Search and Surveillance Act 2012 Flashcards
What is?
Section 7 of SASA 12
Search and Surveillance 2012
Entry without warrant to arrest person unlawfully at large.
* Need RGTS that person is unlawfully at large.
* Person is in a place or vehicle.
* Enter that place or vehicle and search for that person.
(Reasonable grounds to suspect)
What is?
Section 8 of SASA 12
Search and Surveillance 2012
Entry without warrant to avoid loss of offender/evidential material.
* Must have RGTS person can be arrested for imprisinable offence.
* Person is in place or vehicle
* Believe that C.A.D.D exists
(Reasonable grounds to suspect , Conceal Alter Destroy Damage)
Does not give power to search for EM
What is?
Section 9 of SASA12
Search and Surveillance 2012
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Stopping a vehicle to find persons unlawfully at large or who have commited certain offences
* You MAY stop the vehicle to search for the person unlawfull at large
This is a stopping power
What is?
Section 10 SASA12
Search and Surveillance 2012
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Powers and duties of constable after vehicle stop
* Under section 9
* Require people in or on the car to give their name, DOB, contact details
* Search the vehicle to the person you believe the vehicle is stopped for
* Search the car for evidential material IF the person is arrested or the person is seen fleeing the car.
Searching power for Sec 9 of Search and Surveillance 2012
What is?
Section 11 of SASA
Search and Surveillance Act 2012
To conduct a warrantless search of people who are, to be, locked up in Police custody.
At a police station/premises.
What is?
Section 13 SASA
Search and Surveillance Act 2012
Property taken from people locked up in Police custody.
All property must be returned unless :
needed for evidential purposes
possesion may constitute an offence
What is?
Section 18 of SASA12
Search and Surveillance 2012
Power to search and seize
Search and seize firearms without a warrant
What is?
Section 29 of SASA 12
Search and Surveillance 2012
Power to search vehicle without warrant for stolen property.
* Is intended to allow the search of vehicles in a public place
* If the vehicle is on private property you should try and obtain a warrant or use another power.
What is?
Section 30 of SASA12
Search and Surveillance 2012
Obtaining Authorisation for road block
A sergeant/Acting Sergeant or higher may authorise a road block if have RGTB person has commited imprisonable offence /unlawfully at large. And as long as the safety or road users in the area is considered.
(Reasonable grounds to believe)
What is?
Section 32 of SASA12
Search and Surveillance 2012
Authorised road blocks implemented without warrant
when a road block is established you MAY:
Establish - a road block at location
Stop - Vehicles in the vicinity
Require - Name / DOB / Address with RGTS commited offence
Search - The vehicle to locate that person.
(Reasonable grounds to suspect)
What is?
Section 83 SASA12
Search and Surveillance 2012
(PLACE)
- Entry without warrant after arrest
- After arrest if you have RGTB evidence relating to the offence is at a place.
- Waiting for a warrant may CAD.
- Enter that place and search for the evidential material
Allows searching vehicle at place your searching
(PLACE)
What is?
Section 84 SASA12
Search and Surveillance 2012
Warrantless Entry and Search of a vehicle after Arrest
* After arrest if you RGTB evidential material relating to the offence is in or on a vehicle
- you MAY enter and search that vehicle for the evidential material without warrant.
Only vehicles in a public place.
What is?
Section 85 SASA?
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Rub down search of arrested/detained persons.
This is to ensure:
person is not carrying anything to harm anyperson or facilitate their escape.
What is?
Section 88 SASA?
Search and Surveillance Act 2012
Warrantless search of arrested or detained persons(For evidential material)
Same as 85, except must have RGTB the person is carrying evidential material related to the offence.
What is?
Sections 91 - 96 of SASA
Search and Surveillance Act 2012
Consent searches.
What is?
Section 110 SASA 2012
Search and Surveillance 2012
Powers Incidental to search places and vehicles
This power authorises you to:
* Enter and search
* request assistance, use reasonable force
* Seize
* Use equipment, and dog
* Copy - any documents
* Use reasonable force
What is?
Section 112 of SASA 12
Search and Surveillance 2012
Items of uncertain status may be seized
If you are uncertain that item has been unlawfully obtained during excercising a search power. You may seize that item to take it to be examined or analyzed to determined if it was unlawfully obtained.
What is?
Section 116 (1) (a), (b), 2 of SASA12
Search and Surveillance 2012
** 116(1)(a)Secure place, vehicle or other thing**
* If you’re carrying out a search you MAY:
Secure the place, any area, or any items
116(1)(b) Exclude person from place, vehicle or thing
If someone obstructing your excerise of search you MAY
Exclude them from the place, any area, give any reasonable direction
116(2) Obligations on request
Give your (RAIN) unless it is unpractiacble to do so.
What is?
Section 118 of SASA12
Search and Surveillance 2012
Powers of detention incidental to powers to search place and vehicles
If you determine there is a connection to a person and the place you are searching then you MAY:
Detain that person
Detaining Power
What is?
Section 119 SASA12
Search and Surveillance 2012
Powers to search person at a place or vehicle
If you excercise your power to search in relation to a place or vehicle you MAY search any person:
found at the place, stops at the place, and who stops,enters,arrives on any vehicle
What is?
Section 121(1)/(2) SASA12
Search and Surveillance 2012
Section 121 (1)
Stopping a vehicle without warrant for purposes to search
Section 121 (2)
Stopping a vehicle with warrant for purposes to search
When excercising your powers under this section you MUST do your (RAIN)
(Reason,Act,Intention,Name)
What is?
Section 122 SASA12?
Search and Surveillance 2012
Moving a vehicle for the purpose of search or safekeeping
You may move a vehicle to another place if:
RGTB it is neccessary to move the vehicle for safekeeping
Lawful authoritary to search vehicle, but impracticable to do so in current location.
What is?
Section 123 SASA12
Search and Surveillance 2012
Seizure of items in plain view
What is?
Section 125 of SASA 2012
Search and Surveillance 2012
- Obligations for searching people.
- Name - Your Name
- Iintent - “I intend to search you…”
- Act - SASA 2012
- Reason for the search …
(RAIN all day everyday)
What is?
Section 131 SASA 2012
Search and Surveillance 2012
Identification and notice requirements.
* Identify yourself (RAIN) not required if RGTB danger.
* A Copy of Warrent (if required).
* Before leaving copy of search warrant, written notice why searched.
* May use reasonable force to enter.
When is a report not needed in a 169 report SASA12?
Search and Surveillance 2012
- Search of a person following an arrest (85&88)
- A search of person in lawful custody (s11)
- A consent search (s91-96)
- The excercise of a power of entry that doesn’t grant a search (s14)
What must be included in a 169 SASA12 report?
Search and Surveillance 2012
- Short summary of circumstances
- Reasons you need to execute your powers
- Whether any evidential material was seized
- Whether any criminal proceedings are brought or will be brought.
What is?
Section 117 SASA12
Search and Surveillance 2012
Entry where search warrant is pending
If you believe evidential material will be CADD and are still waiting on a warrant or warrant has been refused you MAY:
Enter and secure that area until a warrant is obtained or max 6 hours
Only Entry and Securing Power
