Search And Surveillance Act 2012 Flashcards
Evidential Material
Evidence of the offence or any other item tangible or intangible of relevance to the investigation of the offence
Unlawfully at large
WTA
Under the parole act or the corrections act
Prison breaker
Escape of custody
Special/restricted patient
Care/special care recipient
YP under OT Act absconded
Search hierarchy
Always consider search warrant first, if not practical consider warrantless search
A warrantless search power is preferable over a consent search
Notification of search powers executed
Section 169 SASA 2012
Notification to the commissioner by the end of the shift if a warrantless power search power or surveillance power in relation to place vehicles, things or facilities as executed
Entry to arrest a person unlawfully at large
Section 7 SASA 2012
UAL
Believe person is in place or vehicle
Enter place or vehicle
Entry to avoid loss of offender or evidential material
Section 8 SASA 2012
Committed imprisonable offence
Believe is in place or vehicle
Believe of entry is not affected. Immediately. Person will leave to avoid arrest or evidential material will be CADD.
Not a search power for EM unless s83-88 following K9.
Entry to prevent offence or respond to risk to life or safety
Section 14 SASA 2012
Place or vehicle
Offence is being or about to be committed
Likely to cause injury to any person or serious loss or damage to any property.
Risk to life or safety of person that requires an emergency response
Entry power, not a detention power
Entry and search of places to find and avoid loss of evidential material
Section 15 SASA 2012
14+ offence is being or about to be committed
EM in that place. CADD
Urgency. Once urgency has passed and the scene is secure, a warrant should be obtained.
Note the warrant preference rule applies if you have the ability to secure a search scene with an application for a warrant is pending section 117 maybe appropriate unless there is urgency to conduct a search or concern that securing the scene may not be sufficient to preserve the evidential material
Searching people in public for evidential material
Section 16 SASA 2012
14+ years imprisonment
Person
Public Place
EM
Entry and search of vehicles in public place for evidential material
Section 17 SASA 2012
Vehicle
Public Place
EM
14+ years imprisonment
Apply section 15 for vehicles in a private place
Arms in places or vehicles
Section 18 SASA 2012
Arms in any place or vehicle
Cat 3/4 offence or offence against the arms act has been as being or about to be committed
EM
Enter, search, seize.
Searching vehicles for offensive weapons
Section 29 SASA 2012
vehicle
Public place
Suspect vehicle contains knife, offensive weapon or disabling substance
Offensive weapon
article made or altered to use for causing bodily injury or intended for such use by the person who has it with them.
Disabling substance
any anaesthetising or other substance produced to use for disabling a person or intended for such use by the person who has it with them.
searching people for offensive weapons
section 27 SASA 2012
search person in a public place
searching vehicles for stolen property
section 29 SASA 2012
Believe stolen property in vehicle
intended for public. Private property required search warrant.
entry and search of places after arrest
section 83 SASA 2012
K9
Believe EM EM is in place
CADD
Entry and search of vehicle after arrest
section 84 SASA 2012
K9
Believe EM is in vehicle
Reasonable time after K9
Consent search
section 92 SASA 2012
search place, vehicle, thing in persons control
prevent commission of offence
protect life or property/harm
investigate whether an offence has been committed
Advice that must be given before consent search
section 93 SASA 2012
reason for search
may consent or refuse the search
withdrawal at any time
under 14 cannot consent unless driving a vehicle and there is no passenger 14+ who can consent.
