Search and Surveillance Act 2012 Flashcards
What is Section 169 of the Search and Survelliance Act 2012?
You must complete a report if you execute a warrantless entry power, search power or survelliance power
except for S85, s88, s11, s14
What is Sec 17?
(14yrs+ offences)
Warrentless entry and search of vehicles for EM
If vehicle in a public place and have r.g.believe that
EM relating to a 14 yrs+ offence is in or on the vehicle
you may
enter and search
What is Sec 16?
(14+yrs offences)
Searching people in public place w/o warrant for EM (14+yrs jail)
If believe person has EM relating to 14+yrs offence
may search
What is sec 116?
Securing a place, vehicle to be searched
116(1)(a)
- may secure place or vehicle, other thing
- secure any area in/on the place, vehicle, other thing
- secure items found
116(1)(b)
- can EXCLUDE any person if r.g.b person will obstruct or hinder search
116(2)
- if you are exercising this power and an affected person requests it you must:
state Act, reason for search, identify yourself (RAN)
What is Sec 128?
Duty to remain stopped
If you exercise power to stop vehicle
or
to search a vehicle
then: you can require car to remain stopped for as long is reasonably necessary.
what is Sec 121?
Stop to SEARCH
sec 121 (1) warrantless searches
sec 121 (2) stop to execute a warrant
When you exercise a power to search a person you may.…
Detain: the person for a slong as it is necessary to carry out the search
Use Force; that is reasonable for the purposes of the search
Search: any item that the person is wearing, carrying, or is the persons physical possession or immediate control
Seize anything the person is carrying or in their physical possession or immediate control if the thing is the subject of the search or maybe lawfully seized
What is sec 20?
Warrantless search of place and vehicles for drugs
If you have rgb that in or on a place/vehicle there is:
a controlled drug or precursor substance
and
you have rgb not practicable to get a warrant
and
you have rgs that in or on place/vehicle and offence against MODA 1975:
has been committed, or
is being committed, or
is about to be committed
and
you have rgb that is entry and search is not effected immediately the EM will be CADD
you may:
enter and search place/vehicle w/o/w
What is Section 93 of the Search and Surveillance Act 2012?
Advice to be given before a consent search is undertaken:
- determine the search is for a purpose under sec 92
- advise the person of the reason for the proposed search
- advise the person that they may either consent to be searched or refuse
What is Section 11 of the Search and Survelliance Act 2012?
Warrantless Custody Search
You may conduct a warrantless search of any person who has been taken into lawful custody and is to be locked up:
- 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
What is Sec 118?
Power of Detention when searching places/vehicles
If exercising search power in relation to a place/vehicle and need to determine CONNECTION between a person and subject of search:
you may DETAIN any PERSON who:
is in that place or in or on the vehicle at the start of the search
or
arrives at the place while the search is being carries out
or
stops at, enters, or tries to enter the vehicle while search happening
What is Section 7 of the Search and survelliance Act 2012?
Entry without warrant to arrest a 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 a vehicle
you may:
- enter the place or vehicle without a warrant to search for and arrest that person
What is sec 18?
Warrantless search associated with arms
If have rgs that a person is carrying arms, is in possession of them or has under their control and:
the person in breach of Arms Act 1983
or
the person, because of physical/mental condition is incapable of having proper control of arms
or
the person by reason of mental/physical condition may kill or cause bodily injury to any person
or
a p.o is in place against them
or
there are grounds to make an application for a p.o
or
a pso is in place against them
then you may do all or any of the following:
search the person
search anything in their possession or control
enter a place/vehicle to search: the person or anything in their possession or control
seize and detain any arms found
seize and detain the persons flicno
what is sec 129?
Duty to provide information
if you exercise a power to stop a vehicle yoiu must provide driver with :
name
act
reason
What is Section 13 of the Search and Surveillance Act 2012 for?
Property taken from people locked up in police custody
you must return any property taken from the person when they are released from custody
- unless it may be used in evidence or
- their possession may constitue an offence
What is Section 83 of the Search and Survelliance Act 2012?
Entry without warrant after arrest
if you have arrested someone and have reasonable grounds to believe that:
evidential material relating to the offence for which the person was arrested is at a place
and
if entry is delayed in order to obtain a search warrant, the evidential material will be concealed, altered, damaged, destroyed
CADD
What is Section 15?
(+14yrs offences)
Entry w/o warrant into a place to find and avoid loss EM
If R.G.S
offence punishable by +14 yrs prison
has been committed, or
is being committed, or
is about to be committed
AND you have R.G.B
that EM in place
AND CADD
you may enter and search w/o warrant
What is Section 29 of the Search and Survelliance Act 2012?
Power to search vehicles without a warrant for stolen property
If you have reaonable grounds to believe that:
any stolen property is in or on any vehicle
you may:
search the vehicle without warrant
What is Section 131?
An obligation and process to follow to enter and search property or a vehicle lawfully
RAIN
(1) (a) before initial entry announce Intention, Name
(1) (b) give Act and Reason
(3) may use reasonable force to make entry if persons refuse entry within a reasonable time
What is Section 110 of the Search and Survelliance Act 2012?
A search authorisation
Every search power allows you to:
(a) enter and search any place, vehicle and thing, that you are authorised to enter and search
(b) request assistance
(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 or anything else that may be lawfully seized
(e) bring and use any equipment, their electricity, vehicle
What is Section 14 of the Search and Survelliance Act 2012?
Warrantless entry to prevent offences or respond to risk to life or safety
(power of entry for emergencies)
If you have reasonable grounds to suspect that in relation to a place or vehicle:
- 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
OR
- there is a risk to the life or safety of any person that requires emergency response
you may:
enter the place or vehicle without warrant
and
take any action that you have reasonable grounds to believe is necessary
- to prevent the offending from being committed or happening
or
- to avert the emergency
What is sec 21?
Warrantless search of people found in places or vehicles
If you conduct search under S20 you may:
search any person found in or on the place/vehicle w/o/w
What is sec 119?
Powers to search persons at a place or vehicle
You can SEARCH any PERSON
found at place/vehicle (118)
if either
sec 119(1) you have rg to BELIEVE EM on that person
or
sec 119(2) - you have rg to suspect the person has in their possession a dangerous item that poses a threat to safety and you believe immediate action is needed to address that threat
What is Section 84 of the Search and Survelliance Act 2012?
warrantless entry and search of a 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 is in or on a vehicle
you may:
enter and search that vehicle for the evidential material without warrant (whether or not the person was arrested was with the vehicle)
What is sec 123?
Seize items in plain view
What is Section 85 of the Search and Surveillance Act 2012?
Rub down search of arrested or detained persons
You may carry out a rub down search of arrested or detained persons when:
- to ensure that the person is not carrying anythingthe may be used to:
- harm any person, or,
- facilitate any escape
This is as of right, you do not need any belief or suspicion
When can you search someone?
All searches must be lawful and reasonable and authorised by legislation.
You must always either:
- execute a search warrant
- exercise a warrantless power
- conduct a consent search
What must you do when exercising a power to search someone?
You must:
RAN (NAR)
Name: identify yourself by name or identifier
Act: advise the person of the enactment under which the search is taking place
Reason for the search: unless it is impracticle to do so.
What is sec 22?
Search for controlled drugs and precursor substances if suspect an offence against MODA 1975 (pedestrian)
if you have r g believe that a person is in possession of drug or precusor and
you have rgs that an offence against MODA 1975:
has been committed
is being committed
is about to be committed
then you may search the person
What is Section 92 of the Search and Survelliance Act 2012?
A Consent Search
You may conduct a consent search:
- to prevent the commission of an offence
- to investigate whether an offence has been committed
- to protect life or property
- to prevent further injury or harm
What is Section 88 of the Search and Surveillance Act 2012?
Warrantless search of arrested or detained persons
you may search a person pursuant to arrest or statutory detention if you have reasonable grounds to believe the person is carrying anything that:
- is evidential material relating to the offence in respect they have been arrested or detained
- may be used to harm any person
- may be used to facilitate the persons escape
What is Sec 122?
Moving a vehicle for purpose of searching
If have lawful authority to search a vehicle but impracticable to do so at that place
or
r.g.b necessary to move car for safekeeping
what is Section 8 of the Search and Survelliance Act 2012?
Section 8 - Entry without warrant to avoid loss of offender or evidential material
If you have reasonable grounds to:
suspect that a person has committed an offence punishable by imprisonment for which they may be arrested without warrant
and
believe that the person is in a place or vehicle
and
believe that, if entry is not effected immediately, either or both of the following may occur:
the person will leave the place or vehicle to avoid arrest
-evidential material relating to the offence for which the person is to be arrested will be concealed, altered, damaged or destroyed (CADD)
you may:
enter that place or vehicle without warrant
and
search for and arrest the person you suspect has committed the offence
