Search And Surveillance Act 2012

Question 1

What is section 131?

Answer 1

Identification and notice requirements to enter a place or vehicle or other thing.

RAIN

Question 2

What is section 125?

Answer 2

Rules and obligations when searching persons.

RAN + ID if not in uniform

Question 3

What is section 110?

Answer 3

Power incidental to search of places and vehicles.

What you can do when you are exercising a search power.

Question 4

What is section 9?

Answer 4

Stopping a vehicle to find persons unlawfully at large or who have committed certain offences.

Question 5

What is section 10?

Answer 5

Powers and duties of constable after vehicle stopped.

Demand name and address, and search vehicle for unlawfully at large person or who has committed an imprisonable offence

Question 6

What is section 169?

Answer 6

Reporting use of powers.

Question 7

What is section 83?

Answer 7

Entry without warrant after arrest.

After arrest you can search place if you believe they might CADD evidence

Question 8

What is section 84?

Answer 8

Warrantless entry and search of vehicle after arrest.

If you believe they might CADD evidence.

Question 9

What is section 85?

Answer 9

Rub-down search of arrested or detained persons

To prevent harm/escape.

Question 10

What is section 88?

Answer 10

Warrantless search of arrested or detained persons for evidential material.

Question 11

What is section 11?

Answer 11

Warrantless searches of people who are or are to be locked up in Police custody.

Question 12

What is section 13?

Answer 12

Property taken from people locked up in Police custody.

Return of property when bailed etc

Question 13

What is section 15?

Answer 13

Entry without warrant to find and avoid loss of evidential material.

Warrantless power to enter premises for offences 14 years+ and believe evidence being CADD

Question 14

What is section 16?

Answer 14

Searching people in public place without warrant for evidential material relating to certain offence

Question 15

What is section 17?

Answer 15

Warrantless entry and search of a vehicle for evidential material relating to certain offences.

14+ years imprisonment

Question 16

What is section 8?

Answer 16

Entry without warrant to avoid loss of offender or evidential material.

Enter if you believe they will abscond or CADD evidence

Question 17

What is section 7?

Answer 17

Entry without warrant to arrest person unlawfully at large

• Supervision Order for CYP and absconds
• Patient (special and restricted) and can be returned to hospital
• Escapes lawful custody
• Wanted on warrant to arrest

Question 18

What is section 14?

Answer 18

Warrantless entry to prevent offence or respond to risk to life or safety

• Emergency entry

Question 19

What is section 120?

Answer 19

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

Question 20

What is section 30?

Answer 20

Obtaining authorisation for warrantless road block

• Acting sergeant ornabovr may authorise road block for purpose of arresting person unlawfully at large, or who has committed offence punishable by imprisonment

Question 21

What is section 32?

Answer 21

Authorised road blocks implemented without warrant

• If road block is authorised: Stop vehicles, require details if RGTS an offence, search if RGTB person is in vehicle

Question 22

What is section 121?

Answer 22

Stopping vehicles with or without warrant for purposes of search

Question 23

What is section 122?

Answer 23

Moving a vehicle for the purpose of search for safekeeping

Question 24

What is section 128?

Answer 24

Duty to remain stopped

Question 25

What is section 129?

Answer 25

Duty to provide information if you stop a vehicle

Question 26

What is section 27?

Answer 26

Searching people in public places without warrant if offence against section 202(4)(a) of the Crimes Act 1961 suspected

• Search person, public place, if RGTS offensive weapons

Question 27

What is section 28?

Answer 27

Searching vehicles without warrant for offensive weapons

• Enter and search vehicle, public place, if RGTS offensive weapons

Question 28

What is section 29?

Answer 28

Power to search vehicles without warrant for stolen property

• Enter and search vehicle, public place, if RGTB stolen property

Question 29

What is section 112?

Answer 29

Items of uncertain status may be seized

• Remove items of uncertain status (if within scope of original search power)

Question 30

What is section 117?

Answer 30

Secure (not search) the scene until search warrant is obtained (6hrs max) if RGTB CADD may occur

Question 31

What is section 123?

Answer 31

Seizure of items in plain view

• If lawfully in place or vehicle

Question 32

What is section 18?

Answer 32

Warrantless searches associated with arms

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

Question 33

What is section 20?

Answer 33

Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences

• Enter and search place or vehicle only when warrant is impracticable and RGTB CADD will occur

Question 34

What is section 21?

Answer 34

Warrantless searches of people found in or on places or vehicles

• Search person in a place or vehicle while conducting s20 search

Question 35

What is section 22?

Answer 35

Warrantless power to search for controlled drugs and precursors substances if offence suspected against MODA 1975

• Search person in public place if RGTB drugs/precursors

Question 36

What is section 116?

Answer 36

Securing a place, vehicle, or other thing to be searched

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

Question 37

What is section 118?

Answer 37

Powers of detention incidental to powers to search places and vehicles

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

Question 38

What is section 119?

Answer 38

Powers to search persons at a place or vehicle

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