Search and surveillance act 2012 Flashcards
How long can you hold someone under S125
For as long as necessary.
S125 (1) when you exercise a power to Search a person
RAN
Reason / act /name
S125 1(I) Item
May search any item that the person us wearing Or carrying
Or
Under possession or control
S125 (j)
May seize any thing that can be lawfully seized.
S131 (1)
A person exercising a search power must
RAIN
ID themselves
Act
Intention to enter any place or vehicle
Reason for entry
S131 (3)
Force
You may use reasonable force to effect entry
S110
Inside place or vehicle
Search power
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.
S169 (1)
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.
s8 search surveillance 2012
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!!
s8 CADD..?
Conceal
Altered
Damaged
Destroyed
s11
Warrantless search of people, who are, or who are going to be locked up in police custody.
s13
Return property to persons when they are released from custody.
s15 place (serious offences)
Entry without warrant to find evidential material
RGTS a 14+ offence
RGTB there is evidential material
s16
14+ offence
Searching people in a public place.
Reasonable grounds to believe there is E.M on the person
s17 vehicle 14 + offence.
Warrantless entry and search of a vehicle in a public place.
RGTB there is EM relating to the offence
s83 place
Entry without warrant after arrest.
Post arrest
RGTB EM will be CADD
Enter an search for EM
s84 vehicle warrantless entry and search of vehicle after arrest
Post arrest
RGTB EM
Enter and search
s123 seize items in plain view
If you are somewhere as part of your duties
You may seize any item find in plain during your search
s85 search of a person
Rub down search to make you haven’t got anything on you that will …
Harm any person or facilitate your escape
s88 Warrantless search of arrested or detained persons
RGTB is EM relating to the offence in respect of which the arrest is made or person is detained.
s92 you may conduct a consent search for one or more of the following purposes
Purpose of a consent search to search Themselves, a place, a vehicle
s93 advice that must be given before a consent search
Tell them why you want to search them.
Advise they may consent or refuse to be searched
s95 ability of person under 14 years to consent to searches of places, vehicle or other things.
Under 14 can not consent to search of a place, a vehicle, other thing
Unless under 14 is driver unaccompanied..they can consent.
S. 9
Stop vehicle to K9
Stop vehicle to K9
•unlawfully at large eg WTA, Escapes custody
•offence punishable by imprisonment