Search And Surveillance Act 2012

Question 1

Section 7 - Entry without warrant to arrest person unlawfully at large

Answer 1

A constable may enter a place or vehicle without warrant to search and arrest a person if the constable has reasonable grounds -

a) to suspect that a person is unlawfully at large; and

b) to believe that the person is there.

Question 2

Section 9 - Stopping a vehicle to find persons unlawfully at large or who have committed certain offences

Answer 2

A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds -

a) to suspect that a person

i) is unlawfully at large; or

ii) has committed an offence punishable by imprisonment; and

b) to believe that the person is in or on the vehicle.

Question 3

Section 10 - Powers and duties of constable after vehicle stopped

Answer 3

1. A constable exercising the stopping power under section 9 may do any 1 or more of the following:

a) require any person in or on the vehicle who the constable has reasonable grounds to suspect is unlawfully at large or has committed an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth:

b) search the vehicle to locate the person referred to in section 9, if the constable has reasonable grounds that her person is in or on the vehicle:

c) search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under section 9, if the person in section 9 -

i) has been arrested; or

ii) is seen fleeing from the vehicle before he or she can be arrested.

2. Before conducting a search under a power conferred by subsection (1)(c), a constable must tell the driver the object of the proposed search, if the driver is not the person referred to in section 9.

Question 4

Section 14 - Warrantless entry to prevent offence or respond to risk of life or safety

Answer 4

1. A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a place or vehicle may -

a) enter the place or vehicle without a warrant; and

b) take any action that he or she has reasonable grounds to believe is necessary to prevent the offending from being committed or continuing, or to avert the emergency.

2. The circumstances are as follows:

a) an offence is being committed, or is about to be committed, that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property:

b) there is risk to the life or safety of any person that requires an emergency response.

Question 5

Section 18 - Warrantless searches associated with arms

Answer 5

1. A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following:

a) search the person:

b) search anything in the persons possession or under his or her control (including a vehicle):

c) enter a place or vehicle to carry out any activity under paragraph (a) or (b):

d) seize and detain any arms found:

e) seize and detain any licence under the Arms Act 1983 that is found.

2. The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and -

a) he or she is in breach of the Arms Act 1983; or

b) he or she, by reason of his or her physical or mental condition (however caused), -

i) is incapable of having proper control of the arms; or

ii) may kill or cause bodily injury to any person; or

c) that, under the Domestic Violence Act 1995 -

i) a protection order or police safety order is in force against the person; or

iI) there are grounds to make an application against him or her for a protection order.

3. A constable may, without a warrant, enter a place or vehicle, search it, seize any arms or any licence under the Arms Act 1983 found there, and detain the arms or licence if he or she has reasonable grounds to suspect that there are arms in place or vehicle -

a) in respect of which category 3 offence, a category 4 offence, or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed; or

b) that may be evidential material in relation to a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983.

Question 6

Section 20 - Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences

Answer 6

A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds -

a) to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is -

i) a controlled drug specified or described in schedule 1 of the Misuse of Drugs Act 1975; or

ii) a controlled drug specified or described in part 1 of schedule 2 of the Misuse of Drugs Act 1975; or

iii) a controlled drug specified or described in part 1 of schedule 3 of the Misuse of Drugs Act 1975; or

iv) a precursor substance specified or described in part 3 of schedule 4 of the Misuse of Drugs Act 1975; and

b) to suspect that in or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and

c) to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.

Question 7

Section 21 - Warrantless searches of people found in or on places or vehicles

Answer 7

A constable conducting a search of a place or vehicle under section 20 may, without a warrant, search any person found in or on the place or vehicle.

Question 8

Section 22 - Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975

Answer 8

1) A constable may, in circumstances set out in subsection (2), search a person without a warrant.

2) The circumstances are that the constable has reasonable grounds -

a) to believe that the person is in possession of -
I) a controlled drug specified or described in schedule 1 of the Misuse of Drugs Act 1975; or
ii) a controlled drug specified or described in part 1 of schedule 2 of the Misuse of Drugs Act 1975; or
iii) a controlled drug specified or described in part 1 of schedule 3 of the Misuse of Drugs Act 1975; or
iv) a precursor substance specified or described in part 3 of schedule 4 of the Misuse of Drugs Act 1975; and
b) to suspect that an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.

3) This section does not -

a) limit section 20 or 21; or
b) authorise a constable to enter or search a place or vehicle except in accordance with those sections.

Question 9

Section 27 - Searching people in public places without search warrant of offence against section 202A(4)(a) of Crimes Act 1961 suspected

Answer 9

A constable who has reasonable grounds to suspect that a person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances) may, without a warrant, search the person.