Search And Surveillance Act 2012 Flashcards
Section 19
Search of persons in relation to MODA 1975 offence search warrants.
A constable my search any PERSON found in or on a place or vehicle, in relation to which a search warrant is issued under section 6, if the offence that was specified in the application for the search warrant is an offence against the misuse of drugs act 1975
Section 20
Warrantless search of places and vehicles in relation to some MODA 1975 offences Constable my enter and search a place or vehicle without a warrant if he or she has reasonable grounds – (a) To believe that it is not practical to obtain A warrant and that in or on the place or vehicle there is – (i) A controlled drug specified or described in schedule 1; or (ii) A controlled drug specified or described in part 1 of schedule 2; or (iii) A controlled drug specified or described in part 1 of schedule 3 or (iv) A precursor substance specified or described in part 3 of schedule 4; and (b) to suspect that in or on the place or vehicle an offence against the misuse of drugs act has been committed, or is being committed, or is about to be committed, in respect of that controlled drugs or precursor substance; and (c) to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered or damaged
Section 21
Warrantless search of people found in or on places or vehicle A constable conducting a search of a place or vehicle under section 20 may, without a warrant, search any person found in all on the place or vehicle
Section 22
Warrantless power to search for controlled drugs and precursor substances if offences suspected against MODA (1) A constable may, in the circumstances set out in subsection (2), search a person without a warrant. (2) The circumstances are that the constable has reasonable grounds – (a) To believe that a person is in possession of – (i) A controlled drug specified or described in schedule 1; or (ii) A controlled drug specified or described in part 1 of schedule 2; or (iii) A controlled drug specified or described in part 1 of schedule 3 or (iv) A precursor substance specified or described in part 3 of schedule 4; and (b) to suspect that an offence against the misuse of drugs act has been committed, or is being committed, or is about to be committed, in respect of that controlled drugs or precursor substance (3) this section does not – (a) limit section 20 or 21; or (b) authorise a constable to enter or search a place or vehicle except in accordance with those sections
Section 45
Restrictions on some trespass surveillance and use of inception device (1) nothing in this subpart authorise any enforcement officer to undertake trespass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence – (a) that is punishable by a term of imprisonment of 7 years or more; or (b) against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983; or (c) against the section at 25, 26, or 70 of the psychoactive substances act 2013 (2) Nothing in this subpart authorises any enforcement officer to use an interception device except in order to obtain evidential material in relation to an offence – (a) that is punishable by a term of imprisonment of 7 years or more; or (b) against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983; or (c) against the section at 25, 26, or 70 of the psychoactive substances act 2013
Section 46
Section 46, search and surveillance act 2012 (1) except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any one or more of the following activities must obtain a surveillance device warrant: (a) use of an interception device to intercept a private communication (b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether anything has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or Trespass to goods (c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device (d) use of a surveillance device that involves Trespass to land or Trespass to goods (e) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purpose of a single investigation or a connected series of investigations, exceeds – (i) 3 hours in any 24 hour period; or (ii) 8 hours in total
Section 47
Section 47, search and surveillance Act 2012 (1) No warrant under this subpart is required by an enforcement officer for any 1 or more of the following activities: (a) The enforcement officer – (i) been lawfully in private premises; and (ii) Recording what he or she observes or hears there (provided that the enforcement officer records only those matters that he or she could see or hear without the use of any surveillance device (b) covert audio recording of a voluntary oral communication between two or more persons made with the consent of at least one of them (d) activities carried out by the enforcement officers use of a surveillance device, if that use is authorised under any enactment other than this act
