Search and Surveillance Act 2012

Question 1

Section 125

Answer 1

Umbrella Section - Obligations when searching

RAN

• Reason
• Act
• Name

Show ID if not in uniform

Question 2

Section 85

Answer 2

Rub down search of arrested or detained persons

• You may carry out a rub-down search when:
  The person is ARRESTED or DETAINED

To ENSURE that the person is not carrying anything that may be used to:
Harm any person
OR
Facilitate the persons escape

Question 3

Section 88

Answer 3

You MAY search a person pursuant to arrest or statutory detention IF you have reason to BELIEVE the person is carrying anything that:

- Is evidential material relating to the offence in respect of which the arrest is made or the person is detained
OR
- May Harm any person
OR
- Facilitate the persons escape

Question 4

Section 11

Answer 4

Search of people who are or are to be locked up in police custody

• At a Police station
  or
• In other premises being used for police purposes
  or
• In or about to be placed in a vehicle being used for police purposes.

They can also be searched After they have been locked up if:

• The person was not searched before
• SUSPECT that they have been close to another person who has not been locked up in Police Custody.
• SUSPECT that they have been close to another person who has been locked up but not yet searched
• BELIEVE that they have anything that may be used to harm themselves or others.

Question 5

Section 13

Answer 5

Property taken from people locked up in police custody

Money or items must be returned when they are released from custody UNLESS:

• The money or property may need to be given in evidence in proceedings
• Possession of any money or property may constitute an offence