Search and Surveillance act 2012 Flashcards
Section 125
RAN/ obligations
Section 85
Harm/escape/ no reason to believe.
Detained or arrested people
Section 88
Evidential material
Arrested or detained people
Good reason to believe
Section 11
Custody - property and money
Section 13
Return property
Section 123
Plain sight
Section 93
Consent search
Section 121
Stop a vehicle to search (with or without warrant)
Section 9
Stop a vehicle to arrest
Section 131
RAIN/obligations/Power to use force to enter
Section 110
Power to use force on property or seize property/ incidental powers
Section 14
Power to enter to prevent offence or harm
Section 7
Power to enter vehicle/property to search and arrest someone at large
Section 8
Power to enter a vehicle/property to search and arrest someone you believe has committed an imprisonable offence.
Section 83
Power to enter property and search for evidential material after someone has been arrested.
Section 84
Power to enter vehicle after you have arrested someone to search for evidential material.
Section 29
Search a vehicle for stolen property
Section 169
Report use of warrantless search powers
What search powers come under RAN?
- 85
- 88
- 11
What search powers come under RAIN?
-7
-8
-83
-84
-29
-15
-17
-18
20
28
Section 18
Search a person and in anything in their control or possession (including vehicle).
Enter places/vehicles to search for firearms
Section 20
Enter places or vehicles to search for drugs
Section 122
Move a vehicle to search it
Section 128
May require the vehicle to remain stopped as long as reasonably necessary.
Section 15
RGTS 14+ year offence (is/has/going to be)
Entry to search PLACE for evidential material to avoid CADD
RGTB EM in that place
Section 17
RGTS 14+ year offence (is/has/going to be)
Search VEHICLE in a PUBLIC place
Doesn’t need threat of CADD
RGTB evidential material
Section 16
RGTS 14+ year offence (is/has/going to be)
Search person in a public place
RGTB evidential material
Section 116
“116 yellow tape and sticks”
Secure and exclude
Section 118
“Are you connected mate?”
Detain a person in a place or vehicle to determine connection to incident
Section 119
“Powers for people arriving at scene”
Detain people arriving at place or vehicle you are searching if you believe they have weapons or EM.