Search and Surviellance Flashcards
Section 131
Not a search power
OBLIGATIONS: RAIN
Can use force if necessary
Section 14
Power of entry only
Used for: 5F’s, 1M’s, 1S, burg, child home alone, medical, earthquake, floods
- can take any action to avert the emergency
Section 7
Enter + Search for person who is U/Lat large
- ie. prisoners who have escaped
- warrant for arrest
- Constable must SUSPECT they are unlawfully at large
- Must BELIEVE they are in that place/vehicle
Section 8
Enter + Search for arrest/someone who has committed offence
- Constable must SUSPECT they have committed an imprisonable offence
- Must BELIEVE they are in that place/vehicle
- Must believe CADD will occur if don’t act now
Section 83
Search person
- K9 first:
- Search for EM related to offence
- Search anywhere the material could be hidden
- CADD
Section 84
Search vehicle/place
- K9 first:
- Search for EM related to offence
- Search anywhere in vehicle/place
Section 110
- Use force on property within a place
ie. Break a locked draw - Seize anything subject of the search or anything that can lawfully be seized
Section 29
Search vehicle for stolen property
Section 123
Seize items in plain sight (not a search power)
Section 169
Notification
-Must report search powers used asap/by end of shift
Section 85
Rub down search for anyone arrested/detained
ENSURE they aren’t carrying anything
- harm themselves or others - Facilitate escape
Section 88
Rub down search for any arrested/detained person where officer BELIEVES they are carrying
- Anything to harm themselves or others - Facilitate escape
Section 125
Not a search power
OBLIGATIONS - RAN
Section 11
Custody search
- About to be “locked up”
- Locked up: police station/holds/prison van but NOT transporting to police station in car
Section 93
Consent search
Have to provide:
- Name
- Why you are searching
- Withdrawal at any time
Section 13
All property must be returned when released or transferred
Section 18
Warrantless search for Firearm
Section 22
Warrantless search for Drugs
Section 27
Warrantless search for offensive Weapon
Post k9 search powers
85 and 88
Post detention search powers
85
Section 9
Stopping vehicles and find people U/L at large who have committed certain offences
Section 121
Stopping Vehicles to search
