Search and Surveillance Act 2012

Question 1

Section 7

Answer 1

Entry without warrant to arrest person unlawfully at large

(seven WTA’s for devon)

If you have
RGTS a person is unlawfully at large

and

RGTB that the person is in a place or vehicle

you may enter the place or vehicle without warrant to search for and arrest the person

Question 2

Section 8

Answer 2

Entry without warrant to avoid loss of offender or evidential material

(section eight, If we wait, CADD mate)

Enter place or vehicle, to search for an arrest a suspect, to avoid loss of offender or CADD

Question 3

Definition for person(s) unlawfully at large:

Answer 3

• WTA
• Escaped from prison
• Escaped police custody
• Special or restricted patient - escaped or AWOL (Mental Health)
• Special care recipient 0 escaped or AWOL
• Young person under YC supervision with residence order

Question 4

Section 14

Answer 4

Warrant less entry to prevent offence or respond to risk to life or safety

(one four, knock down the door)

Enter place or veh to take any action, to prevent offence (injury or serious damage) or as emergency response if risk to life or safety

Question 5

Section 120

Answer 5

Powers of search when suspect pursued

(Devon going 120km/h)

Person or vehicle leaves before search completed, may enter place to apprehend person or vehicle, if person freshly pursued and RGTB there is evidence

Question 6

Section 15

Answer 6

14+ offence:

Enter and search a place, offence (has/is/about) committed, if RGTB CADD will occur

Question 7

Section 16

Answer 7

14+ offence:

Search a person in a public place, if RGTB person has evidence

Question 8

Section 17

Answer 8

14+ offence:

Search a vehicle in a public place, if RGTB vehicle contains evidence

Question 9

Section 18

Answer 9

Firearms

Search person and things (incl vehicle) under their control, enter place or vehicle, to search for and seize arms/ licence

Question 10

Section 20

Answer 10

Warrantless search of places and vehicles in relation to MODA.

Enter and search place or vehicle, only when s/w impracticable and RGTB CADD will occur

(Section two - o, before the drugs go)

Question 11

Section 21

Answer 11

Search person in place or vehicle, while conducting a s 20 search

(twenty one, you too son)

Question 12

Section 22

Answer 12

Search a person in public place if RGTB drugs/ precursors

Question 13

Section 27

Answer 13

Search person, public place, RGTS offensive weapon

Question 14

Section 28

Answer 14

Enter and search vehicle, public place and RGTS offensive weapons

Question 15

Section 9

Answer 15

Stop vehicle to, to arrest a person unlawfully at large or who has committed an offence punishable by imprisonment. RGTB that the person is in the vehicle.

(Section nine stop you swine)

Question 16

Section 30

Answer 16

(Mikey is 30)

A/S or above may authorise road block for purpose of arresting person unlawfully at large or who has committed offence punishable by imprisonment

Question 17

Section 32

Answer 17

If roadblock is authorised: stop vehicles require details if RGTS an offence, search veh if RGTB person is in vehicle

Question 18

Section 121

Answer 18

Stopping vehicles with or without warrant for purposes of search

Question 19

Section 110

Answer 19

(one ten powerful blue men)

All search powers authorise the person to:

• Enter and search place, vehicle or thing
• Request assistance
• Use reasonable force to search
• Seize anything that is the object of the search and can be lawfully seized
• Bring or use equipment, including a dog
• access or copy intangible material/ documents
• take photographs and recordings

Question 20

Section 125

Answer 20

RAIN people

Special powers when searching persons

When exercising a power to search a person you must:

• ID yourself
• State Act unless impracticable
• explain reason for search
• if not in uniform produce evidence of ID
• detain person for search
• promptly provide inventory

Question 21

Section 131

Answer 21

RAIN place

When exercising a power to search a place, vehicle or thing you must:

• ID yourself
• explain reason for search or provide S/W
• use reasonable search to enter/ search
• provide inventory
• provide written notice

Question 22

Section 123

Answer 22

( one two three, seize and see)

Seize items in plain view, if lawfully in a place or vehicle

Question 23

Section 112

Answer 23

(112, i don’t know about you)

Items or uncertain status may be seized

Question 24

Section 117

Answer 24

Special powers where application for search warrant pending

Secure (not search) the scene until S/W obtained (6 hours max) if RGTB CADD may occur

Question 25

Section 83

Answer 25

Arrest / Detention After arrest, arresting officer may enter and search place for evidence, if GCTB CADD will occur. does not have to be the place of arrest

Question 26

Section 84

Answer 26

Arrest / Detention After arrest, arresting officer may search vehicle if RGTB veh contains evidence

Question 27

Section 85

Answer 27

Arrest / Detention Rubdown search of any person detained or arrested (Under another Act) for anything that may HARM a person or FACILITATE ESCAPE

Question 28

Section 88

Answer 28

Arrest / Detention Search any person arrested or detained (under another Act) if GRTB person has anything that is EVIDENCE or HARM a person or FACILITATE ESCAPE

Question 29

Section 11

Answer 29

Arrest / Detention Search any person who is or is about to be "locked up"

Question 30

Section 10

Answer 30

Power during Search Vehicle may be searched for evidence, if stopped under s9, and person is arrested or flees

Question 31

Section 116

Answer 31

Power during Search Searcher may secure place/ vehicle / thing searched (if RGTB person will hinder search) exclude any person

Question 32

Section 118

Answer 32

Power during Search Searcher may detain any person at, or arriving at vehicle, to establish connection to object of the search

Question 33

Section 119

Answer 33

Power during Search Search any person at, or arriving or leaving place or vehicle being searched, if RGTB the person has evidence or RGTS has dangerous item and RGTB immediate action necessary

Question 34

Section 169

Answer 34

Notification UNLESS s85, s88 (rubdown only), s11 (lockup search), or search power that does not confer search power eg s14

Question 35

Section 45

Answer 35

Restrictions on some trespass surveillance and use of interception device

Question 36

Section 46

Answer 36

Activities for which surveillance device warrant required

Question 37

All searches must be _____________ and __________________

Answer 37

lawful and reasonable

Question 38

What is the search hierarchy?

Answer 38

1. Search warrant 2. Warrant less search power 3. Consent search (least desirable)

Question 39

True or false, and why? You must record your reasonable grounds to suspect and/ or believe that were known at the time a warrant less search power was used.

Answer 39

True Why? You may need to rely on this record in court

Question 40

All property removed or seized from a place, vehicle and other thing must be appropriately _____ and ______for.

Answer 40

documented accounted

Question 41

True or false? Section 8 gives you the power to search for evidential material

Answer 41

False: You can search the place or vehicle for the PERSON for the purpose of arresting them (different from "evidential material relating to the offence for which the person is to be arrested will be CADD)

Question 42

True or False? Under Section 84, a vehicle does not have to be in a public place to search it

Answer 42

False: Section 84 is only intended to allow you to search a vehicle in a public place

Question 43

When applying for a search warrant, you must disclose the details of any previous applications made in the last ______ of the place, vehicle or other thing to be searched and the result of that application or applications that are known to you a) 2 months b) 3 months c) 6 months d) 12 months

Answer 43

b) 3 months

Question 44

True or false? The results of every search warrant must be recorded in the online system

Answer 44

True

Question 45

As a condition of the authorisation of your SW application, an IO (Issuing officer) may require you to complete

Answer 45

a s104 search warrant report

Question 46

Who are issuing officers?

Answer 46

District Court Judge High Court Judge Justice of the Peace Community Magistrate Registrar