
Enter and search
Reasonable force used on property
What does section 14 of the search and surveillance act 2012?
A warrantless emergency entry
- A risk to life
What is section 169 of the search and surveillance act 2012?
Reporting the use of powers
Warrantless searches other than the section 14 emergency search power MUST be reported under section 169.
Any consent searches or searches in custody do not need to be reported.

What does section 7 of the search and surveillance act 2012?
A warrantless entry power to arrest a person unlawfully at large.
If this power is used, it must be reported under section 169.
What is section 8 of the search and surveillance act 2012?
Warrantless entry to avoid loss of an offender or evidential material from being CADD
(Concealed, altered, damaged, destroyed
If this search power is used, it must be reported under section 169.
What is section 28 of the search and surveillance act 2012?
Warrantless power to search vehicle for offensive weapons in a public place.
If this power is used, it MUST be reported under section 169.
What is section 29 of the search and surveillance act 2012?
A warrantless power to enter a vehicle to search for stolen property in a public place.
If this power is used, it must be reported under section 169.
What is section 83 of the search and surveillance act 2012?
A warrantless power to enter a place after an arrest to search for evidential material, and to prevent it from being CADD
If this power is used, it must be reported under section 169.
What is section 84 of the search and surveillance act 2012?
A warrantless power to enter a vehicle after an arrest to search for evidential material and to prevent it from being CADD
If this power is used, it must be reported under section 169.
What is section 18 of the search and surveillance act 2012?
A warrantless search associated with arms.
A constable who has reasonable grounds to suspect that he or she is in breach of the arms act 1983 may without warrant enter a place or vehicle, search it, and seize any arms or firearms license found there.
This power also comes under the family violence act 2018.
If a protection order or a police safety order is in force against this person or their are grounds to make an application against him or her.
If this power is used, it must be reported under section 169.
What is section 129 of the search and surveillance act 2012?
To state Obligations - VEHICLES
NIAR
(Name, intent, Act, reason)
What is section 9 of the search and surveillance act 2012?
Power to STOP a vehicle to find a person unlawfully at large or a person who has committed and imprisonable offence.
What is section 10 of the search and surveillance act 2012?
Powers AFTER stopping vehicle to find person unlawfully at large or committed in imprisonable offence
Demand details
Search for person unlawfully at large or person who has committed in imprisonable offence.
Search for evidential material after K9 or flees from vehicle.
What is section 121(1) of the search and surveillance act 2012?
A WARRANTLESS power to stop and search vehicle.
What is section 121(2) of the search and surveillance act 2012?
WARRANT to stop and search vehicles.
What is section 122 of the search and surveillance act 2012?
Moving vehicle for search for safekeeping.