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AOS > Search and Surveillance Act 2012 > Flashcards

Search and Surveillance Act 2012 Flashcards

1
Q

Section 7

A

Entry Without Warrant to arrest person unlawfully at large.

Enter and Search PLACE or VEHICLE.

RGTB person is Unlawfully at Large and RGTB person is there.

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2
Q

Section 9

A

Power to STOP vehicle to find person unlawfully at large or has committed imprisonable offence.

RGTS person is unlawfully at large/committed imprisonable offence; and

RGTB they are in/on the vehicle.

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3
Q

Section 10

A

Power and duties after vehicle stopped.

Require any person suspected of being unlawfully at large/committed imprisonable offence to:
Supply name, DOB, address and other contact details.

Search vehicle to locate said person.

If person has been arrested/flees the vehicle before arrest, then search vehicle for Evidential Material (relating to offence) (must tell driver the object of the search)

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4
Q

Section 14

A

Warrantless ENTRY to prevent offence or respond to risk of life/safety.

ENTER PLACE or VEHICLE without warrant, take any action reasonably necessary to prevent offending from being committed or continuing, or avert emergency.

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5
Q

Section 18

A

Warrantless Searches Associated with Arms (PERSON, VEHICLE and PLACE).

RGTS with or without warrant may SEARCH a PERSON (anything in their control - including VEHICLE) for Arms.

Detain/seize any arms or licences found in breach of Arm Act 1983.

Mental/Physical Health, PSO or Protection Order in place.

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6
Q

Section 20

A

Warrantless Search of PLACES and VEHICLES - Misuse of Drugs Act 1975

ENTER and SEARCH any PLACE or VEHICLE w/o warrant if RGTB drugs or precursor, otherwise CADD nay occur.

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7
Q

Section 21

A

Warrantless Searches of PEOPLE Found in PLACE or VEHICLE.

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8
Q

Section 22

A

Warrantless Power to SEARCH or controlled drugs/precursor substances.

SEARCH a PERSON for offences against MODA.

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9
Q

Section 27

A

SEARCH PERSON for OFFENSIVE WEAPONS in public place

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10
Q

Section 28

A

STOP and SEARCH of vehicle for OFFENSIVE WEAPON

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11
Q

Section 30

A

Obtaining Authorisation for Warrantless ROAD BLOCK.

A/SGT or above can authorise a road block to effect arrest of person who is UNLAWFULLY at LARGE or has committed an IMPRISONABLE OFFENCE.

  • RGTS vehicle will travel past the road block.
  • Safety of other road users is ensured.
  • Granted under oral or written form.
  • 24 hours long
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12
Q

Section 32

A

Authorised Road Blocks - Implemented Without Warrant.

Constable may do all of the following:

  • Establish the road block at the place specified in the authorisation
  • Stop vehicles at to in the vicinity if the road block
  • Require any person on/on any vehicle stopped by the road blocks (RGTS has committed offence punishable by imprisonment) to state name, DOB, Address
  • Search the vehicle to locate person referred to under section 30, if RGTB person is in/on vehicle.
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13
Q

Section 110

A

Search Powers

Every search power authorises one to:

*Enter and Search the PLACE, VEHICLE or THING authorised to:

  • Request assistance for the entry and search
  • Use any reasonable force to enter and search
  • Seize anything that is subject to the search or may be lawfully seized
  • Bring any equipment, extract electricity to operate the equipment for the purpose to carry out the entry/search
  • Bring/use dog
  • Copy any document
  • Access computer system/data storage
  • Take photographs/videos
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14
Q

Section 116

A

Securing PLACE, VEHICLE, THING to be searched.

Exclude/direct any persons from the place, vehicle or thing.

RAIN

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15
Q

Section 118

A

Powers of DETENTION to SEARCH power - PLACES and VEHICLES.

  • Whoever is in/on place or vehicle when search commenced.
  • Whoever arrives at the place or stops at, enters, tries to enter
  • Detained for no longer than the length of the search
  • Reasonable force may be used to effect the detention
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16
Q

Section 121

A

STOPPING VEHICLE with to without warrant for SEARCH

  • May stop vehicle to conduct a search on the vehicle under a power of search.
  • MUST RAIN
17
Q

Section 125

A

RULES WHEN SEARCHING PERSONS

  • When exercising search power on person:
  • MUST RAIN
  • May use force
  • Detain person
18
Q

Section 127

A

Search Warrant to ENTER and SEARCH VEHICLE

May enter and search place where vehicle (RGTB) to be stored and to search the vehicle.

19
Q

Section 129

A

Duty to provide information.

  • When exercising power to stop vehicle, must:
  • ID oneself to driver, state enactment, and reason for search.
20
Q

Section 131

A

Identification and notice requirements for person executing search power.

  • When exercising search power (before entering place or vehicle), must RAIN people
  • Provide copy of warrant (if applicable) or leave it in plain sight (if no one home).
  • Use reasonable force to effect entry into place, vehicle to thing.
  • Includes search under S7.

AOS (8 decks)

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