Search And Surviellance Act

Question 1

Section 7 S&S act

Answer 1

Entry to arrest person unlawfully at large

If you have RGTS that a person is unlawful at large and believe that the person is in a place or vehicle

You may enter the place or vehicle without warrant and search for and arrest the person

Question 2

What does unlawfully at large mean

Answer 2

• has a WTA
• has escaped from prison or is absent without leave
• has escaped from lawful custody
• is a special or restricted patient and has escaped or failed to return from leave
• is a care or special care recipient (with an intellectual disability) and has escaped or failed to return from leave
• is a young person who is the subject of a youth court supervision with residence order and they are absconding from CYF custody

Question 3

Section 8 S&S act

Answer 3

Entry to avoid loss of offender and evidential material

If you have reasonable grounds to suspect that a person has committed an offence punishable by imprisonment and for which they may be arrested without warrant and
Believe that the person is in a place or vehicle and believe that if entry is not effected immediately, the person will leave to avoid arrest and/or evidential material relating to the offence will be CADD

Question 4

S14 S&S act

Answer 4

Entry to prevent offence or respond to risk of life or safety

If you have reasonable grounds to suspect in relation to a place or vehicle
- an offence is being or is about to be committed that would be likely to cause injury to any person or serious loss of or serious damage to any property
- there is risk to the life or safety of any person that requires an emergency response

You may enter the place or vehicle without warrant and take any action you have RGTB is necessary to
- prevent the offending from being committed or continuing or avert the emergency

Question 5

Section 15 S&S Act

Answer 5

If you have reasonable grounds to suspect an offence punishable by 14 years imprisonment or more has been or is being or is about to be committed and believe that evidential material relating to the offence is in a place and if entry is delayed in order to obtain a search warrant the evidential material will be destroyed, concealed altered or damaged. You may enter and search without warrant.

S15 is about urgency.

Question 6

S16 S&S Act

Answer 6

If you have RGTB that a person in a public place is in possession of evidential material relating to an offence punishable by 14 years imprisonment you may search that person without a warrant.

Question 7

S17 S&S Act

Answer 7

If you have RGTB that evidential material relating to an offence punishable by 14 years imprisonment or more is in or on a place or vehicle you may enter and search that vehicle without warrant.

Question 8

S18 S&S Act

Answer 8

Warrantless searches associated with arms

If you have RGTS that there are arms in any place or vehicle
- in respect of which a cat 3 or 4 offence or an offence against the arms act has been, is being or is about to be committed or
- that may be evidential material in relation to a cat 3 or 4 offence or an offence against the arms act 1983
You may without warrant
Enter the place or vehicle, search it, seize and detain any arms or licence under the arms act found there

Question 9

S28 S&S Act

Answer 9

Warrantless search for offensive weapon

If you have RGTS
- a person travelling in a vehicle (or who has alighted from it) is committing an offence in a public place against S202A (4)(a) of the Crimes Act 1961 and
- the vehicle contains a knife, offensive weapon or disabling substance

You may without a warrant search the vehicle

Question 10

What does disabling substance mean

Answer 10

Any anaesthetising or other substance produced to use for disabling a person, or intended for such use by the person who has it with them

Question 11

Offensive weapon definition

Answer 11

Means any article made or altered to use for causing bodily injury, or intended for such use by the person who has it with them

Question 12

S29 S&S Act

Answer 12

Searching vehicles for stolen property

If you have RGTB that any stolen property is in or on any vehicle, you may search the vehicle without warrant

*if in public place otherwise use alternative Warrantless power or obtain SW

Question 13

S83 S&S Act

Answer 13

If you have arrested a person for an offence and have RGTB
-evidential material relating to the offence is at a place and
- if entry is delayed to obtain a warrant evidential material will be CADD

you may enter the place to search for evidential material relating to the offence whether or not the person was arrested there, without a warrant.

Question 14

S84 S&S Act

Answer 14

If you have arrested a person and have RGTB that evidential material relating to the offence for which they were arrested is in a vehicle you may enter and search that vehicle without warrant

Question 15

I’m what circumstances can Police request a consent search for people, places and vehicles

Answer 15

S92 S&S Act
-to prevent the commission of an offence
- to protect life or property, or to prevent injury or harm
- to investigate whether an offence has been committed
- any purpose in respect of which you could exercise a power of search conferred by an enactment, if you held a particular belief or suspicion specified in the enactment.

Question 16

S93 S&S Act

Answer 16

Advice that must be given before consent searches

• determine that the search is for a purpose listed in S92
• advise the person for the reason of the search and that they may consent or refuse to consent to the search

Question 17

What is an implied licence

Answer 17

It is presumed that members of the public including police officers can enter private property so far as is necessary to make an inquiry of an occupier, for any reasonable purpose or in the course of any lawful enquiry. Such an implied licence can be revoked by the occupier at any time.

Question 18

What does every search power under s110 authorise you to do

Answer 18

• enter and search
• request assistance
• use reasonable force in respect of property
• seize anything subject to the search
• bring and use equipment including using electricity from the place, vehicle or thing
• bring and use a trained law enforcement dog
• copy documents that may lawfully be seized
• access a computer system or other storage device
• copy intangible material
• take photographs, sound and video recordings and drawings

Question 19

What is S 115

Answer 19

The search powers listed in S110 are subject to any conditions imposed by an issuing officer when issuing a search warrant
The privilege and confidentiality provisions in the act

Also subject to reasonableness under S21 BORA

Question 20

S113 S&S Act

Answer 20

Any person called upon by a Constable to assist in a search are subject to your control and the overall responsibility for exercising the power rests with you.

You must accompany them when they first enter the place vehicle or other thing to be searched and provide reasonable supervision of them

Doesn’t apply to other Constables

Question 21

S117 S&S Act

Answer 21

When search warrant pending

You may at any time that is reasonable in the circumstances
- enter and secure the place, vehicle or other thing and
- secure any items found there, and
- direct any person to assist with the entry and securing of the place, vehicle or other thing or the securing of items in it
If you believe that evidential material may be destroyed altered damaged or removed before a decision is made to grant or refuse the search warrant.

Can only use for up to six hours or until the SW has been granted or declined.

Question 22

S118

Answer 22

Powers incidental to search,

If you are exercising a search power in relation to a place or vehicle you may detain any person to determine whether there is a connection between them and the object of the search if the person was
- there at the start of the search
- arrives at the place or stops at or enters or tries to enter the vehicle while the search is being carried out

You may use reasonable force to effect and continue the detention.

The detention
- may be for any reasonable period but no longer than the duration of the search
- starts when you direct the person to remain and ends when you tell them they are free to go

You must take active steps to determine whether there is a connection

Question 23

S119 S&S Act

Answer 23

If you are searching a place or vehicle you may

Search any person
- found at that place or in or on the vehicle or
- who arrives at the place or
- who stops at or enters or tries to enter or get into or onto the vehicle

If you have RGTB that evidential material that is the object of the search is on that person or
- RGTS the person is in possession of a dangerous item that poses a threat to safety and you believe that immediate action is needed to address that threat.

An exception to the above is when searching for drugs, that can be carried out under s19 or 21

Question 24

S120 S&S Act

Answer 24

Power of search when suspect pursued

If you intend to search a person or vehicle but that person or vehicle leaves before you are able to start or complete the search

You may
- apprehend the person or
- enter any place to apprehend the person or the vehicle

If you have
- been freshly pursuing the person from the intended search location until apprehended, and
- you have RGTB that relevant evidential material is still on the person or in or on the vehicle

Question 25

What must you do when exercising a search power before your initial entry

Answer 25

• announce your intention to enter and search that place vehicle or other thing under a statutory power
• identify yourself (by name or QID)
• if not in police uniform produce evidence of ID

You must also either before or on initial entry provide the occupier of the place or the person in charge of the vehicle or other thing
- a copy of the search warrant or
A facsimile or a printout of an electronically generated copy of the warrant or a copy which is endorsed to that effect

S131

Question 26

What are the exemptions to announcing your entry and identifying yourself and giving reason for search under s131

Answer 26

• no person is lawfully present in or on the place vehicle or other thing to be searched or
• compliance with the requirements would
• endanger the safety of any person or
• prejudice the successful exercise of the entry and search power or
• prejudice ongoing investigations

Question 27

S116 S&S Act

Answer 27

If you are carrying out a search you may in a manner and for a duration that is reasonable to carry out the search
- secure the place vehicle or other thing searched, or any area within that scene or anything found within that scene,
- exclude any person from the scene or area, or give them any other reasonable direction l, if you have RGTB they will obstruct or hinder you.

If requested by any person effected by the search, you must
- identify yourself by name or id
- state the name of the enactment under which the search is taking place and the reason for the search unless it is impractical in the circumstances
If not in uniform produce ID

Question 28

What is s112 in relation to

Answer 28

Items of uncertain status

Question 29

S123 S&S

Answer 29

Seizure of items in plain view
May seize any item you believe you could have seized under any search warrant under the S&S act
Any other search power
While executing a power of search

Question 30

What are your obligations under s133

Answer 30

For searches resulting in things seized you must at the time the thing is seized or as soon as practicable after the seizure and no later than 7 days after the seizure, provide:
- to the occupier of the place, or the person in charge of the vehicle or other thing and
- to every other person you have reason to believe is the owner of the thing seized the following
- an inventory of items seized and the accompanying notice to owners and others in relation to things seized and
- a copy of the authority of the owner us different from the occupier or person in charge and has not previously received the relevant form

Question 31

S121 S&S

Answer 31

Power to stop vehicle to search

You may stop a vehicle to conduct a search under a power to search without a warrant or with a warrant if you are satisfied that grounds exist to search the vehicle or the warrant has been issued and is in force

Question 32

S122 S&S

Answer 32

Moving vehicle for purpose of search of safekeeping

You may move a vehicle to another place if you find or stop the vehicle and you have lawful authority to search the vehicle but it is impracticable to do so at that place or reasonable grounds to believe it is necessary to move the vehicle for safekeeping

Question 33

S128 S&S

Answer 33

When stopping vehicles to conduct searches you may require the vehicle to remain stopped for as long as is reasonably necessary for the exercise of any powers in respect of the vehicle or the vehicle occcupants

Question 34

S129 S&S

Answer 34

Duty to provide information to vehicles driver

Immediately after stopping the vehicle you must
- identify yourself to the driver,
- state the name of the enactment under which the search is taking place and the reason for the search unless it is impracticable in the circumstances
- if not in uniform produce ID

Question 35

S9 S&S

Answer 35

Stopping vehicles without warrant to effect arrest

You may stop a vehicle without warrant to arrest a person you have RGTS is unlawfully at large or has committed an offence punishable by imprisonment and to believe that person is in or on the vehicle.