Search and Surveillance Act 2012 Flashcards

1
Q

Locked up

A

A person taken into lawful custody and placed behind a closed or locked door that prevents them from leaving.

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2
Q

Reasonable grounds to believe

A

Believing that a situation or circumstance actually exists.

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3
Q

Reasonable grounds to suspect

A

Believing that a situation or circumstance is likely to exist.

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4
Q

Unlawfully at large

A

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

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5
Q

Section 131

A

This is your RAIN before initial entry relating to places or vehicles.

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6
Q

When is R.A.I.N. NOT appropriate?

A
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.
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7
Q

Section 169

A

Reporting use of warrantless power of entry, search or surveillance through online notification.

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8
Q

When is 169 NOT needed?

A

Sections:

  • 85 & 88
  • 11
  • 91-96
  • 14
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9
Q

Section 110

A
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)

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10
Q

Section 113

A

A constable calling upon another for assistance with exercising a search power.

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11
Q

Section 116

A

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

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12
Q

Section 118

A

Detaining any person in order to establish their connection to a place or vehicle you may be searching.

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13
Q

Section 119

A

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.

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14
Q

Section 120

A

Power to pursue a person or vehicle if they flee a search location before you are able to start or complete the search.

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