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Police > Search and Surveillance Act 2012 > Flashcards

Search and Surveillance Act 2012 Flashcards

1
Q

What must you do when you exercise a search?

A
  1. Identify yourself by name or QID
  2. Advise the person of the act under which the search is taking place and the reason for the search, unless impracticable to do so.
  3. Produce evidence of identity if not in uniform.
    (NAR)
  4. Detain the person to enable to search to be carried out (for as long as necessary)
  5. Use force reasonable for purpose of the search
  6. Search any item that the person is wearing, carrying or is in the persons physical possession or immediate control.
  7. Seize anything carried by or in their physical possession or immediate control if the thing is the subject of the search or may be lawfully seized.
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2
Q

What does NAR stand for?

A

Name, Act, Reason. Things that must be told to the person who is being searched.

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3
Q

What does section 85 of the S+S Act 2012 relate to?

A

Rub-down search of arrested or detained persons. You may carry out a rub-down search of anyone who has been arrested or detained. This is to ensure nothing that is being carried can be used to harm or aid escape.

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4
Q

What does section 88 of the S+S Act 2012 relate to?

A

Warrantless search of arrested or detained persons (evidential materials). You may search a person pursuant to arrest or detention if you have reasonable grounds to believe the person is carrying anything that:

  • is evidential material relating to the offence that the arrest is made
  • may be used to harm any person
  • may be used to facilitate escape
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5
Q

What does section 13 of the S+S Act 2012 relate to?

A

Property taken from people locked up in Police custody. If you take money and items from a person under arrest under Section 11 you must return them when the person is released from custody unless:

  • any of the property may need to be given in evidence arising out of a charge
  • possession of the item may be an offence
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6
Q

What does section 11 (3) of the S+S Act 2012 relate to?

A

You may conduct a search of a person after they have been arrested or detained if:

  • the person was not searched already
  • they are suspected of having been close to another person who is not in Police custody
  • they are suspected of having been close to someone who has been locked up but not yet searched
  • you have reasonable grounds to believe the person may have anything that may be used to harm themselves/others.
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7
Q

What does section 92 of the S+S Act 2012 relate to?

A

You may conduct a consent search for one or more of the following:

  • to prevent the commission of an offence
  • to investigate whether an offence has been committed
  • to protect life or property
  • to prevent injury or harm
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8
Q

What does section 93 of the S+S Act 2012 relate to?

A

Before you undertake a consent search you must:

  • determine that the search is for a purpose authorised by section 92
  • and advise the person of the reason for the proposed search
  • and advise the person that they may either consent to be searched or refuse to be searched
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9
Q

What does section 14 relate to?

A

Warrantless entry to prevent offences or respond to risk to life of safety:

  • an offence being committed that will cause injury to a person or serious damage to property
  • there is a risk to the life or safety of any person
  • you may enter place or vehicle without warrant
  • and take any action that you have reasonable grounds to believe is necessary to prevent the offending/avert emergency
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10
Q

What does section 7 relate to?

A

Entry without warrant to arrest person unlawfully at large
if you have reasonable grounds to:
-suspect that a person is unlawfully at large
-and believe that the person is in a place or vehicle
-you may enter the place or vehicle without warrant to search for and arrest that person

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11
Q

What does section 8 relate to?

A

Entry without warrant to avoid loss of offender or evidential material if you have reasonable grounds to:

  • suspect that a person has committed an imprisonable offence for which they may be arrested without warrant and
  • believe the person is in a place or vehicle
  • believe that if entry is not effected immediately either or both of the following may occur
  • you may enter and arrest the person you suspect has committed the offence
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12
Q

What does section 83 relate to?

A

Entry without warrant after arrest:
-if you have arrested someone and have reasonable grounds to believe that
-evidential material relating to that offence is at a place
and
-if entry is delayed the evidential material will be CADD
-you may enter that place without a warrant to search for the evidential material

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13
Q

What does section 84 relate to?

A

Warrantless entry and search of vehicle after arrest:

  • if you have arrested a person and have reasonable grounds to believe that
  • evidential material relating to the offence for which the person was arrested
  • you may
  • enter and search that vehicle for evidential material (whether or not the person was arrested in the vehicle)
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14
Q

What does section 123 relate to?

A

Seizure of items in plain view:

-if you as part of your duties find any item (contraband) you may seize it in the course of carrying out the search

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15
Q

What does section 112 relate to?

A

Items of uncertain status may be seized during a search

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16
Q

What does CADD stand for?

A

Concealed, altered, damage, destroyed.

17
Q

What does section 29 relate to?

A

Power to search vehicles without warrant for stolen property. If you have reasonable grounds to believe that stolen property is in a vehicle you may search without warrant.

18
Q

What does section 131 relate to?

A

Section 131 relates to RAIN. You must identify yourself, announce your intention to enter and search and under which act and reason for the search.

19
Q

What does section 110 relate to?

A

Every search power authorises you to:
a-enter and search the place, vehicle or thing
c-use reasonable force in respect to any property for the purpose of carrying out the search
d-seize anything that is the subject of the search

20
Q

What does section 169 relate to?

A 
If you execute a warrantless entry power, search power or surveillance power you mist provide a written report as soon as practicable/end of shift.
No report is required for:
-Sections 85/88
-Sections 11
-Consent search
21
Q

What does Section 9 relate to?

A

Give powers to stop vehicle to arrest a person unlawfully at large (WTA/fleeing a crime).

22
Q

What does Section 10 relate to?

A

It gives powers than can be used after stopping under S9:

  • demand details of persons unlawfully at large
  • search vehicles for persons unlawfully at large
  • search vehicle for EM if person is arrest or seen fleeing
23
Q

What does Section 121 relate to?

A

1: Stop vehicle to conduct a warrantless search
2: Stop vehicle to execute a search warrant

24
Q

What does Section 128 relate to?

A

If you stop a vehicle to search it can be stopped for as long as reasonably necessary.

25
Q

What does Section 122 relate to?

A

Moving the vehicle to another place to search.

26
Q

What does Section 177 relate to?

A

Arrest without warrant if:

  • fail to stop
  • fail to comply with S10 or S32
  • fail to remain stopped (S128)
27
Q

What does Section 117 relate to?

A

If you believe on reasonable grounds that before a warrant can be issued EM will be CADDR you can:

  • enter an secure the place or thing
  • have 6 hours maximum to obtain a search warrant
28
Q

What does Section 15 relate to?

A

If you suspect a 14+ offence and believe EM is in a place and CADD will occur you can enter/search.

29
Q

What does Section 17 relate to?

A

If you suspect a 14+ offence and believe EM is in a vehicle in a public place you can enter/search.

30
Q

What does Section 16 relate to?

A

If you suspect a 14+ offence and believe EM is on a person in a public place you can search that person. You must RAN and CR them.

31
Q

What does Section 116 relate to?

A

If carrying out a search you may secure the place/vehicle and exclude an person.

32
Q

What does Section 118 relate to?

A

When you RAIN, you must DETAIN the persons to determine connection.

33
Q

What does Section 119 relate to?

A

You may search any person if they:

  • are found at the place/vehicle
  • arrives at place during search
  • stops at/enters place during search
  • if you believe EM is on the person
  • if the person is suspected to have a dangerous item on them
34
Q

What does Section 27 relate to?

A

Searching people in a public place without warrant if you suspect they are in possession of an offensive weapon in a public place. Use AWOCA, if they don’t comply arrest them for obstruction.

35
Q

What does Section 28 relate to?

A

Searching vehicles without warrant for offensive weapons if you suspect that:
-a person travelling in a vehicle or who has exited from a vehicle is in possession of an offensive weapon in a public place
AND
-the vehicle contains a knife, offensive weapon or disabling substances.

36
Q

What does Section 18 relate to?

A

Warrantless powers in relation to firearms. You may enter, search and seize any firearms in the person is breaching the Arms Act 1983.

37
Q

What does Section 20 relate to?

A

Warrantless search of places/vehicles if:

  • RGB controlled drugs/precursor
  • RGB CADD with no time for SW
  • RGS offence against MODA
  • stop vehicle with Section 121 S+S Act
38
Q

What does Section 21 relate to?

A

Search of people stopped in Section 20.

-similar to Section 119

39
Q

What does Section 22 relate to?

A

Warrantless search of people if:

  • RGB controlled drug/precursor on their person
  • MODA
  • RAN/BOR

Police (34 decks)

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