SEARCH AND SURVEILLANCE II Flashcards

1
Q

Search and Surveillance, Section 110.

A

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.

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2
Q

Search and Surveillance, Section 13.

A

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.

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3
Q

Search and Surveillance, Section 11.

A

Custody search.

When locked up in custody.

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4
Q

Search and Surveillance, Section 16.

A

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

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5
Q

Search and Surveillance, Section 20.

A

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.

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6
Q

Search and Surveillance, Section 21.

A

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.

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7
Q

Search and Surveillance, Section 22.

A

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.

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8
Q

Search and Surveillance, Section 27

A

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)

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9
Q

Search and Surveillance, Section 85

A

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.

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10
Q

Search and Surveillance, Section 88

A

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.

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11
Q

Search and Surveillance, Section 92/93

A

Consent search

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12
Q

Search and Surveillance, Section 119

A

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.

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13
Q

Search and Surveillance, Section 7

A

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.

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14
Q

Search and Surveillance, Section 8

A

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)

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15
Q

Search and Surveillance, Section 14

A

Emergency ENTRY Power

NOT A SEARCH POWER

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16
Q

Search and Surveillance, Section 15

A

Serious offences.

You may enter and search a place for EVIDENTIAL MATERIAL if you SUSPECT that an offence with a max penalty of 14yrs or more has been, is being or is about to be committed and you reasonably believe that EM is in that place and if entry is delayed the EM will be CADD.

17
Q

Search and Surveillance, Section 83

A

After arrest.

You may enter a place and search for evidential material if you have arrested someone and you belive that the EM relating to the offence is at a place and if entry is delayed then EM will be CADD.

18
Q

Search and Surveillance, Section 9

A

Stopping for unlawfully at large or imprisonable offence.

You may stop a vehicle to arrest a person who you reasonably SUSPECT is unlawfully at large or has committed an imprisonable offence and you believe that they are in that vehicle.

19
Q

Search and Surveillance, Section 10

A

Powers once stopped under s9.

  • Require details of any person in the vehicle who you suspect is UAL or has committed an IO.
  • Search the vehicle for the person that you reasonably believe is UAL or committed an IO.
  • Search the vehicle for EM related to the offence if that person has been arrested or seen fleeing the vehicle.
20
Q

Search and Surveillance, Section 17

A

Serious offences.

You may enter and search a vehicle for EVIDENTIAL MATERIAL in a PUBLIC PLACE where you reasonably BELIEVE that evidential material relating to an offence with a maximum penalty of 14yrs or more is in the vehicle.

21
Q

Search and Surveillance, Section 28

A

Offensive weapons

You may search a vehicle for OFFENSIVE WEAPONS if you reasonably suspect that a person travelling in a vehicle or who has exited the vehicle is committing an offence against s202A(4)(a) of the crimes act 1961 and you suspect that the weapon is in the car.

22
Q

Search and Surveillance, Section 29

A

Stolen property

You may enter and search a vehicle for STOLEN PROPERTY if you reasonably BELIEVE that the stolen property is in or on the vehicle. Intended for vehicles in a public place.

23
Q

Search and Surveillance, Section 30/32

A

Road blocks.

Establish road block - require details from anyone - reasonably suspect an IO - search vehicle to locate person you suspect of committing IO under s32.

24
Q

Search and Surveillance, Section 84

A

After Arrest

You may enter and search a vehicle for evidential material if you have arrested someone and you reasonably BELIEVE that evidential material related to the offence is in or on a vehicle.

25
Q

Search and Surveillance, Section 121

A

Stopping vehicles

You may stop a vehicle in order to conduct either a warrantless search or execute a search warrant if you are satisfied that the searches are valid under this act.

26
Q

Search and Surveillance, Section 122

A

Moving vehicles

You may move the vehicle if you have lawful authority to search the vehicle and its impractical to do it at that place or you reasonably believe that it is necessary for safekeeping the vehicle.

27
Q

Search and Surveillance, Section 128

A

Holding vehicles

You may require the vehicle to remain stopped for as long as you reasonably need to search the vehicle or the occupants if you are exercising a search or stopping power.

28
Q

Search and Surveillance, Section 116

A

Securing a scene.

You may secure a place or vehicle you are searching. You may exclude people from this scene if you believe they will obstruct or hinder you search.

29
Q

Search and Surveillance, Section 123

A

Items in plain view.

You may seize any items you find in the course of carrying out a search or as a result of observations at that place or in that vehicle if you are search power, conducting a lawful search of a person or a lawfully in a place or vehicle.