Search and Surveillance Act 2012 Flashcards
Search and Surveillance Act 2012
Section 7
Enter a place or vehicle to:
Search for and arrest a person unlawfully at large
Search and Surveillance Act 2012
Section 8
Enter a place or vehicle to search for and arrest a suspect to:
- Avoid loss of offender; or
- Prevent loss of evidential material (CADD)
Search and Surveillance Act 2012
Section 14
Enter a place or vehicle and take any action to:
- Prevent offence (injury or serious damage)
- Respond to risk to life/safety
Section 15
Enter and search place for evidence related to 14+ year offence, if RGTB CADD will occur
Section 16
Search person in public place for evidence, if RGTB person has evidence related to 14+ year offence
Section 17
Search vehicle in public place for evidence, if RGTB vehicle contains evidence related to 14+ year offence
Section 18
Search person and things under their control (including vehicles) or enter place or vehicle to search for and seize arms/licence
Section 20
Enter and search place or vehicle, only when S/W is impracticable and RGTB CADD will occur
Section 21
Search person in a place or vehicle, while conducting a S20 search
Section 22
Search person in public place if RGTB they have drugs/precursors
Section 27
Search person in public place if RGTB offensive weapons
Section 28
Enter and search vehicle in public place if RGTB offensive weapons
Section 29
Enter and search vehicle in public place is RGTB stolen property
Section 9
Stop vehicle to arrest person unlawfully at large or who has committed an offence punishable by imprisonment
Section 121
Power to stop vehicle, to search it with or without warrant
Section 110
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
Section 125
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*
Section 131
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*
Section 83
After arrest, may enter and search a place for evidence, if RGTB CADD will occur
Section 84
After arrest, may enter and search a vehicle if RGTB that the vehicle contains evidence
Section 85
Rub-down search of a person arrested or detained, for anything that may harm or facilitate escape
Section 88
Search of a person arrested or detained, if RGTB has anything that is evidence, may harm or facilitate escape
Section 11
Search any person who is or is about to be ‘locked up’
Section 169
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
