SEARCH AND SURVEILLANCE - SECTIONS Flashcards
Section 7
Warrantless power to enter and search for a person unlawfully at large.
RGTSuspect that a person is unlawfully at large.
RGTBelieve that the person is in the place or vehicle.
Powers:
Enter the place or vehicle without warrant.
Search the place or vehicle for the person for the purpose of arresting them.
Section 8
Warrantless power to enter and search to avoid loss of offender or evidential material.
RGTSuspect the person has committed an offence punishable by imprisonment and for which they may be arrested without warrant.
RGTB the person is in the place or vehicle, and that if entry is not effected immediately, the person will leave to avoid arrest or evidential material will be CADD.
Powers - to enter the place or vehicle.
Search - the place or vehicle for the person for the purpose of arresting them
Section 9
Warrantless power to stop a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences).
RGTSuspect that a person is unlawfully at large, or has committed an imprisonable offence.
RGTBelieve that the person is in or on the vehicle.
Powers - to stop the vehicle for the purpose of arresting that person.
Section 10
Powers and duties of constable AFTER a vehicle has been stopped.
RGTSuspect a person is unlawfully large, or has committed an offence punishable by imprisonment.
RGTBelieve that the person is in on the vehicle.
Powers - Require the person suspected of being unlawfully at large or have committed an offence punishable by imprisonment to supply all or any of his or her name, address, date of birth, or other contact details.
Search the vehicle for the person
Search the vehicle for evidential material in relation to the offence the vehicle was stopped for, if the person is arrested or is seen fleeing before they can be arrested
You can search the vehicle if the person sought has been arrested or is seen fleeing from he vehicle. .
Section 16
Searching people in a public place without warrant for evidential material relating to certain offences.
RGTBelieve that the person is in possession of evidential material relating to an offence punishable by imprisonment for term of 14 years or more.
Powers - To search a person without a warrant in a public place.
Section 17
Warrantless entry and search of a vehicle for evidential material relating to certain offences.
RGTBelieve that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle.
Powers - To enter a vehicle that is in a public place without warrant and search the vehicle.
Section 18
Arms
Search person and things (incl vehicle) under their control, enter place or vehicle, to search for and seize arms/licence.
Section 15
Entry/search without warrant to find and avoid loss of evidential material relating to certain offences (14y+).
RGTSuspect that an offence punishable by imprisonment for a term of 14 years or more has been committed or is being committed or is about to be committed.
RGTBelieve that evidential material relating to that offence is in that place, AND
If entry is delayed in order to obtain a search warrant, the evidential material will be CADD.
Powers - enter a place without warrant.
Search - the place.
Includes a vehicle at an address
Section 21
The power to search a person in a place or vehicle while conducting a section 20 search.
Section 22
Warrantless power to search for controlled drugs and precursor substances if an offence is suspected against MODA 1975.
Search person in public place if RGTB they have drugs/precursor.
Section 18
Warrantless search of persons, places or vehicles relating to Arms
When exercising this power, you may search a person and things (incl vehicle) under their control
enter place or vehicle to search for and seize arms/licence.
Section 20
Warrantless entry and search of places and vehicles in relation to some MODA 1975 offences.
RGTSuspect a MODA offence has occurred
RGTBelieve it is impractical to obtain a warrant
RGTBelieve CADD will occur
Only to be used when a search warrant is impracticable to obtain, and there are reasonable grounds to believe CADD will occur.
Section 22
Warrantless power to search a person in public for controlled drugs and precursor substances if an offence is suspected against MODA 1975 (CDs and precursors).
RGTSuspect offence against MODA
RGTBelieve the person is in possession
Section 27
Warrantless power to enter and search a person in a public place if an offence against section 202A(4)(a) of Crimes Act 1961 suspected (offensive weapons)
RGTS that a person is committing an offence against section 202A
RGTS offensive weapons are on them
Section 28
Warrantless power to enter and search a vehicle in a public place for offensive weapons
RGTSuspect a person travelling in the vehicle, or who has exited the vehicle is committing an offence against Section 202A, AND
The offensive weapon is in the vehicle
Section 29
Warrantless power to enter and search a vehicle in a public place if you have RGTB any stolen property is on or in that vehicle.
You must BELIEVE stolen property is there
The vehicle must be in public.
Section 45
Restrictions on trespass surveillance and use of interception devices
You are not authorised to undertake trespass surveillance or use an interception device, except in order to obtain evidence of an offence that is
- punishable by 7+ years imprisonment
- against sections 44, 45, 50, 51, 54, or 55 of the Arms Act 1983.
Section 46
Activities for which a Surveillance Device Warrant is required
- use of interception devices, tracking devices, devices requiring trespass to land or goods, observation of private activity on private premises
46(1)(e) observation and recording, by means of a visual surveillance device, of private activity in the curtilage of private premises, must not exceed
- 3 hours in any 24 hour period
- 8 hours in total
should the surveillance exceed this timeframe, a SDW is required
Section 47
Some activities do not require a SDW
If you are lawfully on property you can record what you see and hear without a warrant
You can make a covert recording of a voluntary oral communication with the consent of 1 or more of the parties
Section 48
Surveillance Device Warrant need not be obtained in some situations of emergency or urgency
You may use a SDW for a period not exceeding 48 hours (from the time of first use), if you have grounds for an SDW and it is impracticable in the circumstances to get the warrant immediately
The circumstances are:
- RGTS an offence 14+ has, is or will be committed and RGTB evidential material will be gained through surveillance
- RGTS threat to life under S14 and RGTB that surveillance will prevent this
- RGTS an Arms Act offence and RGTB the surveillance is necessary to effect the seizure of arms
- RGTS a Category 3 or 4 Arms Act offence has, is or will be committed and RGTB the surveillance will obtain evidence of this offending
- RGTS an offence against MODA and RGTB evidence will be obtained through surveillance
Any officer using a device in accordance with this section may
- use reasonable force to install the device
- access electricity to install the device
- enter any premises, are or vehicle
- break open or interfere with any vehicle or other thing
- temporarily remove a vehicle or thing and return it
Section 72 and 74
Applications for Production Orders
Section 83
Entry without warrant after arrest to search for evidential material
If you have arrested a person and you have RGTB evidential material is both at a place AND will be CADD
if there is a delay to get a warrant, you may enter to seize the evidential material
The place you enter to search does NOT have to be the same place as the person was arrested
Section 84
Warrantless entry and search fo a vehicle after arrest
If you have arrested a person and have RGTB evidential material (of the offence for which they have been arrested) is in the vehicle, you may enter the vehicle without warrant to search for that evidential material
Section 92
Purposes for which consent searches may be undertaken
You may ask a person to undergo a search of their person or consent tot he search of a place for one or more of the following reasons
- to prevent the commission of an offence
- to investigate whether an offence has been committed
- to protect life or property, or prevent injury or harm
- if you could exercise a power of search under the Act
The person must be advised (as per Section 93) of the reason for the search, and that they can consent or refuse to the search
Section 95
Ability of persons under 14 years of age to consent to searches of places, vehicles or other things
A person under 14 is UNABLE to consent to the search of a place, vehicle or thing UNLESS they are found driving a vehicle, and there is no one else over the age of 14 in the vehicle that can provide authority to consent to the search of that vehicle
Section 110
Every search power authorises the person exercising it to
- enter and search
- request assistance to enter and search
- use reasonable force
- seize anything subject to the search or which can be lawfully seized
- bring in an use equipment
- bring in and use a dog
- to copy documents
- to use reasonable measures to access computers or data storage
- to copy intangible material
- to take photographs, recordings etc
Section 112
Items of uncertain status may be seized
If you exercising a search power, and you are uncertain whether an item may be seized, and it is impracticable to determine this where and while the search is taking place, you may remove the it as an item of uncertain status to further determine whether it may be lawfully seized
It must be within the scope of the initial warrant.
Section 117
Special powers where an application for a search warrant is pending
If an application for a SW has or is about to be made, and you have RGTB that CADD will occur if you wait for the warrant, the officer present at the place to be searched may enter and secure the place without warrant
The power lasts for (in this order)
- 6 hours from first exercise
- the warrant is available
- the warrant is declined
Section 118
Power of detention incidental to powers to search places and vehicles
If a search power has been exercised, Police can detain any person who is at the place or vehicle or who arrives while the search is being conducted
The detainment is only if reasonable, only if you are determining whether they are linked to the search, and may only last for the duration of the search
Section 120
Powers of search when suspect pursued
If you intend to exercise a power of arrest and subsequent search of a person or vehicle, but the suspect leaves, then you may
- search their person and vehicle when you apprehend them
- enter any place for the purpose of apprehending them
You must
- be in fresh pursuit
- have RGTB that evidential material is still on the peons or in their vehicle
Section 121
Stopping vehicles with or without warrant for the purpose of search
You may stop a vehicle with or without warrant to exercise a power under the Act
Section 122
Moving vehicles for the purposes of safekeeping
If you have stopped a vehicle and have lawful authority to search it, but it is impractical to do so in that place, you may move the vehicle for the purposes of safe search of safe keeping
Section 123
Seizure of items in plain view
If you are
- exercising a search power
- lawfully in a place
- lawfully searching a person
You may seize items found or observed if you have RGTB that you could have seized them under any Search power or warrant
Section 125
Special rules about searching persons
If exercising a search power, you must RAN
- State the Reason for the search
- The Act under which the search takes place
- Identify yourself by Name
Section 127
Search warrants to enter and search vehicles
You may enter and search a place for a vehicle, if you have RGTB a vehicle is there, and you have a warrant to enter and search that vehicle
Section 131
Identification and notice requirements
If you are exercising any search power, you must first
- announce your intention to enter and search
- identify yourself
- provide the occupier/ owner with a copy of the SW or advise of the warrantless power
You must provide an inventory
Think 'BRAINI'
Bill of rights Reason/intention Act Identify yourself Notice of warrant to be provided inventory of items seized
Section 133
Inventory of items seized
The person who carries out the search must provide an inventory of times seized tot he owner/occupier within 7 days of seizure
