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Search and Surveillance Act 2012 > Search and Surveillance Act 2012 > Flashcards

Search and Surveillance Act 2012 Flashcards

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1
Q

Enter a Place or Vehicle, to search for and arrest a person who is unlawfully at large.

A

Section 7

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2
Q

Enter a Place or Vehicle, to search for and arrest a suspect, to avoid loss of offender or avoid CADD.

A

Section 8

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3
Q

Enter a Place or Vehicle and take any action, to prevent offence (injury or serious damage ) or as emergency response if risk to life or safety. (on fire)

A

Section 14

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4
Q

Person or Vehicle leaves before search completed, may enter place to apprehend person or vehicle, if person freshly pursued and RGTB there is evidence.

A

Section 120

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5
Q

14 yrs plus offences = Enter and Search place, offence (has is or about) committed, RGTB CADD will occur

A

Section 15

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6
Q

14 yrs plus offences = Search person in public place if RGTB person has evidence.

A

Section 16

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7
Q

Search vehicle in a public place if RGTB the vehicle has evidence.

A

Section 17

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8
Q

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

A

Section 18

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9
Q

Drugs / Precursors - Enter and search place or vehicle, only when a search warrant is impracticable and RGTB CADD will ocurr.

A

Section 20

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10
Q

Drugs / Precursors - Search person in public place or vehicle while conducting section 20 search.

A

Section 21

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11
Q

Search person in public place if RGTB drugs or precursors

A

Section 22

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12
Q

Offensive weapons - Search person, public place if RGTS offensive weapons.

A

Section 27

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13
Q

Enter and search vehicle, public place if RGTS offensive weapons.

A

Section 28

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14
Q

Stolen property - Enter and search vehicle, public place, if RGTB _______ property.

A

Section 29

Stolen porperty

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15
Q

Stopping vehicle - stop vehicle to arrest a person unlawfully at large or who has committed an offence punishable by __________.

A

Section 9

punishable by imprisonment

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16
Q

Stopping vehicle - Acting ________ or above may authorise road block for the purpose of arresting a person unlawfully at large or who is committed offence punishable by imprisonment.

A

Section 30

Acting sergeant or above

17
Q

Stopping vehicle - If roadblock is authorised - stop vehicles require details if RGTS an offence, search vehicle if RGTB _______ is in the vehicle.

A

Section 32

RGTB person is in the vehicle.

18
Q

Stopping vehicle - Power to stop a vehicle, to search it with or without a _________.

A

Section 121

With or without a warrant.

19
Q 
SPECIAL RULES WHEN SEARCHING A PERSON:
When exercising a right to search a person you must state:
-\_\_\_\_\_\_\_ for the search.
-State the \_\_\_\_\_\_. 
- Identify yourself by \_\_\_\_\_\_.
-If not in \_\_\_\_\_\_\_\_ produce evidence of identity. 
-\_\_\_\_\_\_ the person for the search.
Promptly \_\_\_\_\_\_\_\_ an inventory.
A

Section 125

Reason for the search
State the Act
Identify yourself by name
If not in uniform, produce evidence of identity.
Detain the person for the search.
Promptly provide an inventory
20
Q

IDENTIFICATION AND NOTICE REQUIREMENTS:
When exercising a power to search a place, vehicle or thing you must:
- ______ for the search.
-State the _______.
-Identify yourself by ______.
-If not in ________ produce evidence of identity.
-Use reasonable ______, to enter and search.
-Promptly ________ an inventory of items seized.
- Provide written ________.

A

Section 131

  • Reason for the search.
  • State the Act.
  • Identify yourself by name.
  • If not in uniform produce evidence of identity.
  • Use reasonable force, to enter and search.
  • Promptly provide an inventory of items seized.
  • Provide written notice.
21
Q

EVIDENCE - Seize items in ____ ______, if lawfully in a place or vehicle.

A

Section 123

Items in plain view.

22
Q

EVIDENCE - Remove items of uncertain status (if within scope of original search power).

A

Section 112

23
Q

EVIDENCE - Secure (not search) the scene until search warrant is obtained (___ hours max) if RGTB CADD may occur

A

Section 117

Six hours max

24
Q

ARREST / DETENTION

After arrest, arresting officer may enter and search place for evidence, if _____ CADD will occur.

A

Section 83

If GGTB CADD will occur

25
Q

ARREST / DETENTION

After arrest, arresting officer may enter and search a vehicle if RGTB the _________ contains ________.

A

Section 84

Vehicle contains evidence.

26
Q

ARREST / DETENTION
Rub down search of any person arrested or detained (under another Act), for anything that may ____ a person or __________ escape.

A

Section 85

May harm a person or facilitate escape.

27
Q

ARREST / DETENTION
Search any person arrested or detained (under another Act), GRTB the person has anything that is __________ or may _____ a person or may ___________ escape.

A

Section 88

evidence or may harm a person or may facilitate escape.

28
Q

ARREST / DETENTION

Search any person who is or about to be ______ ___.

A

Section 11

About to be locked up.

29
Q

POWERS DURING SEARCH

Vehicle may be searched for ________, if stopped under section 9 and person is arrested or ______.

A

Section 10

Searched for evidence, person is arrested or flees.

30
Q

POWERS DURING SEARCH

Searcher may ______ place / vehicle / thing searched and RGTB person will hind search exclude any person.

A

Section 116

Searcher may secure

31
Q

POWERS DURING SEARCH

Searcher may _______ any ________ at , or arriving at, place or thing, to establish _________ to object of the search.

A

Section 118

May detain any person, to establish connection to object of the search.

32
Q

POWERS DURING SEARCH
Search any _______ at, or arriving at or leaving place or vehicle being searched, if RGTB has evidence or RGTS has __________ item and RGTB immediate action is __________.

A

Section 119

Search any person, RGTS has dangerous item, immediate action is required.

33
Q

NOTIFICATION
Must notify when any warrantless ________ or entry ______ is used unless Section 85 (after arrest) and Section 88 (rub down) and section 11 (locked up) search, or entry ______ that does not come under confer search power eg: Section 14 ________ power.

A

Section 169

Warrantless searchor entry power is used, entry power that does not come under confer search. Emergency power.

34
Q

How long is a search warrant valid for?

10, 13 or 14 days

A

14 days

35
Q

Can a 13 year old, one up driver you 3T give permission to search the car he is driving?

A

YES because he is the only person in the car.
Section 95 - A person who is under 14 years old and driving a vehicle can consent to a search of the vehicle if there is no other passenger over 14 yrs of age in the vehicle who (1) has authority over the vehicle and (2) is able to consent to the search of the vehicle.

Search and Surveillance Act 2012 (1 decks)

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