Search and Survelliance

Question 1

S7 - Entry without warrant to arrest person unlawfully at large

Answer 1

A Constable may enter a place or vehicle without warrant to search for and arrest a person if the Constable has reasonable grounds:

• to suspect the person is unlawfully at large
• to believe that the person is there.

Question 2

S8 - Entry without warrant to avoid loss of offender or evidential material

Answer 2

In circumstances a constable has reasonable grounds—

(a) to suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrested without warrant; and
(b) believe that the person is there; and
(c) believe that, if entry is not effected immediately, either or both of the following may occur:
(i) the person will leave there to avoid arrest:
(ii) evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered, or damaged. (CADD)
1. May enter place or vehicle without warrant
2. Search for and Arrest person.

Question 3

S9 - Stopping vehicle to find a persons unlawfully at large or who have committed certain offences.

Answer 3

A constable may stop a vehicle without a warrant to arrest a person with the constable has reasonable grounds:

(a) to suspect that a person
- Is unlawfully at large; or
- Has committed an offence punishable by imprisonment; and

(b) believe that the person is in or on the vehicle

Question 4

S10 - Powers and duties of a constable after vehicle stopped

Answer 4

1. Require any person in or on the vehicle for the constable has reasonable grounds to suspect is unlawfully at large or has committed an offence punishable by imprisonment to supply details
2. Search the Vehicle to locate the person of the constable has reasonable grounds to believe that the person is in or on the vehicle
3. Search the vehicle to locate property that is evidential material in relation to an offence if the person:
   - Has been arrested; or
   - Has flees from the vehicle before he or she can be arrested
4. If the driver is not the offender constable must tell the driver the object of the proposed search

Question 5

S14 - Entry to prevent offence or respond to risk to life or safety

Answer 5

A constable who has reasonable grounds to suspect that:

1. And offence has been committed or is about to be committed that would likely cause injury to any person, or a serious damage or loss of any property
2. There is risk to the life or safety of any person that requires an emergency response.

A Constable May:

1. Enter place without warrant
2. Take any action that he or she has reasonable grounds to believe that is necessary to prevent the offending from being committed or continuing or avert the emergency

Question 6

S18 - Warrantless search is associated with arms

Answer 6

Has reasonable grounds to suspect that a person is carrying arms or is in possession of them or has them under his overall control and:

1. Suspect they are in breach of the arms act; or
2. By reason of their physical or mental condition:
   - incapable of proper control
   - may kill or cause bodily injury
3. A protection order or police safety order is in force against person or there are grounds to make an application against them.

A Constable may:

• enter place or vehicle
• Search person or place or vehicle
• Seize and detainee arms found
• Seize and detain any licenses under the arms act that is found.

Question 7

S18 - Warrantless search is associated with arms (subsection 3)

Answer 7

A constable may, without a warrant, enter a place or vehicle, search it, seize any arms or any licence under the Arms Act 1983 found there, and detain the arms or licence if he or she has reasonable grounds to suspect that there are arms in the place or vehicle:

1. In respect of which a Category three offence, a category four offence, or any offence against Arms act 1983 has been committed was being committed where is about to be committed; or
2. That maybe evidential material in relation to a category three offence, category four offence, or an offence against the arms in 1983

Question 8

S20 - Warrantless search of places and vehicles in relation to misuse of drugs act 1975 offences

Answer 8

Constable May enter and search a place or vehicle without warrant if he or she has reasonable grounds:

1. To believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is:
   - Controlled drug specified in the misuse of drugs act 1975
   - Precursor substances specified or described in the misuse of drugs act 1975
2. To suspect That in or on the place or vehicle in offence against the Misuse of drugs act 1975 has been committed, was being committed or is about to be committed
3. To believe that if the entry and search is not carried out immediately, Evidential material relating to the suspected offence will be CADD

Question 9

S21 - Warrantless search of people found a in on places or vehicles

Clue (Misuse of drugs act 1975)

Answer 9

A constable conducting a search of a place of vehicle under section 20 may without warrant search any person found in or on the place or vehicle

Question 10

S22 - Warrantless search for controlled drugs and precursor substances suspected against miss use of drugs act 1975

Clue: (Person in public place)

Answer 10

A Constable has reasonable grounds:

1. To believe that a person is in possession of:
   - The controlled drug described in the misuse of drugs act 1975
   - A precursor substance specified and the misuse of drugs act 1975
2. To suspect An offence against the misuse of drugs act 1975 has been committed was being committed or is about to be committed
3. The section does not limit section 20 or 21 and authorise a constable to enter or search of place or vehicle except in accordance of those section

A constable may search a person without warrant

Question 11

S27 - searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes act 1961 suspected.

Answer 11

A constable who has reasonable grounds to suspect that a person is committing an offence against section 202A of the crimes act 1961, May without a warrant search the person

Question 12

S28 - Stopping and searching vehicles without warrant if offence against section 202A of the crimes act 1961 suspected.

Answer 12

A constable May search the vehicle if they have reasonable grounds to suspect
- A person travelling in the vehicle or who has alighted from it, is committing an offence against section 202A of the crimes act 1961

• The vehicle contains a knife, offensive weapon, or disabling substance

Question 13

S30 - Obtaining authorisation for warrantless roadblock

Answer 13

(1) senior constable may authorise for a roadblock for the purpose of arresting a person if:

(2)
(a) A constable has reasonable grounds to believe that in or on a vehicle there is a person who the constable has reasonable grounds to suspect:
- Has committed an offence punishable by imprisonment
- is unlawfully at large

(b) has reasonable grounds to suspect that the vehicle will travel past the Roadblock location
(c) It is satisfied as far as reasonably practicable the safety of all road users will be insured in the roadblock area
(3) May be granted Orally or written
(4) Senior constable is acting sergeant or above

Question 14

S32 - Authorised roadblocks implemented without warrant

Answer 14

Constable may do any of the following when a roadblock is authorised

• Establish a roadblock specified in authorisation
• Stop vehicles in the vicinity of the roadblock
• Require any person who is sought to give full details
• Search the vehicle for the purpose of locating the sought person (UL or Suspect)

Question 15

S110 - Search powers
Every search power authorises the perosn using it to…

Answer 15

• Enter and search the place vehicle or other thing
• Request any person to assist with entry and search
• To use reasonable force to search and lawful seizure
• seize anything subject to the search
• Do use equipment to assist with entry, search and seizure
• Use a search dog
• Copy any document or part of the document that may be lawfully seized
• Use reasonable measures to access data storage/computers
• Copy any intangible material seized
• Take relevant photographs, sound and video recordings

Question 16

S116 - Secure place, vehicle, Other thing to be searched

Answer 16

(1) The person carrying out the search may for a reasonable time
(a) Secure the place vehicle or other things being searched
(b) Exclude or give reasonable direction to any person from the place vehicle or other things that person carrying out search has reasonable grounds to believe the person will obstruct or hinder the the exercise of power

(2) A person exercising any power under this must on request of any person affected by the power
(a) Identify themselves
(b) State the name of the enactment and the reason the search is taking place unless it is impractical to do so

Question 17

S118 - Powers of detention incidental to powers to search place into vehicles

Answer 17

(1) a constable or other person exercising a search power in relation to a place or vehicle May detain any person
(a) Who is at the place or in or on the vehicle at the start of the search
(b) Who arrives, enters or tries to enter the search area

(2) Any person maybe detained for a period that is reasonable but not longer in the duration of the search
(3) The detention of the person starts with the constable exercising the search powers direct the person to remain there And in when the constable tells them they are free to go
(4) Reasonable force maybe use for l the detention

Question 18

S121 - Stopping vehicles with or without warrant or purpose of search

Answer 18

An enforcement officer May stop a vehicle to conduct a search under a power of search with or without a warrant.

Must provide RAIN unless impractical to do so.

Question 19

S125 - Special Rules about searching perosn

Answer 19

1. RAIN
2. produce ID if not in uniform
3. May detain
4. May use force
5. May use equipment to search (Minimal contact)
6. Request assistance to search
7. strip search
8. Seize anything in possession
9. Search an item in possession
10. Copy documents and data
11. Take photos

Question 20

S127 - search warrant to enter and search vehicle

Answer 20

If a search warrant was issued authorising the entry in search of a vehicle, the person executing the warrant may enter any place where the person has reasonable grounds to believe the vehicle is for the purpose of locating it and searching it

Question 21

S129 - duty to provide information

Answer 21

An enforcement officer exercising a power to stop and search vehicle must provide

RAIN 
Reason for search 
Act 
Intent of the search 
Name or ID

Question 22

S131 - ID and Notice req for person exercising search power

Answer 22

A person excising a search power:

• Announce intention to search Place, Vehicle or other thing
• Identify themselves, via name , Identifier or Photo ID

Before entry to place or vehicle provide occupier

• copy of search warrant
• RAIN unless impractical

Not required if 
1 no person is lawfully present 
2 compliance 
- will endanger safety 
- prejudice successful entry of place or vehicle 
- prejudice ongoing investigation 

May use reasonable force to effect entry