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Search Abd Surveillance Act 2012 > Search and surveillance act 2012 > Flashcards

Search and surveillance act 2012 Flashcards

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0
Q

How long can you hold someone under S125

A

For as long as necessary.

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1
Q

S125 (1) when you exercise a power to Search a person

A

RAN

Reason / act /name

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2
Q 
S125 1(I)
Item
A

May search any item that the person us wearing Or carrying
Or
Under possession or control

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3
Q

S125 (j)

A

May seize any thing that can be lawfully seized.

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4
Q

S131 (1)

A person exercising a search power must

A

RAIN

ID themselves
Act
Intention to enter any place or vehicle
Reason for entry

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5
Q

S131 (3)

Force

A

You may use reasonable force to effect entry

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6
Q

S110
Inside place or vehicle
Search power

A

Every search power authorises you you
(A) enter and search the vehicle or thing your authorised to search
(C) use reasonable force in respect to any property for purpose of carrying out the search
(D)seize anything that may be lawfully seized.

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7
Q

S169 (1)

A

If you execute a warrantless entry Power or surveillance Power you must provide a written report as soon as practical. Police policy states end of shift.

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10
Q

s8 search surveillance 2012

A

Warrantless entry to search for and arrest for people

RGTS a person has committed an offence punishable by imprisonment
Or
RGTB evidential material will be CADD. Or person will leave to avoid arrest.

FYI can or search where a person could be hiding!!

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11
Q

s8 CADD..?

A

Conceal
Altered
Damaged
Destroyed

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12
Q

s11

A

Warrantless search of people, who are, or who are going to be locked up in police custody.

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13
Q

s13

A

Return property to persons when they are released from custody.

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14
Q

s15 place (serious offences)

A

Entry without warrant to find evidential material
RGTS a 14+ offence
RGTB there is evidential material

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15
Q

s16

14+ offence

A

Searching people in a public place.

Reasonable grounds to believe there is E.M on the person

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16
Q

s17 vehicle 14 + offence.

A

Warrantless entry and search of a vehicle in a public place.

RGTB there is EM relating to the offence

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17
Q

s83 place

Entry without warrant after arrest.

A

Post arrest
RGTB EM will be CADD
Enter an search for EM

18
Q

s84 vehicle warrantless entry and search of vehicle after arrest

A

Post arrest
RGTB EM
Enter and search

19
Q

s123 seize items in plain view

A

If you are somewhere as part of your duties

You may seize any item find in plain during your search

20
Q

s85 search of a person

A

Rub down search to make you haven’t got anything on you that will …
Harm any person or facilitate your escape

21
Q

s88 Warrantless search of arrested or detained persons

A

RGTB is EM relating to the offence in respect of which the arrest is made or person is detained.

22
Q

s92 you may conduct a consent search for one or more of the following purposes

A

Purpose of a consent search to search Themselves, a place, a vehicle

23
Q

s93 advice that must be given before a consent search

A

Tell them why you want to search them.

Advise they may consent or refuse to be searched

24
Q

s95 ability of person under 14 years to consent to searches of places, vehicle or other things.

A

Under 14 can not consent to search of a place, a vehicle, other thing

Unless under 14 is driver unaccompanied..they can consent.

25
Q

S. 9

Stop vehicle to K9

A

Stop vehicle to K9
•unlawfully at large eg WTA, Escapes custody
•offence punishable by imprisonment

26
Q

S.10 once vehicle is stopped (relates to s9)

A
  • search for person
  • search for evidential material if decamped ( if seen. )
  • or they are k9
27
Q

s121(1) execute warrantless search power.

s121(2) execute search warrant

A

121(1) 21,20,28,18,29

121(2) search warrant

28
Q

s128 keeping vehicle stopped

A

Duty to remain stopped to exercise the search

29
Q

s122 move vehicle

A

Move a vehicle if
•impracticable parked
•safekeeping

30
Q

s32 establish a road block

A
  • stop vehicles
  • require details
  • search the vehicle
37
Q

s14 search surveillance 2012

A

Warrantless entry power any vehicle or place to
Take any action if you have
RGTS to any offence being committed that could cause injury to any person or serious damage to property Or any emergency
Eg stop offence
Put out fire
Cut down 1Xer

38
Q

s7 search surveillance 2012

A

Warrantless entry to search for an arrest
Of someone that is unlawfully at large
Escape prison/police
WTA

Search Abd Surveillance Act 2012 (1 decks)

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