Search and Surveillance Act 2012

Question 1

Search and Surveillance Act 2012

Section 7

Answer 1

Enter a place or vehicle to:

Search for and arrest a person unlawfully at large

Question 2

Search and Surveillance Act 2012

Section 8

Answer 2

Enter a place or vehicle to search for and arrest a suspect to:

• Avoid loss of offender; or
• Prevent loss of evidential material (CADD)

Question 3

Search and Surveillance Act 2012

Section 14

Answer 3

Enter a place or vehicle and take any action to:

• Prevent offence (injury or serious damage)
• Respond to risk to life/safety

Question 4

Section 15

Answer 4

Enter and search place for evidence related to 14+ year offence, if RGTB CADD will occur

Question 5

Section 16

Answer 5

Search person in public place for evidence, if RGTB person has evidence related to 14+ year offence

Question 6

Section 17

Answer 6

Search vehicle in public place for evidence, if RGTB vehicle contains evidence related to 14+ year offence

Question 7

Section 18

Answer 7

Search person and things under their control (including vehicles) or enter place or vehicle to search for and seize arms/licence

Question 8

Section 20

Answer 8

Enter and search place or vehicle, only when S/W is impracticable and RGTB CADD will occur

Question 9

Section 21

Answer 9

Search person in a place or vehicle, while conducting a S20 search

Question 10

Section 22

Answer 10

Search person in public place if RGTB they have drugs/precursors

Question 11

Section 27

Answer 11

Search person in public place if RGTB offensive weapons

Question 12

Section 28

Answer 12

Enter and search vehicle in public place if RGTB offensive weapons

Question 13

Section 29

Answer 13

Enter and search vehicle in public place is RGTB stolen property

Question 14

Section 9

Answer 14

Stop vehicle to arrest person unlawfully at large or who has committed an offence punishable by imprisonment

Question 15

Section 121

Answer 15

Power to stop vehicle, to search it with or without warrant

Question 16

Section 110

Answer 16

Search powers of places, vehicles and other things authorise:
Search powers of places, vehicles and other things authorise:

F - use reasonable FORCE to search
E - ENTER and SEARCH a place, vehicle or other thing
E - bring and use EQUIPMENT (including a dog)
S - SEIZE anything that is the object of the search or can be lawfully seized
A - request ASSISTANCE
A - ACCESS/copy intangible material/documents
P - take PHOTOGRAPHS and recordings

Question 17

Section 125

Answer 17

Rules and obligations when searching persons. When exercising a power to search a person, you must:
R - explain the REASON for the search
A - state the ACT unless impractical
N - identify yourself by NAME or unique identifier
* If not in uniform, produce evidence of identity*

Question 18

Section 131

Answer 18

Identification and notice requirements when exercising a power to search a place, vehicle or other thing:
R - explain the REASON for the search
A - state the ACT unless impractical
I - announce your INTENTION to enter and search
N - identify yourself by NAME or unique identifier
* If not in uniform, produce evidence of identity*

Question 19

Section 83

Answer 19

After arrest, may enter and search a place for evidence, if RGTB CADD will occur

Question 20

Section 84

Answer 20

After arrest, may enter and search a vehicle if RGTB that the vehicle contains evidence

Question 21

Section 85

Answer 21

Rub-down search of a person arrested or detained, for anything that may harm or facilitate escape

Question 22

Section 88

Answer 22

Search of a person arrested or detained, if RGTB has anything that is evidence, may harm or facilitate escape

Question 23

Section 11

Answer 23

Search any person who is or is about to be ‘locked up’

Question 24

Section 169

Answer 24

Must notify when any warrantless entry or search power is used, unless:

• Sections 85/88
• Section 11
• Search by consent
• Entry power that does not confer power of search