Search And Surveillance Act 2012 Flashcards
S125
Rules and obligations when searching a person You must RAN reason Act Name
131
Search power relating to a place or vehicle or other thing You must RAIN reason Act Intent Name
S7
Unlawfully at large
RGTS unlawfully at large. Search vehicle or place without warrent to k9 that person.
Must 169
S8
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.
S9
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.
S10
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
S11
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
S13
Must return all property unless it is being used as evidence or it is an offence
S14
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.
S15
Serious offence. Enter without warrent to find and avoid loss of em. Em, place, cadd. You may also: Secure place Exclude Detain Use force
S16
Serious offence. 14+. Searching people in public place.
Em, people, public place.
May also:
Detain, search, seize.
S17
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
S27
Offensive weapons (public place) RGTS someone has offensive weapon you can search for weapon.
S28
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.
S29
Stolen property
RGTS any stolen property is in or on any vehicle, can search vehicle.
S30
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.
S83
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.
S84
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
S85
Rub down search
Search of k9d or detained person for anything that could harm or facilitate their escape
S88
Evidential material
Warrentless search of of person for em in relation to offence
S91-96
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
110
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
S121
Stopping a vehicle
You may stop to carry out a search without warrent or execute a search warrent.
S122
Moving
You may move vehicle if it’s not safe or impractical. (Weather)
S128
Duty to remained stopped
For as long as needed
S123
Items in plain view
Seizure of items in plain view
S169
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
S116
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”
S118
When searching any place or vehicle you can detain someone to determine if they steal the subject of that search.
S119
Incidental search at a place/vehicle
If person is under 118 detention you can search if you believe evidential material is on them
S120
Power to pursue anyone who flees
S117
Secure a place or vehicle for 6 hours when search warrent is being applied for
128
Duty to remain stopped
As long as nessessary
