Search And Surveillance Act 2012 Flashcards

1
Q

S125

A
Rules and obligations when searching a person
You must RAN
reason
Act 
Name
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2
Q

131

A
Search power relating to a place or vehicle or other thing
You must RAIN
reason
Act
Intent
Name
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3
Q

S7

A

Unlawfully at large
RGTS unlawfully at large. Search vehicle or place without warrent to k9 that person.
Must 169

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4
Q

S8

A

Loss of offender/evidence
Entry without warrent to avoid losing offender or evidence. RGTS person who committed offence punishable by imprisonment, can k9 without warrent in place or vehicle to avoid offender leaving/ CADD evidence.

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5
Q

S9

A

Stopping for unlawfully at large or committed impressionable offence.
RGTS person unlawfully at large in vehicle. May stop without a warrent.
Must show red and blues, uniform.

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6
Q

S10

A

Powers once stopped under section 9.
Must have done so stop. May demand details from target person, search vehicle for target person, search vehicle for em, if person has been k9d or seen fleeing

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7
Q

S11

A

Custody search
Warrantless search of people who are locked up or about to be or been in contact with anyone. Also to remove property such as money

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8
Q

S13

A

Must return all property unless it is being used as evidence or it is an offence

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9
Q

S14

A

Emergency powers
RGTS in relation to a place or vehicle that an offence is bring committed or about to be. Or risk to life of safety. You may enter without sw to prevent offending or avert emergency.

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10
Q

S15

A
Serious offence. Enter without warrent to find and avoid loss of em. 
Em, place, cadd. 
You may also:
Secure place
Exclude
Detain
Use force
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11
Q

S16

A

Serious offence. 14+. Searching people in public place.
Em, people, public place.
May also:
Detain, search, seize.

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12
Q

S17

A
Serious offence 14+. Warrentless entry and search of a vehicle in public place. 
Em, vehicle, public place. 
May also:
Stop vehicle 121
Secure
Exclude
Detain
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13
Q

S27

A
Offensive weapons (public place) 
RGTS someone has offensive weapon you can search for weapon.
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14
Q

S28

A

Offensive weapons - vehicle
RGTS person travelling in a vehicle is committing an offence in a public place against section 202 (offensive weapons) in-vehicle contains knife, offensive weapon, or disabling substance, can search.

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15
Q

S29

A

Stolen property

RGTS any stolen property is in or on any vehicle, can search vehicle.

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16
Q

S30

A

Obtaining authorization for Road blocks.
Acting sergeant or above may authorize road blocks if RGTS the vehicle will travel past and safety of public is satisfied.

17
Q

S83

A

Entry without warrent after arrest.
Rgtb em is present and at the place and entry is delayed to get a search warrent which would result in em being CADD. this can only be done by arresting officer.

18
Q

S84

A

Warrentless search of vehicle after arrest.
You may enter and search a vehicle for em if you have k9d and you believe em is in the vehicle.
Must observe 131 and 169

19
Q

S85

A

Rub down search

Search of k9d or detained person for anything that could harm or facilitate their escape

20
Q

S88

A

Evidential material

Warrentless search of of person for em in relation to offence

21
Q

S91-96

A

Consent searches
Under 14 years cannot consent to search of place thing or vehicle unless they are driving vehicle and there are no passengers that have authority over the vehicle

22
Q

110

A
Search powers
Can use reasonable force in respect to any property for purposes of search, can seize anything that's the subject of that search or anything that can be lawfully seized. C: use reasonable force in respect to any property to carry it out. 
D: seize anything that is subject of that search.
You can:
Bring and use a dog
Take any document
Copy
Use reasonable measurements
23
Q

S121

A

Stopping a vehicle

You may stop to carry out a search without warrent or execute a search warrent.

24
Q

S122

A

Moving

You may move vehicle if it’s not safe or impractical. (Weather)

25
Q

S128

A

Duty to remained stopped

For as long as needed

26
Q

S123

A

Items in plain view

Seizure of items in plain view

27
Q

S169

A

Reporting use of powers
when you use a warrentless power of entry or search you must report this.
Not sections: 85, 88, 11, 91-96, 14

28
Q

S116

A

Secure a vehicle and exclude
Secure any place or vehicle for the purpose of a search.
-can exclude anyone you believe will obstruct.
“On request and affected by”

29
Q

S118

A

When searching any place or vehicle you can detain someone to determine if they steal the subject of that search.

30
Q

S119

A

Incidental search at a place/vehicle

If person is under 118 detention you can search if you believe evidential material is on them

31
Q

S120

A

Power to pursue anyone who flees

32
Q

S117

A

Secure a place or vehicle for 6 hours when search warrent is being applied for

33
Q

128

A

Duty to remain stopped

As long as nessessary