SEARCH AND SURVEILLANCE II Flashcards
Search and Surveillance, Section 110.
Power to use force in respect of any property that is reasonable in the circumstances and to seize anything this the subject of the search or may be lawfully seized.
Search and Surveillance, Section 13.
Property taken to be returned.
All money and property taken from a person under section 11 must be returned to them when they are released.
Search and Surveillance, Section 11.
Custody search.
When locked up in custody.
Search and Surveillance, Section 16.
Serious Offence
You may search a person for EVIDENTIAL MATERIAL in a PUBLIC PLACE where you reasonably believe that person has evidential material relating to an offence with a maximum penalty of 14yrs or more.
Obligations: 125 and 169
Search and Surveillance, Section 20.
Drugs
You may enter or search any place or vehicle for drugs if you reasonably believe that they are in or on that place or vehicle.
You must reasonably believe that the evidential material will be CADD if you were to wait and get a warrant.
Search and Surveillance, Section 21.
You may search any person found in or on the place or vehicle if you are searching a place or vehicle under section 20 of the search and surveillance act.
Search and Surveillance, Section 22.
Drugs on a person.
You may search a person for controlled drugs if you reasonably believe they are in possession of them and you reasonably SUSPECT they have or are about to commit an offence against the misuse of drugs act 1975.
Search and Surveillance, Section 27
You may search a person for an offensive weapon if they’re in a public place and you reasonably suspect they are committing an offence against s202A (4)(a)
Search and Surveillance, Section 85
You may conduct a rub-down search of an arrested or detained person to make sure they aren’t carrying anything that could harm any person or facilitate their escape.
Search and Surveillance, Section 88
You may search someone who has been arrested or detained for evidential material if you reasonably believe they are carrying anything that is evidence relating to the offence for which they were arrested/detained or anything that could harm any person or anthing that could facilitate their escape.
Search and Surveillance, Section 92/93
Consent search
Search and Surveillance, Section 119
Incidental search at a place/vehicle
If you have a power to search a place or vehicle you may search anyone found there or who comes there. You must reasonably believe that they have evidential material you’re looking for or reasonably suspect they have a dangerous item and immediate action is required.
Search and Surveillance, Section 7
You may enter a place or vehicle to search for and arrest someone who is unlawfully at large if you reasonably suspect that person is unlawfully at large and you believe that they are in that place or vehicle.
Search and Surveillance, Section 8
You may enter a place or vehicle in order to search for and arrest someone you suspect has committed an imprisonable offence. You must believe that they person is in the place or vehicle and believe the person will fee to avoid arrest or that evidential material relating to the offence will be CADD. (NOT A POWER TO SEARCH FOR EM)
Search and Surveillance, Section 14
Emergency ENTRY Power
NOT A SEARCH POWER