Search and Surveillance Act2012

Question 1

Section 125

Answer 1

Obligations when searching people

• R - Reason for the search
• A - Act the search power comes from
• N - Name or ID
• S - Show ID if not in uniform

Question 2

Section 131

Answer 2

Obligations when searching places/vehicles/other things

• R - Reason for the search
• A - Act the search power comes from
• I - Intention to enter and search
• N - Name or ID
• S - Show ID if not in uniform

Question 3

Section 110

Answer 3

Powers incidental to searching property/vehicles/other things

• Able to use force on property only, once entered
• Able to seize things subject to the search and lawfully able to be seized

Question 4

Section 169

Answer 4

Notification of warrantless power

• Online, as soon as practicable (by end of shift)
• Exceptions are Section 85, 88, consent searches, 14

Question 5

Section 14

Answer 5

Power to enter any place/vehicle

• power to take any action
• suspect offence is being or going to be committed which would likely cause injury to any person or serious damage/loss of any property

OR

• risk to life or safety of person requiring emergency action

Question 6

Section 7

Answer 6

Power to enter and search place/vehicle and arrest person believed to be unlawfully at large

Includes WTA and prison escapists

Question 7

Section 8

Answer 7

Power to search and arrest a person to prevent loss of offender or evidential material

• suspect committed an offence punishable by imprisonment
• believed to be in place/vehicle
• believe they may leave that place/vehicle to evade arrest or CADD evidential material if entry not gained immediately

Question 8

Section 85

Answer 8

Rub-down search of arrested/detained people

• believe they have anything on them that may harm any person or facilitate their escape

Question 9

Section 88

Answer 9

Search and arrested/detained person

• believe they have anything on them that may harm any person or facilitate their escape
• believe they have evidential material on them

Question 10

Section 11

Answer 10

Custody search

• Remove money and property
• believe they have anything on them that may harm any person or facilitate their escape

Question 11

Section 13

Answer 11

Property must be returned to personreleased from custody

• unless used as evidence or possession constitutes an offence
• property must be transferred with person in custody