Search and surveillance act 2012

Question 1

Section 125

Answer 1

Search of a person any officer may search a person or anything they are carrying.
Must state RAN
R- Reason
A- Act
N- Name

Question 2

Section 131

Answer 2

Search and entry of any place, vehicle or other thing. Must state RAIN
R-reason 
A- act
I- intention
N-name

Question 3

Section 110

Answer 3

Gives you the power to use reasonable force in respect to any property for the purpose if carrying out the search.
You may seize anything that is the subject if the search or anything else that maybe lawfully seized.

Question 4

Section 168

Answer 4

Warrant less entry,search or surveillance power must be reported as soon as practicable

Question 5

Section 14

Answer 5

Warrant less entry power if you believe on reasonable grounds that you must enter to…
Prevent an offence occurring
Prevent risk to life or safety
You may take ANY ACTION

Question 6

Section 7

Answer 6

May enter and search
To arrest any person unlawfully at large
If you have RGTS that person is in that place or vehicle

Question 7

Section 8

Answer 7

May enter and search if you believe on reasonable grounds that if immediate entry does not occur there will be a loss to..
The offender
The evidential material on that person
CADD concealment,adjusting,damage or destroy

Question 8

Section 85-as if right

Answer 8

Rub down search state RAN
‘Having anything on them that may Harm any person or help to facilitate their escape’
Arrested or detained

Question 9

Section 88- good cause to suspect

Answer 9

Maybe more if an invasive search conducted by an officer if they have good cause to suspect they have evidential material on them, anything that may harm any person or facilitate their escape.
State RAN

Question 10

Section 11

Answer 10

Search of persons in police custody to remove property and money.
State RAN
Can be searched again if:
Been in close contact with a person that has not been searched eg. Lawyer, doctor, family
RGTB they have taken something from cells and now have it on them.
Been in a cell with a 1K who has not been searched

Question 11

Section 13

Answer 11

All property must be returned to the person once released from police custody.

Question 12

Consent section 92

Answer 12

Purposes for which consent search maybe undertaken:
To prevent the commission of an offence
To protect life or property, or to prevent injury or harm
To investigate whether an offence has been committed
Any purpose on which you could exercise a power of search believe or suspect.

Question 13

Section 93

Answer 13

Advise that must be given before a search:
Determine the purpose if the search
Advise the person for the reason of the search and that they may consent or refuse consent to the search.

Question 14

Section 94

Answer 14

Unlawful search when:
If purpose is not under section 92
Fail to give required advise section 93
Or you rely on the consent given by someone lawfully unable to give consent.

Question 15

Section 95

Answer 15

Restrictions on persons under 14 to give consent
May not give consent to the search of any place, vehicle or other thing
Exception: unless they are driving that vehicle and there are no passengers over the age of 14 years in the vehicle.

Question 16

Section 96

Answer 16

Exception to consent rules
Consent rules do not apply when…
It is a condition of entry to any public place eg. Sporting event or pub where they check your bag on entry.

Question 17

Section 83- without warrant after arrest

Answer 17

If you have arrested someone for an offence and you have RGTB..
Evidential material relating to the offence is at that place.
If entry to that place is delayed to get a warrant evidential material will be CADD

Question 18

Section 84

Answer 18

Warrant less entry and search of a vehicle after arrest..
RGTB that evidential material relating to that offence is in the vehicle
May enter and search without warrant

Question 19

Section 27

Answer 19

Power to search and person in a public place which you believe on reasonable grounds is carrying an offensive weapon under section 202(a)(4)(a) of the crimes act.

Question 20

Section 28

Answer 20

Power to enter and search any vehicle in a public place if you believe on reasonable grounds there is an offensive weapon in that vehicle.may seize the weapon.

Question 21

Section 83

Answer 21

After arresting a person you may…
Use a Warrant less power to enter and search any place or other thing in regards to:
Evidential material that may be CADD if to wait for a search warrant.

Question 22

Section 84

Answer 22

After making an arrest you may if you have good cause to believe there is evidential material in a vehicle you may…
Enter and search using force is necessary.