Search And Surveillance Act 2012 Flashcards

1
Q

What is section 7 of the search and surveillance act 2012?

A

Entry without warrant to arrest person unlawfully at large if RGB they are present

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2
Q

What is section 9 of the search and surveillance act 2012?

A

Stopping a vehicle to find persons suspected to be unlawfully at large or who have committed an imprisonable offence and believe that they may be in or on the vehicle.

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3
Q

What is section 10 of the search and surveillance act 2012?

A

Once the vehicle is stopped under section 9, a constable may require any person in or on the vehicle who is believed to be unlawfully at large or to have committed an imprisonable offence to provide their Name, Address, Date of birth, phone or email.

A constable may also search the vehicle to locate the person if they believe they are in or on the vehicle.

Search the vehicle for evidential material in relation to the imprisonable offence if the person has been arrested or is seen fleeing from the vehicle before he or she can be arrested.

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4
Q

What is section 14 of the search and surveillance act 2012?

A

Warrantless entry to prevent an offence or respond to risk to life or safety (emergency power)

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5
Q

What is section 18 of the search and surveillance act 2012?

A

Warrantless searches associated with firearms

If you believe any person is in breach of the arms at 1983 or the physical or mental condition is impaired you may
– search person
– search anything in the persons position or under has her control (including a vehicle)
– Enter a place or vehicle to carry out any activity As mentioned in the first two points
– seize and detain any arms found
– seize and detain any license under the arms act 1983 that is found.

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6
Q

What is section 20 of the search and surveillance act 2012?

A

Warrantless search of places and vehicles in relation to some misuse of drugs at 1975 offences

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7
Q

What is section 21 of the succession surveillance act 2012?

A

Warrantless searches of people found in or on places or vehicles to which section 20 has been invoked

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8
Q

What is section 22 of the search and surveillance act 2012?

A

Warrantless power to search a person for controlled drugs and precursor substances if offence suspected against misuse of drugs at 1975

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9
Q

What is section 27 of the search and surveillance act 2012?

A

Searching people in public places without search warrant if an offence against section 202A(4)(a) of crimes at 1961 is suspected

(Possession of a knife, offensive weapon, or disabling substances)

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10
Q

What is section 28 of the search surveillance act 2012?

A

Stopping and searching vehicles without warrant if an offence against section 202A (possession of knives, offensive weapons and disabling substances) of the crimes act 1961 is suspected.

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11
Q

What is section 29 of the search and surveillance act 2012?

A

Power to search vehicles without warrant for stolen property if RGB is contains said property

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12
Q

What is section 30 of the search and surveillance act 2012?

A

Obtaining authorisation for warrantless Road block. Must be obtained from a A/sergeant or above.

Can be obtained orally and in writing.

Must believe a person is in the vehicle who you suspect is unlawfully at large or has committed an imprisonable offence.

A constable must suspect the vehicle will travel past the road block and is satisfied that other road uses are safe

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13
Q

What is section 31 of the search and surveillance act 2012?

A

A road block issued under section 30 is valid for a period not exceeding 24 hours.

It may be renewed by a district court judge for a single further period not exceeding 24 hours and in writing.

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14
Q

What is section 32 of the search and surveillance act 2012?

A

A constable may do any of the following in relation to the authorisation of a road block under section 30.

A constable may stop vehicles at or near the road block,

Require any person in or on any vehicle stopped who you suspect has committed an imprisonable offence to state their name, address and date of birth,

Search the vehicle to locate the person for which the road block was authorised for and the constable believes that that person is in or on the vehicle.

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15
Q

What is section 110 of the search and surveillance act 2012?

A

Every search power authorises the person exercising it to-

Enter and search the place, vehicle or other thing in that place or vehicle

To request any person to assist

To use any force in respect of any property that is reasonable

To seize any thing subject to the search or otherwise can be lawfully seized

To use any equipment to assist you

To take photographs

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16
Q

What is section 116 of the search and surveillance act 2012?

A

Someone carrying out the search may secure the place, vehicle or other thing being searched

Exclude any person from that place or vehicle or anywhere within those places or give any direction to said person if you believe the person may obstruct or hinder the search

Must provide RAIN

17
Q

What is section 118 of the search and surveillance act 2012?

A

A constable may detain any person who is at the place or vehicle where a search power is being executed or any person who arrived at the place while the search is being carried out.

18
Q

What is section 121 of the search and surveillance act 2012?

A

You may stop a vehicle under this section to invoke a search power whether is be with or without a warrant.

19
Q

What is section 125 of the search and surveillance act 2012?

A

RAIN and RAN

20
Q

What is section 127 of the search and surveillance act 2012?

A

If a search warrant is issued authorising the entry and search of a vehicle, you may enter any place where you believe that vehicle is for the purpose of locating it and searching it

21
Q

What is section 129 of the search and surveillance act 2012?

A

Duty to provide information when exercising a power to stop the vehicle. RAN

22
Q

What is section 131 of the search and surveillance act 2012?

A

Identification and notice requirements for person exercising search power. RAIN and RAN