Search and Surveillance Act 2012 Flashcards
Section 8 - Search and Surveillance 2012
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Entry without warrant to avoid loss of offender or evidential material.
Police can enter a place or vehicle to search for and arrest a person who has committed any offence punishable by imprisonment.
OR
Believe delay in entry that evidential material will be CADD.
Section 15 - Search and Surveillance 2012
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A constable may enter and search a place without warrant if reasonable grounds:
a) To suspect offence punishable by 14 years imprisonment has been, is being or about to be committed.
b) To believe evidential material relating to the offence is in that place;
and if delayed to get a search warrant, the evidence will be CADD
Section 16 - Search and Surveillance Act 2012
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A constable may search a person without warrant in a public place if they have reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment to a term of 14 years or more.
Section 17 - Search and Surveillance Act 2012
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A constable, may without warrant, enter and search a vehicle that is in a public place if he believes on reasonable grounds that evidential material relating to an offence punishable by a term of imprisonment of 14 years or more is in or on the vehicle.
Section 112 Search and Surveillance
Items of Uncertain Status
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If executing a search power and are uncertain whether any item found may be lawfully seized AND it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search is, you can remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.
Section 117 Search and Surveillance 2012
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May enter and secure place or vehicle and any items found in that place or vehicle if CADD is believed to occur while:
- Search Warrant is about to be made, or
- Has been made and not yet granted or refused by issuing officer
- Officer is at place or vehicle subject to the warrant.
Powers end when one of the following occurs:
1) the expiry of 6 hours
2) Warrant is available to be executed
3) Warrant is refused
Section 123 Search and Surveillance
Items in Plain View
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If an officer is exercising a search power or lawful search of a place, vehicle or person and see’s any item in plain view that could be seized under any search warrant or power, he can seize that item.
Section 45 Search and Surveillance 2012
When is no surveillance device warrant required?
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Can undertake ‘Trespass Surveillance’ and Use an interception device if:
If obtaining evidential material in relation to any offence punishable by a term of 7 years or more imprisonment or any specified Arms Act 1983 Offence.
Section 46 (1)(e)
What can you do without a surveillance device warrant?
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- Observe private activity without a surveillance device from a public place.
- Observe private activity in curtlage of private premises by means of surveillance device for a single investigation, or a connection series of investigations, for a period of observation that does not exceed:
i) 3hrs in any 24 hr period, or
ii) 8 hours in total
What is referred to when talking about CADD evidence?
Concealed
Altered
Damaged
Destroyed
Section 9 Search and Surveillance 2012
Stopping a vehicle
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A Constable can stop the vehicle without a warrant to arrest a person if the officer have RGTS the person
Is unlawfully at large or has committed an offence punishable by imprisonment and believe they are inside the vehicle
Police can stop the vehicle for the purpose of arresting that person.
