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CPK Dec 2023 > Search And Surveillance Act 2012 > Flashcards

Search And Surveillance Act 2012 Flashcards

1
Q

Definitions:

Evidential material

A

Evidence of the offence or any other tangible or intangible, of relevance to the investigation of the offence

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2
Q

Definitions:

Reasonable grounds to believe

A

Having a sound basis for believing that a situation or circumstances actually exist

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3
Q

Definitions:

Reasonable grounds to suspect

A

Having a sound basis for suspecting that a situation or circumstances are likely to exist

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4
Q

Unlawfully at large
5 things

A

WTA/parole recall
Escapee of custody/prison
Mental health patient escaped or on expired leave
Youth absconding from OT custody with youth court
Intellectual Disability care recipient escaped or expired leave

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5
Q

Search and surveillance act 2012

Principles

Lawfulness (3 things)

A

Lawful: warrantless power, warrant power or consent

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6
Q

Search and surveillance act 2012

Principles

Reasonable (section)?

A

S21 of bill of rights act 1990

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7
Q

Search and surveillance act 2012

Principles

Evidence discovered in unlawful search?

A

If evidence still would have been discovered if unlawful search didn’t occur, then may be reasonable/admissable

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8
Q

Search and surveillance act 2012

Principles

Search hierarchy (3 types) + what may happen

A

Consider obtain a SW first. If not practicable then consider a warrantless search. Should you WS rather than consent if possible as consent can be withdrawn at any time.

Use proper method to avoid evidence being inadmissible and may lose evidence

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9
Q

Search and surveillance act 2012

Principles

Decision record

A

Record RGTB / RGTS that were known at the time of the warrantless search

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10
Q

Search and surveillance act 2012

Principles

ID and notice

A

Must provide RAIN. Their right to know unless good reason not to

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11
Q

Search and surveillance act 2012

Principles

Force used

A

Should be reasonable

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12
Q

Search and surveillance act 2012

Principles

Search and seizure witnessed

A

If practicable by another officer, police officer etc

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13
Q

Search and surveillance act 2012

Principles

Seized property MUST be documented

A

Appropriately documented and accounted for

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14
Q

Search and surveillance act 2012

Principles

Inevitable discovery

A

If evidence obtained unlawfully but would have been obtained regardless then this should be considered to be admissible under balancing test. Not admissable as a matter of course

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15
Q

Search and surveillance act 2012

May enter unannounced - S113(2)

A

S14 s and s 2012
CADD
S120 - hot pursuit of offender
If a warning may put police at risk
No person lawfully present
Prejudice entry/search power and ongoing investigations

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16
Q

Search and surveillance act 2012

Powers

Section 7 unlawfully at large

A

Suspect person unlawfully at large and believe person in place / vehicle

Enter without warrant to search and arrest

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17
Q

Search and surveillance act 2012

Powers

Section 8 loss or offender or evidence

A

Suspect person committed crime punishable by imprisonment

Believe person in place / vehicle

Believe If entry not gained person will leave or CADD will occur.

-enter without warrant to search and arrest
-cannot search for evidence until after arrest

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18
Q

Search and surveillance act 2012

Emergency Powers

S14 emergency

A

Suspect (place/vehicle)
-an offence likely to cause injury or serious loss or damage to property OR risk to life or safety of any person

Enter without warrant, take any action to prevent offence or avert emergency

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19
Q

Search and surveillance act 2012

Powers - Serious offences

S15 place

A

-RGTS it’s a 14+ year crime
-believe emergency there
-delay emergency would equal CADD
- URGENCY

enter and search

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20
Q

Search and surveillance act 2012

Powers serious offences

S16 person

A

-RGTS 14+ year crime
-believe emergency
-public place

= search person

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21
Q

Search and surveillance act 2012

Powers serious offences

S17 vehicle

A

-RGTS 14+ year crime
-believe emergency
-public place

= enter and search (if vehicle not in public place, use s15)

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22
Q

Search and surveillance act 2012

Powers arms

S18 arms

A

-RGTS
-Place/vehicle
-cat 3 or 4 offence or arms act
- CADD to cat 3 or 4

= enter and search, seize/detain firearms licence. (Obtain permission from a sergeant or above)

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23
Q

Search and surveillance act 2012

Powers offensive weapons

S28 weapons (vehicle)

A

-RGTS
-offence against s202 crimes act
-vehicle contains knife

= search vehicle

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24
Q

Search and surveillance act 2012

Powers offensive weapons

S27 weapons (person)

A

RGTS
Offence against s202 crimes act
Public place

= search person

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25
Q

Search and surveillance act 2012

Powers offensive weapons

S29 property

A

RGTB
Public place
Stolen property
Vehicle

= enter and search

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26
Q

Search and surveillance act 2012

Powers incidental to arrest

S83 post arrest - place

A

RGTB
Emergency at place
CADD

= enter and search for emergency

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27
Q

Search and surveillance act 2012

Powers incidental to arrest

S84 post arrest (vehicle)

A

RGTB
Emergency at vehicle
CADD

= enter and search for emergency

28
Q

Search and surveillance act 2012

Powers consent

S92 consent

A

Request consent
Prevent offence
Protect life / property
Investigate

= no obligation and may withdraw at any time

29
Q

Search and surveillance act 2012

Powers consent

S93 advice

A

Advise person of reason - they may consent or refuse

30
Q

Search and surveillance act 2012

Powers consent

S94 unlawful

A

Not a s92 purpose
Fail to give advice
They don’t have authority to give consent

31
Q

Search and surveillance act 2012

Powers consent

S94 under 14 year olds give consent?

A

-Cannot give consent
-Unless driving with no passengers over 14
-Can consent to open search

32
Q

Search and surveillance act 2012

Powers consent

S96 exceptions

A

Condition of entry eg sports game
Power by enactment
Affect rule of implied licence to property

33
Q

Search and surveillance act 2012

Powers consent

Implied licence

A

Members of public and police can enter private property to make an enquiry this can be revoked at any time

34
Q

Search and surveillance act 2012

Powers carrying out powers without warrant

S110 search powers

A

Authorises
-enter and search
-request assistance
-use force
-seize anything
-bring and use equipment including their electricity
- Bring police dog
-copy documents
-access computer
-copy intangible material
-take photographs / recordings etc

35
Q

Search and surveillance act 2012

Powers carrying out powers without warrant

115 limitations

A

Any conditions imposed by issuing officer of SW
privilege and confidentiality
Reasonableness

36
Q

Search and surveillance act 2012

Powers carrying out powers without warrant

S113 assist - non police assistants

A

Can enter and search under your supervision
Must accompany their entry
Must give them direction

37
Q

Search and surveillance act 2012

Powers search warrant pending

S117 secure

A

-enter/search
-place/vehicle/thing
-secure any items
-direct any person to assist
-RGTB
-CADD

= 6 hours to obtain search warrant

38
Q

Search and surveillance act 2012

Powers search warrant pending

S118 connection

A

-detain to determine connection
-in, arrives at, stops at, enters etc
-use force if necessary
-detain for a reasonable time

39
Q

Search and surveillance act 2012

Powers search warrant pending

S119 incidental

A

-If searching a place/vehicle
-search any person
-found,arrives, stops
-RGTB evidential material on person or suspect dangerous item and believe immediate action
-search one at a time if one piece of evidential material

40
Q

Search and surveillance act 2012

Powers search warrant pending

S120 pursued

A

-if any person leaves before search completed
-apprehend any person
-enter any place/vehicle to apprehend
-freshly pursuing
-RGTB evidential material in fresh pursuit or their assistant

41
Q

Search and surveillance act 2012

Entry, announcement and ID requirements

S127 Search Warrant Vehicle

A

-search warrant
-vehicle
-enter any place
-RGTB

42
Q

Search and surveillance act 2012

Entry, announcement and ID requirements

S131 RAIN

A

-RAIN
-Copy of warrant

43
Q

Search and surveillance act 2012

Entry, announcement and ID requirements

S131 RAIN exceptions

A

RGTB:
-No person lawfully present
-compliance would endanger safety, prejudice success of search or prejudice ongoing investigations

44
Q

Search and surveillance act 2012

Entry, announcement and ID requirements

116 secure scene

A

-secure place, vehicle (freeze, control, preserve)
-exclude any person
-reasonable direction (RGTB obstruct/hinder)
-RAIN

45
Q

Search and surveillance act 2012

Entry, announcement and ID requirements

112 uncertain status

A

-if unsure whether can be something can be lawfully seized may remove item to see if it can be
-eg. Cocaine (white powder)

46
Q

Search and surveillance act 2012

Entry, announcement and ID requirements

S123 plain view

A

-exercising search power or lawfully there
-may seize any items in plain view
-RGTB you could seize item in SW or any other S + S power
-May apply (SIO?? Unsure on this word)

47
Q

Search and surveillance act 2012

Notice and inventory requirements:

S131 written notice search power

A

-give or leave notice (warrantless search)
-give or leave search warrant copy

48
Q

Search and surveillance act 2012

Entry, announcement and ID requirements

133 seized items notice

A

-at the time or within 7 days provide notice to occupier of items seized or owner of items

Occupier = 14 years old+

49
Q

Search and surveillance act 2012

Road blocks and stopping vehicles

S121 stop and search

A
  • stop to conduct warrantless search
    -stop to execute search warrant

RAN : S129

50
Q

Search and surveillance act 2012

Entry, announcement and ID requirements

S122 move

A

-move vehicle to another place for search or safekeeping if lawful authority
-RGTB necessary to move vehicle for safekeeping

51
Q

Search and surveillance act 2012

Entry, announcement and ID requirements

S128 hold

A

-vehicle to remain stopped for as long as necessary powers to move vehicle for safekeeping

52
Q

Search and surveillance act 2012

Entry, announcement and ID requirements

129 RAN

A

-name (ID)
-act
-REASON

53
Q

Search and surveillance act 2012

Entry, announcement and ID requirements

S9 unlawfully at large - imprisonable offence

A

-Stop vehicle
-arrest
-suspect unlawfully at large imprisonable offence
-believe in vehicle

S129 RAN
S169 notice

54
Q

Search and surveillance act 2012

Entry, announcement and ID requirements

S10 powers

A

-if stopped under 9
-details
-search for evidential material if arrested or flee

55
Q

Search and surveillance act 2012

Entry, announcement and ID requirements

S30 roadblock authorise

A

-RAN, RAIN, S169
-authorised by sgt
-RGBT person in vehicle, RGTS unlawfully at large or imprisonable offence -24 hours
-headed to road block

56
Q

Search and surveillance act 2012

Entry, announcement and ID requirements

S32 road block execute

A

-establish road block at place specified
-stop vehicle
-requirements of imprisonable offence
-search vehicle

57
Q

Search and surveillance act 2012

Entry, announcement and ID requirements

S177 offences

A

-if fail to stop or comply
-arrest

58
Q

Search and surveillance act 2012

Searching people

S16 evidential material public place

A

-RGTB Evidential material
-14+ year offence
-public place

Search without warrant

59
Q

Search and surveillance act 2012

Searching people

S22 drugs

A

-RGTB drugs possession
-RGTS offence

60
Q

Search and surveillance act 2012

Searching people

S85 rub down

A

-Harm
-escape
-immediate post k9

61
Q

Search and surveillance act 2012

Searching people

S88 rubdown evidence

A

-RGTB evidential material
-immediate post K9
-samples bodily - sgt approval and may use strip search

Methods:
Neckswab
Fingernail scraping
Gun residue
Penile swabs

62
Q

Search and surveillance act 2012

Searching people

S11 Custody

A

Money/property

63
Q

Search and surveillance act 2012

Searching people

S125 RAN

A

-Name (ID)
-Act
-Reason

64
Q

Search and surveillance act 2012

Drugs

S19 SW misuse of drugs act 1975

A

-search person found in public / vehicle in relation to a search warrant of offence specified in warrant is misuse of drugs act

65
Q

Search and surveillance act 2012

Drugs

S20 place / vehicle

A

-enter place / vehicle
-RGTB cannot get warrant and drugs there
-RGTS offence against misuse of drugs act
-RGTB CADD

66
Q

Search and surveillance act 2012

Drugs

S21 people = people and vehicle

A

If using s20, may search people there

CPK Dec 2023 (3 decks)

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