Search and Surveillance Act 2012 Flashcards
Emergencies and Wanted Persons
Section 7
Entry without Warrant to arrest person unlawfully at large
Enter place or vehicle WOW
RGTS - person unlawfully at large
RGTB that person is there
Emergencies and Wanted Persons
Section 8
Enter place or vehicle to search for and arrest a suspect, offender or avoid CADD ( Conceal, altered, destroyed or damaged).
-RGTS offence committed (Imprisonment) and
-RGTB person is there
and
-RTGB if not immediate CADD will occur
Stopping Vehicle
Section 9
Stop vehicle and arrest a person if: -RGTS person in vehicle is Unlawfully at Large or -has committed imprisonable offence and -RGTB that person in vehicle
Powers during Search
Section 10
Vehicle may be searched for evidence if:
- Stopped under Section 9 and
- person is arrested or fleas
Arrest and Detention
Section 11
Search any person who is or about to be “locked up”.
Emergencies and Wanted Persons
Section 14
Enter place or vehicle and take any action, if:
RGTS:
-Offence being/about to be committed
-Risk to life or safety
-Serious damage or lost of prop
-Risk to person requiring emergency response.
Entry & Search for Evidence of 14yrs + Offences
Section 15
Enter and search a place WOW: -RGTS offence (14 years +) has/about/being commited and -RGTB evidential material in that place and -If delayed CADD will occur
Entry & Search for Evidence of 14yrs + Offences
Section 16
Search any person in public place if:
-RGTB evidential material on person
and
-offence committed 14yrs+
Entry & Search for Evidence of 14yrs + Offences
Section 17
Search any vehicle in public place if:
RTGB evidential material in vehicle
and
Offence committed 14yr +
Firearms
Section 18
-Search person, persons possession/control (vehicle),
-Enter place/vehicle for above
-Seized arms found and licence (Arms Act 1983)
if RGTS:
-been a breach of Arms Act
-Physical/Mental Condition
- incapable of control
- may kill/GBH to person
-PSO or Protection Order in place or ground for Protection Order.
Drugs/Precursors
Section 20
Enter and search place/vehicle: -RGTB not practicable to get warrant and in place/vehicle: -Drug Schedule 1 of MODA -Drug part 1 of Schedule Two of MODA -Drug Part 1 Schedule 3 of MODA -Drug Part 3 Schedule 4 of MODA -RGTS place/vehicle offence of MODA is/been/about committed -RGTB if not immediate CADD will occur
Drugs/Precursors
Section 21
Search Person found in place/vehicle:
When conducting search under Section 20
Drugs/Precursors
Section 22
Search person in public place if:
RGTB in possession of illicit drugs
RGTS offence of MODA has/is/about commited
Offensive Weapons
Section 27
Search person in public place:
RGTS 202A(4)(a) CA61 (Knife, Offensive Weapon, Disabling Substance)
is being committed
Offensive Weapon
Section 28
Stop and Search Vehicle if:
RGTS person in vehicle or left vehicle committing offence under 202A(4)(a) (knife, offensive weapon, disabling substance).
Stolen Property
Section 29
Search vehicle if:
RGTB any stolen property in/on vehicle
Stopping Vehicle
Section 30
Acting Sgt and above authorize road block if:
-RGTB Section 9
and
-RGTS person will travel past proposed road block.
and
-satisfied safety of road users ensured in area
Granted Orally/Written
Arrest and Detention
Section 83
After arrest:
Arresting officer may E & S place for evidence(re offence) if:
-GGTB CADD will occur
-Arrested their or not
Arrest and Detention
Section 84
After arrest:
Arresting officer may E & S if:
RGTB vehicle contains evidence re offence
Arrest and Detention
Section 85
Arrested or Detained:
-Rubdown search for anything that may harm or facilitate escape
Arrest and Detention
Section 88
Search person arrested or Detained if: -GRTB evidence -harmful items -facilitate escape on person
Consent Searches
Key Points
- Consider Warrant/less power
- Reason to justify for consent
- Inform of refusal/withdrawal
- Under 14 cannot consent unless found driving.
Consent Searches
Section 92
May ask a person to consent to undergo a search for purpose of:
- to prevent an offence
- protect life/injury or prop
- investigate whether an offence been committed
- exercise a power under an enactment
Consent Searches
Section 93
Prior to consent search: -Search is for purpose under Section 92 -Advise the reason, consent and refuse to search
Consent Searches
Section 94
Search is unlawful if:
- not for purpose under S92
- fail to give the required advise under S93
- search person who can not given authority
Consent Searches
Section 95
Restriction of under 14 consent;
- Cannot give consent to search
- Exception if they found driving and no adult passengers
- does not prevent consent of person/ possessions in immediate control
Consent Searches
Section 96
Consent search rules don’t apply:
- as a condition of entry to public or private place (sport fixture etc)
- power conferred by an enactment
- affect the rule of law relation to the implied licence to enter prop.
Consent searches
Definition
Implied Licence
Implied Licence
- assume members of public/police can enter private property to make inquiry of an occupier. (go to front door)
- Implied licence can be revoked at anytime
Powers during Search
Section 116
-secure place/vehicle/thing
being searched and
-RTGB person will hinder search… exclude any person
Power during Search
Section 118
Searcher detain person:
-at, arriving at place or vehicle to establish connection to search
Power during Search
Section 119
Search any person at, or arriving, or leaving place of vehicle being searched: -RGTB evidence on person or -RGTS dangerous items and -RTGB intimidate action in necessary
Notifications
Section 169
Must notify of warrant less search or entry power unless:
Section 85, 88, 11, 14
Emergencies and Wanted Persons
Section 120
Intend to search person/vehicle but leaves prior
-Search upon apprehension (person/vehicle)
-Enter any place to apprehend person/vehicle
MUST:
-freshly pursued from initial location
-RGTB that relevant evidential material is on person/vehicle
