Search and surveillance act 2012 Flashcards
Sec 7
Entry w/out warrant to arrest person at large.
Sec 8
Suspect that offender has committed an arrestable offence and suspect that he is in a place where he might leave from or will destroy evidences.
Sec 11
Searching people w/out warrant that are already in custody. In a police station, similar used building or police car if suspect has anything that can endanger himself or others.
Sec 14
Enter a place or vehicle w/out warrant with force if necessary is suspect danger to life, injury, serious damage or loss to property, to prevent offence to continue or avert emergency.
Sec 85
Rub-down search of a person when arrested or detained to ensure offender does not carry anything to harm or escape.
Sec 88
Search offender in custody if reasonable ground to believe has evidential material, used to harm, facilitate escape.
Sec 92
Search with consent to prevent or stop an offence, preserve life, property, to prevent injury or harm.
Sec 93
Advice person searched under Sce 92 that they can refuse at any time
169
Online notification to superior
Sec 125
NARI = Name, Act, Reason, ID (if not in uniform with hat).
9
stopping a vehicle to find person at large
10
power to ask details to everyone in the vehicle if committed an offence or suspected at large
121(1)
stopping a vehicle to search w/out warrant
121(2)
stopping a vehicle to search with warrant
122
Power to move vehicle to search or safekeeping
128
Duty to remain stopped until search completed
129
Duty to provide driver with NARI
18
Search for arms
20
Search places or vehicles for drugs
21
Search people in places or vehicles for drugs
29
Search vehicle for stolen property
15
Entry /search place for evidential material
16
Search people in public place for evidential material
17
Entry search vehicle for evidence material
83
After arrest can enter place to avoid CADD
84
After arrest can enter vehicle to avoid CADD
30
Obtain authorisation for road block
31
Power to establish road block
112
Seize item in plain view of uncertain status
123
Seize item in plain view
176
leaving search in breech of police direction
177
failing to stop for search
178
Disclosing informations obtained from search
91
Use consent search if no other is available
92
Use consent search for: stop/prevent offence, preserve life, property, prevent injury/harm
93
consent search: Provide person searched with reason and rights
94
consent search unlawful if person is under 14yo, breech of 92 or 93
95
less than 14yo cannot consent to search unless in a vehicle and nobody older
85
RUB DOWN for detained arrested people
88
search detained or arrested people
86
Can search clothes and bag to help rub down
87
Can search mouth, nose, ears in rub down only visually
11
search for people locked up
13
can seize money / property people in custody, must deliver to next facility
133
Searched place occupier must be given written notice or warrant AND seized items list
150
Seized items from search to be returned ASAP
151
Seized items to be held max 6 months police custody
152
Items can be returned if a photo is sufficent
169
Online notification
125
Searching a person NARI
131
Searching place, vehicle thing NARI + intention to enter
110
Power of search, seize copy….
113
Power of person to assist in search… not searching people tho
118
Determinate connection between person and scene, searched place vehicle
119
Power to search person in vehicle , place been searched
120
Power to pursue person who flee
116
Can secure area , vehicles, items to search
