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
