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CIK Study > Search and Surveillance Act 2012 > Flashcards

Search and Surveillance Act 2012 Flashcards

1
Q

Emergencies and Wanted Persons

Section 7

A

Entry without Warrant to arrest person unlawfully at large

Enter place or vehicle WOW
RGTS - person unlawfully at large
RGTB that person is there

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2
Q

Emergencies and Wanted Persons

Section 8

A

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

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3
Q

Stopping Vehicle

Section 9

A 
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
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4
Q

Powers during Search

Section 10

A

Vehicle may be searched for evidence if:

  • Stopped under Section 9 and
  • person is arrested or fleas
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5
Q

Arrest and Detention

Section 11

A

Search any person who is or about to be “locked up”.

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6
Q

Emergencies and Wanted Persons

Section 14

A

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.

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7
Q

Entry & Search for Evidence of 14yrs + Offences

Section 15

A 
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
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8
Q

Entry & Search for Evidence of 14yrs + Offences

Section 16

A

Search any person in public place if:
-RGTB evidential material on person
and
-offence committed 14yrs+

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9
Q

Entry & Search for Evidence of 14yrs + Offences

Section 17

A

Search any vehicle in public place if:
RTGB evidential material in vehicle
and
Offence committed 14yr +

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10
Q

Firearms

Section 18

A

-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.

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11
Q

Drugs/Precursors

Section 20

A 
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
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12
Q

Drugs/Precursors

Section 21

A

Search Person found in place/vehicle:

When conducting search under Section 20

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13
Q

Drugs/Precursors

Section 22

A

Search person in public place if:

RGTB in possession of illicit drugs

RGTS offence of MODA has/is/about commited

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14
Q

Offensive Weapons

Section 27

A

Search person in public place:

RGTS 202A(4)(a) CA61 (Knife, Offensive Weapon, Disabling Substance)

is being committed

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15
Q

Offensive Weapon

Section 28

A

Stop and Search Vehicle if:

RGTS person in vehicle or left vehicle committing offence under 202A(4)(a) (knife, offensive weapon, disabling substance).

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16
Q

Stolen Property

Section 29

A

Search vehicle if:

RGTB any stolen property in/on vehicle

17
Q

Stopping Vehicle

Section 30

A

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

18
Q

Arrest and Detention

Section 83

A

After arrest:
Arresting officer may E & S place for evidence(re offence) if:
-GGTB CADD will occur
-Arrested their or not

19
Q

Arrest and Detention

Section 84

A

After arrest:
Arresting officer may E & S if:
RGTB vehicle contains evidence re offence

20
Q

Arrest and Detention

Section 85

A

Arrested or Detained:

-Rubdown search for anything that may harm or facilitate escape

21
Q

Arrest and Detention

Section 88

A 
Search person arrested or Detained if:
-GRTB evidence
-harmful items
-facilitate escape
on person
22
Q

Consent Searches

Key Points

A
  • Consider Warrant/less power
  • Reason to justify for consent
  • Inform of refusal/withdrawal
  • Under 14 cannot consent unless found driving.
23
Q

Consent Searches

Section 92

A

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
24
Q

Consent Searches

Section 93

A 
Prior to consent search:
-Search is for purpose 
 under Section 92
-Advise the reason, consent 
 and refuse to search
25
Q

Consent Searches

Section 94

A

Search is unlawful if:

  • not for purpose under S92
  • fail to give the required advise under S93
  • search person who can not given authority
26
Q

Consent Searches

Section 95

A

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
27
Q

Consent Searches

Section 96

A

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.
28
Q

Consent searches
Definition

Implied Licence

A

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
29
Q

Powers during Search

Section 116

A

-secure place/vehicle/thing
being searched and
-RTGB person will hinder search… exclude any person

30
Q

Power during Search

Section 118

A

Searcher detain person:

-at, arriving at place or vehicle to establish connection to search

31
Q

Power during Search

Section 119

A 
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
32
Q

Notifications

Section 169

A

Must notify of warrant less search or entry power unless:

Section 85, 88, 11, 14

33
Q

Emergencies and Wanted Persons

Section 120

A

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

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