Search and Survellience Act 2012 Flashcards
7
SS 7: ENTER/SEARCH PLACE/VEHICLE to arrest person unlawfully at large; if 1) RGTS person is unlawfully at large, 2) RGTB person is there
8
SS 8: ENTER/SEARCH PLACE/VEHICLE to avoid loss of offender/evidential material; can only SEARCH for PERSON (remember can only look in places a person can hide) if GCTS person committed offence AND RGTB that if entry not effected immediately then: person will leave/EM will CADD (Concealed, Altered, Damaged, Destoryed)
9
SS 9: POWER to STOP VEHICLE to arrest person; if RGTS person is unlawfully at large OR committed an IMPOFF
10
SS 10: POWERS AFTER S9; require person who is UAL/committed IMPOFF to give details, SEARCH VEHICLE to locate person, and EM once arrested or if seen fleeing before arrest
11
SS 11: CUSTODY SEARCH PERSON; can use force to SEARCH and TAKE money or property of a person in lawful custody and is to be locked up
13
SS 13: property taken from above must be returned once released from custody
14
SS 14: ENTER PLACE/VEHICLE to prevent (injury person/serious damage property)offence or respond to risk to life or safety; TAKE ANY ACTION to PREVENT offending or AVERT emergency
15
SS 15: (PAY) ENTER/SEARCH PLACE if GCTS; 14+off has been/is/will committed AND if RGTB; EM relating to offence is at place and if ENTRY DELAYED CADD will occur
16
SS 16: (PER) SEARCH PERSON in PUBLIC PLACE if RGTB person is in possession of EM relating to 14+ offence – NOTE person doesn’t need to have commited offence
17
SS 17: (VIEW) ENTER/SEARCH VEHICLE in PUBLIC PLACE for EM; RGTB EM relating to 14+ offence is in vehicle – NOTE car not needed to be use in offence
18
SS 18: SEARCH PERSON and things (inc. VEHICLE) under their control; ENTER VEHICLE, SEARCH for ARMS/LICENCE –> GCTS if breach arms act, physical/mental condition incapable/maykill, domy act for protection order
20
SS 20: ENTER/SEARCH PLACE/VEHICLE for DRUGS; only when S/W impractiable, offence against MODA and RGTB CADD will occur if delayed
21
SS 21: SEARCH PERSON in place/vehicle while conducting s20 search
22
SS 22: SEARCH PERSON in PUBLIC PLACE if RGTB have DRUGS/PRECURSORS
27
SS 27: POWER SEARCH PERSON 202(4)(a) OFF WEAPS PUBLIC PLACE
28
SS 28: POWER ENTER/SEAECH VEHICLE OFF WEAPS PUBLIC PLACE or if person see leaving vehicle
29
SS 29: POWER ENTER/SEARCH VEHICLE for stolen property –> NOTE doesn’t mention ‘only public’
83
SS 83: ENTER/SEARCH PLACE after arrest; may for evidential material relating to offence (regardless of whether offence happened there) if person is arrested (obviously) and RGTB EM relating to offence will CADD if ENTRY is delayed to obtain a warrant
84
SS 84: ENTER/SEARCH VEHICLE after arrest; RGTB evidential material relating to offence for which person is arrested for is in VEHICLE
85
SS 85: POWER SEARCH PERSON after arrested or detained; “search you….in order to ensure that you are not carrying anthing that may be used to HARM ANY PERSON OR FACILITATE YOUR ESCAPE.”
88
88: POWER SEARCH PERSON after arrested or detained; “ibid…evdiential material namely XYZ”
110(a)
SS 110(a): Search powers; when searching authorises ENTER/SEARCH PLACE/VEHICLE and any ITEMS FOUND in place/vehicle
110(c)
SS 110(c): Search powers; use reasonable force for purpose of carrying out the search and any lawful seizure
110(d)
SS 110(d): Search powers; seize anything that is subject of search or anything that may be lawfully seized
112
SS 112: Uncertain status items; If exercising search power and uncertain if item can be lawfully seized may REMOVE ITEM for EXAMINATION to determine whether can be lawfully seized
116
SS 116: SECURE and EXCLUDE other people when searching PLACE/VEHICLE –> if affected by search and ask then RAN as reason
117
SS 117: SECURE (not SEARCH) PLACE/VEHICLE until S/W is obtained if RGTB CADD –> can secure until 6hrs is up, S/W approve, S/W declined
118
SS 118: If you RAIN DETAIN; may DETAIN any person at/or arriving to VEHICLE/PLACE to establish connection to object of search
119
SS 119: Always follows 118, for may SEARCH PERSON of 118 IFF believe EM is on person
121
SS 121: POWER STOP VEHICLES to SEARCH if satisfy having grounds for search –> if any person affected by exercise requests explanation then RAIN
122
SS 122: POWER to MOVE VEHICLE to another place if intends to search vehicle but impracticable to do so at that place
123
SS 123: Seizure of items in plain view; if exercising search power/is lawfulling in any place or vehicle/public place - can SEIZE any item finds in course of carrying out search as a result of observations at that place if RGTB could have seized item under this act or warrant
125
SS 125: RAN (1)(a)(b)(c)(d)(e)(i)(j) - refer to other notes
128
SS 128: Duty to remain stopped; IF exercied power to STOP/SEARCH VEHICLE then vehicle must remain as long as reasonably necessary for the exercise of any powers in respect of the VEHICLE or OCCUPANTS
131
SS 131: RAIN
169
SS 169: (1) & (4) Report search notification UNLESS; S88/85 rubdown (NOT STRIP UNDER S88), S11, exercise power entry not also power search, consent search
176
SS 176: offence to leave place/vehicle when detained under 118 or fails to comply with 117
Is S125 a power of search?
No.
What section of which act justifies the use of force when carrying out a search AFTER they have been arrested?
Crimes Act 1961, section 39.
When are searches unreasonable?
When they are executed without, or in excess of powers of authority,
in an unreasonable manner,
in bad faith.
If a search is unreasonable but technically lawful, will evidence be admissible in court?
No.
Outline each of the paragraphs of 125(1)(a-j)
Identify 125(1)(a) MUST identify self by name or unique identifier State 125(1)(b) MUST state name of enactment and reason for search Identity 125(1)(c) MUST if not in police uniform, produce evidence of identity Detain 125(1)(d) may detain person to enable search to be carried out Force 125(1)(e) may use any reasonable force Equip 125(1)(f) may use equipment in conducting search, if used minimizes contact and is reasonable Assit 125(1)(g) may request assistance of MP or Nurse and/or parent/guardian (Police may request that) Strip 125(1)(h) may, if strip search, request assistance of another pig who is i. authorised to conduct strip searchs; and ii. of the same sex of person searched Bags 125(1)(i) may search any item person is wearing/caring or in the persons physical possession/immediate control Seize 125(1)(j) may seize if anything found can be lawfully seized
IS ID FEAS BS
When must you complete a S169 notification?
At the end of shift.
