Search and Surviellance 2012 Flashcards
All searches must be lawful and reasonable. You may only conduct a search if it is authorised by legislation. There are 3 types of lawful searches police can conduct.. What are they?
A. Execute a search warrant.
B. Exercise a warrant less power.
C. Conduct a consent search.
Rules and obligations when searching persons (s125).
When exercising a power to search a person, you must do what 4 things?
- Identify yourself by name or unique identifier.
- Advise the person being searched of the name of the Act and reason for the search Unless this is impractical in the circumstances.
- Provide evidence of your identity if not in Police uniform.
- Promptly provide an inventory of items seized, and give a copy to the person you have searched.
Wanted Persons.
S8 Entry without warrant to avoid loss of offender or evidential material.
Gives Police the power to do what?
If you have reasonable grounds to suspect a person has committed an offence punishable by imprisonment for which they may be arrested without warrant..
And believe that person is in a place or vehicle and that if entry is not effected immediately either or both may occur:
The person will leave that place to avoid arrest and/ or evidential material will be concealed, altered, damaged or destroyed.
You may enter and search.
Vehicle Stops.
S9 Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences)
Gives Police the power to do what?
If you have reasonable grounds to suspect that a person is unlawfully at large or has committed an offence punishable by imprisonment and you have reasonable grounds to believe the person is in or on a vehicle you may stop the vehicle to arrest the person.
When stopping a vehicle under S9 Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences) policy states you must do what 3 things?
- Wear police uniform or distinctive cap, hat of helmet with a badge of authority affixed to the cap, hat or helmet.
- Be following immediately behind the vehicle displaying flashing blue lights or red and blue lights and or a siren.
- Produce ID if not in police uniform.
Vehicle Stops.
S10 Powers and duties of Constable after Vehicle stopped.
Allows police to do what if you have stopped a vehicle under S9?
- Require the person you have reasonable grounds to believe is unlawfully at large or has committed an offence punishable by imprisonment to supply their name,address, DOB and other contact details.
- You may also search the vehicle for that person or for any evidential material in relation to the offence if the person is arrested or seen fleeing the vehicle.
Vehicle Stops.
If searching a vehicle under S10 for a person unlawfully at large and that person is not the driver of the vehicle do police have to inform the driver the object of the proposed search before conducting the search?
Yes.
Drugs.
S20 warrant less search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences.
Allows police to do what?
If you have reasonable grounds to believe that in or on a place or vehicle there is:
A controlled drug or precursor substance
And you have reasonable grounds to believe that it is not practicable to obtain a warrant
And you have reasonable grounds to believe in that place or vehicle an offence against the MODA is being/ has been or is about to be committed
And you have reasonable grounds to believe that if entry and s arch is not carried out immediately evidential material relating to the suspected offence will be concealed, altered, damaged or destroyed.
You may enter and search.
Who must you advise if practicable when executing a warrant less search for drugs?
Your NCO
Any Constable understand S6 can apply for a search warrant. The issuing officer will only issue a search warrant if they are satisfied that in respect of any place, vehicle or other thing you have reasonable grounds to?
Name two.
SUSPECT that an offence specified in the application and punishable by imprisonment has been committed, is being committed, or will be committed..
And
BELIEVE that a search will locate evidential material relating to the offence specified in the application, in or on the place, vehicle or other thing.
A search warrant may authorise you to enter and search any land, premises, place, vehicle or other thing for evidential material relevant to an offence punishable by imprisonment.
True or False?
True.
A search warrant may authorise the search of more than one place, vehicle or thing.
Define “thing” in relation to sub part 3 (Search Warrants):
Thing includes any time, whether tangible or intangible (such as email addresses or access information to an Internet data storage facility such as an IP address).
What must a search warrant not obtain?
The name of any informant or information that may identify an informant.
An assertion or statement that the application knows to be false. This is an offence punishable by imprisonment: S175.
The issuing officer may require the applicant to provide further information about the grounds on which the search is sought.
True or False.
True.
Every search warrant application must contain or be accompanied by a statement from the applicant confirming the truth and accuracy of the contents of the application: S99.
True or False?
True.
S98(2)(b) Covert Human Intelligence Source (CHIS) cases
The issuing officer must not require the applicant to disclose what 3 things about the informant?
Name.
Address.
Any other identifying detail of the informant.
S98(2)(b) Covert Human Intelligence Source (CHIS) cases
Under what two circumstances may the issuing officer access information relating to the informant?
To establish the credibility of the informant.
To establish if there is a proper basis for a search warrant.
You can obtain advice from the Human Source Management Unit (HSMU).
S85 Rub down search of arrested or detained persons
Allows police to carry out a rub down searc of a person who is arrested or detained under a statutory power of detention to ensure that person is not caring anything that may be used to?
Harm any person
Or
Facilitate the persons escape.
When carrying out a rub down search what are your obligations?
S125
Identify yourself
State Act and reason for the search
Show Police ID if not in Police uniform.
S133 Inventory of items seized
If you seize anything as a result of a search of a place, vehicle or other thing, you must supply what two things?
- A written notice (warrant less search notice) or a copy of any search warrant/ order (only if not provided on entry
S133 Inventory of items seized
Who does the copy of a search warrant and inventory to?
The occupier of the place.
The person in charge of the vehicle or other thing.
To every other person you believe is the owner of the thing seized.
S133 Inventory of items seized
When does the copy of the search warrant and inventory be handed over?
At the time of the seizure
As soon as possible after the seizure.
In ever case no later than 7 days after the seizure.
S133 Inventory of items seized
If the person in charge of the vehicle or other thing or the occupier of the place is not present at the time of the seizure you must do what?
A written notice or a copy of the search warrant and an inventory specifying what has been seized left in a prominent position.
Surveillance Device Warrants (ss45-57)
Name the three types of surveillance devices?
Interception device (audio)
Tracking device (movement or interference with goods)
Visual surveillance device.
Police must obtain a surveillance device warrant when lawfully on private property and recording what you observe or hear there without the use of a surveillance device.
True or False?
False.
Police do not have to obtain a surveillance device warrant when making a covert audio recording of voluntary oral communication between two or more people with the consent of at least one of them.
True or False?
True.
Police must obtain a surveillance device warrant when carrying out surveillance using a device authorised by an enactment other than S & S Act.
True or False?
False.
Police must report to a judge on the use of a surveillance device warrant within a month of the last day a surveillance device was used.
True or False?
True.
A Surviellance device warrant is required if you wish to use an intercepriondeviceto intercept a private communication.
True or False?
True.
A Surviellance device warrant is required if you wish to use a tracking device (unless it is solely to determine whether a thing is being handled and does not involve trespass).
True or False?
True.
A Surviellance device warrant is required if you wish to observe and/or record private activity in private premises and record this by means do a visual surveillance device.
True or False?
True.
A Surviellance device warrant is required if you wish to use a surveillance device that involves trespass onto private property.
True or False?
True.
A Surviellance device warrant is required if you wish to observe private activity in the cur tillage of private premises by means of a visual surveillance device-
And the observation is for a single investigation or a connected series of investigations
And the duration of the is more than 3 hours in a 24 hr period or 8hrs in total.
True or False?
True.
S48 Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency.
How long may police use a surveillance device for without obtaining a surveillance device warrant?
Not exceeding 48hrs from the time the device was first used.
S48 Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency.
Under what two circumstances may this occur?
- Police are entitled to apply for a surveillance device warrant in relation to those situation but:
- Obtaining a surveillance device warrant within the time in which it is proposed to undertake the surveillance is impracticable in the circumstances.
S95 Ability of persons under 14 years to consent to searches of places, vehicles, or other things.
A person under 14 years of age is unable to consent to search of a place, vehicle, or other thing unless under what circumstance?
The person is found driving a vehicle with no passenger of or over the age of 14 years with authority to consent to the sach of the vehicle.
S13 Property taken from people locked up in Police custody
All money and every item of property taken from a person under S11 must be returned to him to her when he or she is released from custody, except for the following two situations:
- Any money or propert that, in the opinion of the Constable, may need to be given in evidence in proceedings arising out of a charge brought against the person
- Any money or property whose possession may, in the opinion of a Constable, constitute an offence.
S14 Entry without warrant to prevent offences or respond to risk to life or safety
Name two circumstances that must exist to use this power?
- An offence is being committed, or is about to be committed, that would be likely to cause injury to any person, or serious damage to, or serious loss of any property.
- There is risk to the life or safety of any person that requires emergency response.
S14 Entry without warrant to prevent offences or respond to risk to life or safety
What does this power allow you to do?
Enter the place or vehicle without warrant
And take action that you have reasonable grounds to believe is necessary to prevent the offending from being committed or continuing, or to avert the emergency.
S15 Entry without warrant to find and avoid loss of evidence material relating to certain offences
A Constable may enter and search a place without a warrant if you have reasonable grounds to believe what?
You suspect an offence punishable by imprisonment for a term of 14 years or more has been committed, or is about to be committed and..
Believe that evidential material relating to the offence is in that place and that if entry is delayed that material will be destroyed, concealed, altered or damaged.
S16 Seaching people in public place without warrant for evidential material relating to certain offences
A Constable may search people in public places without warrant in a public place if the Constable has reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment for what term or more?
14 years imprisonment or more.
S17 Warrantless entry and search of a vehicle for evidential material relating to certain offences
A Constable may without warrant, enter and search a vehicle that is in a public place if the have reasonable grounds to believe that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle.
True or False?
True.
S18 Warrantless searches associated with arms
Under what 3 circumstances can you search under this power of search?
- He or she is in breach of the Arms Act 1983
- he or she by reason of their physical or mental condition is in capable of having proper control of the arms or may kill or cause bodily injury to any person.
- Under the Domestic Violence Act 1995 a protection order or police safety order is in force against thepersonor there are grounds to make an application against him or her for a protection order.
S18 Warrantless searches associated with arms
This section allows a Constable to enter a place or vehicle, search it and seize any arms or licence under what enactment?
Arms Act 1983
S18 Warrantless searches associated with arms
A Constable who has entered under this enactment has the power to search:
The person.
Anything in the persons possession or under their control.
Enter any place or vehicle to search.
Seize and detain arms found.
And seize any licence under the Arms Act 1983 that is found.
True or False?
True.
S7 Entry without warrant to arrest person unlawfully at large
A Constable may enter a place or vehicle without warrant to search for and arrest a person if the Constable has reasonable grounds to what?
- Suspect that a person is unlawfully at large and..
2. To believe that the person is there.
S8 Entry without warrant to avoid loss of offender or evidential material
A Constable may enter a a place or vehicle without a warrant and search for and arrest a person that the Constable suspects has committed the offence.
True or False?
True.
S8 Entry without warrant to avoid loss of offender or evidential material
What circumstances must exist in order to gain entry under this power?
Reasonable grounds:
To suspect that person has committed an offence that is punishable by imprisonment and for which he or she maybe arrested without warrant and..
Believe the person is there and…
Believe that if entry is not effected immediately, either or both of the following may occur:
The person will leave to avoid arrest and evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered, or damaged.
Name the four reasons that one or more must exist before you can conduct a search by consent?
- To prevent the commission of an offence.
- To investigate heather an offence has been committed.
- To protect life or property.
- To prevent injury or harm.
A person who consents to a consent search may withdraw their consent at any time.
True or False?
True.
Before conucting a search you consent, you must advise the person from whom consent is sought what two things?
- Of the reason for the proposed search and..
2. That they may consent or refuse to consent to the search.
A person under 14 is unable to consent to a search of a place, vehicle or other thing unless in what circumstance?
They are found driving with no passenger of or over 14 years of age with consent to the vehicles search.
Evidential material that is intangible means evidence that is unable to be touched.
True or False?
True.
Before initial entry into or onto a place, vehicle or other thing you are searching what are your 3 obligations when using a Warrantless search power?
Identify yourself.
Announce your intention to enter and search and state the name of the Act.
If you are not in uniform produce ID.
S116 secure a place, vehicle or other thing to be searched & exclude any person from there.
True or False?
True.
S118 detain people when searching places and vehicle.
True or False?
True.
S119 search people found when searching places and vehicles if you have RGTB that evidential material that is the object of the search is on that person.
True or False?
True.
S120 whilst in fresh pursuit, and with RGTB that relevant evidential material is still on the person, you have the power to enter any place to apprehend the person and sea ch the person or vehicle.
True or False?
True.
If you are exercising a power of search under S121 (1) or (2) Stopping vehicles with or without warrant for purposes of search you must on request of any person affected by the stop do what 3 things?
- Identify yourself by name or unique identifier.
- State the Act under which the search is taking place and the reason for the search unless it is impracticable in the circumstances.
- Produce evidence of your identity if you are not in Police uniform.
The period for which a search warrant is sought is normally up to 14 days from the date of issue, but maybe up to 30 days where applied for and authorised by the issuing officer.
True or False?
True.
Reporting use of powers (s169)
When you use a Warrantless power of entry, search or surveillance you must report this by completing an online notification form within what time frame?
As soon as practicable. Police policy states that the notification should be completed by the end of your shift.
