Search and Surveillance Act 2012

Question 1

What is Section 7 of the S-S Act 2012?

Entry without warrant to arrest person unlawfully at large

Answer 1

A constable may enter a place or vehicle without warrant to search for and arrest a person if the constable has reasonable grounds—

(a) to suspect that a person is unlawfully at large; and
(b) to believe that the person is there.

Question 2

What is Section 8 of the S-S Act 2012?

Entry without warrant to avoid loss of offender or evidential material

(1)?

Answer 2

(1)
In the circumstances set out in subsection (2), a constable may—

(a) enter a place or vehicle without a warrant; and
(b) search for and arrest a person that the constable suspects has committed the offence.

Question 3

What is Section 8 of the S-S Act 2012?

Entry without warrant to avoid loss of offender or evidential material

(2)?

Answer 3

(2)
The circumstances are that the constable has reasonable grounds—

(a) to suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrested without warrant; and
(b) to believe that the person is there; and

(c) to believe that, if entry is not effected immediately, either or both of the following may occur:
(i)
the person will leave there to avoid arrest:
(ii)
evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered, or damaged.

Question 4

What is Section 9 of the S-S Act 2012?

Stopping a vehicle to find person’s unlawfully at large.

Answer 4

If you have RGT SUSPECT that a person is:

• Unlawfully at large.
  or
• Has committed and offence punishable by imprisonment.
  and
• You have RGTB the person is in or on the vehicle

You MAY
- Stop the vehicle without warrant to arrest the person.

Question 5

What is Section 10 of the S-S Act 2012?

Powers and duties of constable after vehicle stopped

Answer 5

If you are exercising the stopping power under section 9 you MAY require any person in or on the vehicle to supply all of their name, address, other contact details and DOB if you have RGTS.

• They are unlawfully at large
  or
• they have committed and offence [unishable by imprisonment.

You MAY also:

• Search the vehicle to locate the person the vehicle was stopped for if you have RGTB that person is in or on the vehicle
  and/or
• search the vehicle to locate evidential material in relation to any offence in respect of which the vehicle was stopped if the person sought.
• has been arrested or
• is seen fleeing from the vehicle before they can be arrested.

Question 6

What is Section 11 of the S-S Act 2012?

Warrantless searches of people who are, or are to be, locked up in Police custody

Answer 6

(1) This section applies to any person who—
(a) has been taken into lawful custody; and is
(i) at a Police station; or
(ii) in other premises, or is in, or about to be placed in, a vehicle, being used for Police purposes.

(4)
A constable or searcher may take from the person subject to a search under this section any MONEY or OTHER PROPERTY found during the search.

You may re-search any person under this act who is in police custody and you have RGTB that they have come into contact with other people and may have had anything given to them or aquired something whilst in the cells.

Question 7

What is Section 13 of the S-S Act 2012?

Property taken from people locked up in Police custody

Answer 7

Upon someone’s release from custody you must return any property taken off the person as part of a search, unless the property is unlawful or part of evidence of any ongoing investigation.

Every time an person in custody i moved to another location their belongings must be moved to the new location.

Question 8

What is Section 14 of the S-S Act 2012?

Warrantless entry to prevent offence or respond to risk to life or safety

(2)?

Answer 8

The Circumstances

(a) an offence is being committed, or is about to be committed, that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property:
(b) there is risk to the life or safety of any person that requires an emergency response.

Question 9

What is Section 14 of the S-S Act 2012?

Warrantless entry to prevent offence or respond to risk to life or safety

(1)?

Answer 9

The power

(a) enter the place or vehicle without a warrant; and
(b) take any action that he or she has reasonable grounds to believe is necessary to prevent the offending from being committed or continuing, or to avert the emergency.

Question 10

What is Section 15 of the S-S Act 2012?

Entry without warrant to find and avoid loss of evidential material

Answer 10

If you have RGTS that:

• An offence punishable by imprisonment for a term of 14 years or more
• Has been committed or or is being committed or is about to be committed.

And you have RGTB that:

• Evidential material relating to the offence is in a place.
  AND
• If entry is delayed in order to obtain a search warrant, the evidential material will be CADD.

You MAY enter and search the place without warrant.

Question 11

What is Section 16 of the S-S Act 2012?

Searching people in public place without warrant for evidential material relating to certain offences.

Answer 11

If a person is in a public place and you have RGTB that.

• The person is in possession of evidential material relating to an offence punishable by imprisonment for a term 14 years of more
• You MAY search the person without warrant.

Question 12

What is Section 17 of the S-S Act 2012?

Warrantless entry and search of a vehicle for evidential material relating to certain offences.

Answer 12

If a vehicle is in a public place and you have RGTB that:

• Evidential material relating to an offence punishable by imprisonment for term of 14 years or more is in or on the vehicle.

You MAY:

Enter and search the vehicle without warrant.

Question 13

What is Section 29 of the S-S Act 2012?

Power to search vehicles without warrant for stolen property

Answer 13

A constable who has reasonable grounds to believe that any stolen property is in or on any vehicle may search it without a warrant.

Question 14

What is Section 83 of the S-S Act 2012?

Entry without warrant after arrest

Answer 14

(1) This section applies if a person—
(a) arrests a person for an offence; and
(b) has reasonable grounds to believe that evidential material relating to the offence is at a place and that the evidential material will be destroyed, concealed, altered, or damaged if entry to that place is delayed to obtain a warrant.

(2)
The person may enter the place without a warrant to search for the evidential material relating to the offence (whether or not the person was arrested there).

Question 15

What is Section 84 of the S-S Act 2012?

Warrantless entry and search of vehicle after arrest

Answer 15

A person to whom this subpart applies who has arrested a person and who has reasonable grounds to believe that evidential material relating to the offence for which the person was arrested is in or on a vehicle

MAY enter and search it without a warrant.

Question 16

What is Section 85 of the S-S Act 2012?

Rub-down search of arrested or detained person

Answer 16

As a constable you may carry out a rub-down search on anyone you have arrested or detained under a power of arrest to ensure the person is not carrying anything that they could use to.

(a) harm any person or
(b) help to facilitate their escape.

Question 17

What is Section 88 of the S-S Act 2012?

Warrantless search of arrested or detained person

Answer 17

You may search someone RGTB that there is any thing on or carried by a person who is arrested or detained under a statutory power of detention that.

(a) May be used to harm any person; or
(b) May be used to facilitate the person’s escape; or
(c) Is evidential material relating to the offence in respect of which the arrest is made or the person is detained.

Question 18

What is Section 110 of the S-S Act 2012?

Search powers

Answer 18

(c) to use any force in respect of any property that is reasonable for the purposes of carrying out the search and any lawful seizure:
(d) to seize anything that is the subject of the search or anything else that may be lawfully seized

Question 19

What is Section 116 of the S-S Act 2012?

Securing place, vehicle, or other thing to be searched

Answer 19

(1) If you are carrying out a search you may:
(a) Secure the place, vehicle or other thing being searched.
(b) Exclude any person if you have RGTB that person will obstruct or hinder the exercise of any power under this subsection.

Question 20

What is Section 118 of the S-S Act 2012?

Powers of detention incidental to powers to search places and vehicles

Answer 20

(1) When you exercises a search power in relation to a place or vehicle and you need to determine whether there is any connection between a person st the place or in or on the vehicle and the subject of the search then you may:

Detain any person who:

• Is at the place or in or on the vehicle at the start of the search
  OR
• Arrives at the place while the search is being carried out
  OR
  Stops at, enters or tries to enter the vehicle while the search is being carried out.

(4) Use reasonable force to detain the the person at the search scene.

Question 21

What is Section 119 of the S-S Act 2012?

Powers of search by person who has power of arrest

Answer 21

When you exercise a power of search in relation to a place or vehicle you MAY:

Search any person who.

• Is found at the place or in or on the vehicle
• Arrives at the place.
• stops at, or enters or tries to enter or get into or onto the vehicle.

(1) If you believe evidential material (the object of the search) is on the person
OR
(2) If you suspect the person is in possession of a dangerous item that posses a threat to safety and you believe that immediate action is needed to address that threat.

Question 22

What is Section 122 of the S-S Act 2012?

Moving a vehicle for the purpose of search or safekeeping

Answer 22

If you find or stop a vehicle and you have:

• Lawful authority to search the vehicle, but it is impracticable to do so at that place.
  OR
• Reasonable grounds to believe that it is necessary to move the vehicle for safekeeping.

You MAY:

• Move the vehicle to another place.

Question 23

What is Section 121 of the S-S Act 2012?

Stopping a vehicle without a warrant for the purpose of search.

Answer 23

If you are satisfied that there are ground to conduct a warrantless search under this act you MAY:

• Stop a vehicle to conduct the warrantless search 121(1)

If you are satisfied that a search warrant has been issued under this act, and it is in force you MAY:

• Stop a vehicle to execute the search warrant 121(2)

Question 24

What is Section 123 of the S-S Act 2012?

Seizure of items in plain view

Answer 24

This section applies to an enforcement officer who, as part of his or her duties, exercises a search power, is lawfully in any place or in or on a vehicle is conducting a lawful search of a person.

An enforcement officer to whom this section applies may seize any item or items that he or she, or any person assisting him or her, finds in the course of carrying out the search or as a result of observations at the place or in or on the vehicle, if the enforcement officer has RGTB that he or she could have seized the item or items under
any search warrant that could have been obtained by him or her under this Act or any other enactment or
any other search power exercisable by him or her under this Act or any other enactment.
If an enforcement officer seizes any item or items under subsection in circumstances where he or she is not already exercising a search power, the enforcement officer may exercise any applicable power conferred by section 110 in relation to the seizure of the item or items.

Question 25

What is Section 125 of the S-S Act 2012?

Special rules about searching persons

(a) ?
(b) ?
(c) ?
(d) ?
(e) ?
(i) ?
(j) ?

Answer 25

• (a) & (b) You must RAN
• (c)if not in Police uniform, must produce evidence of his or her identity.
• (d) May detain the person to enable the search to be carried out (wherever the search is to be carried out), but only for as long as is necessary to achieve that purpose
• (e) May use any force that is reasonable for the purposes of the search.
• (i) May search any item that the person is wearing or carrying or is in the person’s physical possession or immediate control.
• (j) May seize any thing carried by the person or in the physical possession or immediate control of the person being searched if that thing is the subject of the search or may otherwise be lawfully seized.

Question 26

What is Section 131 of the S-S Act 2012?

Identification and notice requirements for person exercising search power (other than remote access search)

(1) (a)(b) and (3)

Answer 26

(1)
(a) RAIN
(b) RAIN and a copy of the search warrant.
(3) Use reasonable force in order to effect entry into or onto the place, vehicle, or other thing.

Question 27

What is Section 169 of the S-S Act 2012?

Reporting of exercise of powers within law enforcement agency

(1)?

Answer 27

(1) Any constable who exercises a warrantless entry power, search power, or surveillance power of this Act must provide a written report on the exercise of that power as soon as practicable after the exercise of the power.

(4)
This section does not require the provision of any report in respect of

(a) A rub-down search of a person under section 85 or 88 that is undertaken in conjunction with that person’s arrest or detention under any enactment:
(b) Any search of a person in lawful custody carried out under section 11.
(c) The exercise of any power of entry that does not also confer a power of search.
(d) A search undertaken by consent.