Search and Surveillance Act General Principles

Question 1

When conducting a search it is best practice to…

Answer 1

Use a legislative search power if available.

Question 2

When considering any search there are three things you must wherever possible consider.
No.1 is:

Answer 2

APPLY FOR A SEARCH WARRANT
You MUST apply for a search warrant UNLESS the delay in obtaining a search warrant will make it IMPRACTICABLE to ACHIEVE your AIM.

Question 3

When considering any search there are three things you must wherever possible consider.
No.2 is:

Answer 3

USE WARRANTLESS POWERS
If YOU BELIEVE the immediate exercise of the power is necessary to achieve its purpose. For example: Obtaining evidence, protecting life or safety. When arresting a person. USE the relevant warrantless power.

Question 4

When considering any search there are three things you must wherever possible consider.
No.3 is:

Answer 4

UNDERTAKE A CONSENT SEARCH
Not the desirable action. Consent can be withdrawn at anytime. If not done properly they are unlawful.
Sec 91. SASA - If you have a statutory power to search, USE THE STATUTORY POWER