Search and Surveillance Act 2012 Flashcards
Locked up
A person taken into lawful custody and placed behind a closed or locked door that prevents them from leaving.
Reasonable grounds to believe
Believing that a situation or circumstance actually exists.
Reasonable grounds to suspect
Believing that a situation or circumstance is likely to exist.
Unlawfully at large
In relation to a person, means that the person:
- Has a WTA (not fines)
- Escaped prison or AWOL
- Escaped custody
- Special patient escaped or AWOL
- “Young person” absconding from Youth Court
“Supervision with residence” order
Section 131
This is your RAIN before initial entry relating to places or vehicles.
When is R.A.I.N. NOT appropriate?
No person is lawfully present OR Complying with these requirements would: - Endanger any person's safety, or - Prejudice the successful use of the search and entry power, or - Prejudice ongoing investigations.
Section 169
Reporting use of warrantless power of entry, search or surveillance through online notification.
When is 169 NOT needed?
Sections:
- 85 & 88
- 11
- 91-96
- 14
Section 110
SUPERCAR CD: S - Seize items that can be lawfully seized U - Use equipment to search the address P - Photos E - Enter and search the address R - Request any person to assist C - Copy documents that can be seized A - Access computer systems R - Reasonable force to execute the search
C - Copy intangible materials
D - Dog (using for a search)
Section 113
A constable calling upon another for assistance with exercising a search power.
Section 116
Securing a place, vehicle or other thing to be searched.
Section 118
Detaining any person in order to establish their connection to a place or vehicle you may be searching.
Section 119
Power to search any persons at a place or vehicle if reasonable grounds to believe they may have the evidential material on them or you suspect they may have a dangerous item that poses an immediate threat to safety.
Section 120
Power to pursue a person or vehicle if they flee a search location before you are able to start or complete the search.