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CIK (2018) > Search and Surveillance Act 2012 > Flashcards

Search and Surveillance Act 2012 Flashcards

1
Q

Section 7

A

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

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2
Q

Section 8

A

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

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3
Q

Definition for person(s) unlawfully at large:

A
  • 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
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4
Q

Section 14

A

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

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5
Q

Section 120

A

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

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6
Q

Section 15

A

14+ offence:

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

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7
Q

Section 16

A

14+ offence:

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

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8
Q

Section 17

A

14+ offence:

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

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9
Q

Section 18

A

Firearms

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

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10
Q

Section 20

A

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)

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11
Q

Section 21

A

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

(twenty one, you too son)

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12
Q

Section 22

A

Search a person in public place if RGTB drugs/ precursors

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13
Q

Section 27

A

Search person, public place, RGTS offensive weapon

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14
Q

Section 28

A

Enter and search vehicle, public place and RGTS offensive weapons

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15
Q

Section 9

A

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)

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16
Q

Section 30

A

(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

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17
Q

Section 32

A

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

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18
Q

Section 121

A

Stopping vehicles with or without warrant for purposes of search

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19
Q

Section 110

A

(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
20
Q

Section 125

A

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
21
Q

Section 131

A

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
22
Q

Section 123

A

( one two three, seize and see)

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

23
Q

Section 112

A

(112, i don’t know about you)

Items or uncertain status may be seized

24
Q

Section 117

A

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

25
Q

Section 83

A

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

26
Q

Section 84

A

Arrest / Detention

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

27
Q

Section 85

A

Arrest / Detention

Rubdown search of any person detained or arrested (Under another Act)

for anything that may HARM a person or FACILITATE ESCAPE

28
Q

Section 88

A

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

29
Q

Section 11

A

Arrest / Detention

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

30
Q

Section 10

A

Power during Search

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

31
Q

Section 116

A

Power during Search

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

32
Q

Section 118

A

Power during Search

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

33
Q

Section 119

A

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

34
Q

Section 169

A

Notification

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

35
Q

Section 45

A

Restrictions on some trespass surveillance and use of interception device

36
Q

Section 46

A

Activities for which surveillance device warrant required

37
Q

All searches must be _____________ and __________________

A

lawful and reasonable

38
Q

What is the search hierarchy?

A
  1. Search warrant
  2. Warrant less search power
  3. Consent search (least desirable)
39
Q

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.

A

True

Why?

You may need to rely on this record in court

40
Q

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

A

documented

accounted

41
Q

True or false?

Section 8 gives you the power to search for evidential material

A

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)

42
Q

True or False?

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

A

False:

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

43
Q

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

A

b) 3 months

44
Q

True or false?

The results of every search warrant must be recorded in the online system

A

True

45
Q

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

A

a s104 search warrant report

46
Q

Who are issuing officers?

A

District Court Judge

High Court Judge

Justice of the Peace

Community Magistrate

Registrar

CIK (2018) (7 decks)

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