Search And Survillance

Question 1

In an urgent situation, how long may an officer use a surveillance device?

Answer 1

Up to 48 hours from when it is first used.

Any longer, you must obtain a SW or ALL evidence will be inadmissible

Question 2

The IO has authorized your SW for a vehicle used in a drive by shooting. It is later seen parked in a driveway. You drive by the house and see the car there. The SW allows you to…

Answer 2

Enter the place to execute the SW on the vehicle.

S.127

Question 3

You are executing a SW and locate a cellphone referred to on the warrant. You observe the cellphone is turned on. What action should you take to uplift it as an exhibit?

Answer 3

Leave it switched on, uplift and contact HTCG for advice

Question 4

A salesman notices a man acting 1C at a computer display and a short time later he discovers a laptop missing. Police are called and they promptly view the cctv record of the car park which show the man, who is carrying a laptop getting into a blue car, QSY432. Comma alerts all cars and a short time later you stop the vehicle under S.121 but, as you approach, the driver runs off. Can you proceed to search the vehicle for the missing laptop?

Answer 4

Yes, because you have RGTB the missing laptop is in the vehicle.

S.121

Question 5

John smith is a well known receiver of stolen property. You apply for a SW to search his residential address. There are no extenuating circumstances that will prevent your execution of the warrant WITHOUT delay. What is the normal time period the warrant will be valid for?

Answer 5

A period specified by the IO not exceeding 14 days

Question 6

You search a person for cannabis under a.21 of the s&s act 2012. What stat requirements (if any) do you have to fulfil after the search?

Answer 6

Submit a notification to the commissioner within 3 days

Question 7

What is the maximum duration of time that an authorization for a road block granted under s.30 is valid for without renewal by a district court judge?

Answer 7

24 hours.

May be renewed for a further 24 by a DC judge

Question 8

Johnny bashed his partner Jill with a cricket in their front yard. Jill is badly injured and is taken to hospital. Neighboring witnesses tell you Johnny left in a car taking the bat with him. They say no one else is inside the house. You now have RGTS an offence punishable by 14 years or more has occurred and RGTB that the bat is in Johnny’s car. Should you enter the house w/o warrant to search for evidential material?

Answer 8

No, because neither s14 or s15 apply in the circumstances.

S.14 - save a life
S.15 - evidence is there and may be CADD

Question 9

When applying for a SW you must provide details of any other applications for the target of the warrant that have been made during the previous….

Answer 9

3 months

Question 10

Before applying for a SW you must be sure that the offence you suspect is being, has been or is about to be commuted is…

Answer 10

An offence punishable by imprisonment.

Question 11

If you have RGTB that a person may hinder you when you are securing a place to be searched, s116 allows you to exclude the person from the place you are searching and…

Answer 11

Give that person any reasonable direction

Question 12

You and several other officers are called to a party that has got out of control. A young woman at the party tells you that she was sexually assaulted in a bedroom of the house. One of your colleagues leaves to apply for a SW. could you use s.117 in these circumstances?

Answer 12

Yes, because a SW is being sought, you are at the place and BELIEVE that evidential material may be CADD or removed.

S.117

Question 13

John, a well known criminal threatens to punch Jim in the head with a knuckleduster and then walks off down the road. Jason witnesses the incident. You locate John in the next street. You can search him because:

Answer 13

You have RGTS you will find evidential material relating to the offence on John

Question 14

As a condition of the authorization of your SW application, an IO may require you to complete

Answer 14

A s104 search warrant report

Question 15

Jack is 13. You stop him driving his fathers car. He is in his own. You ask Jack to consent to a search of the car. Which of the following statements is most correct?

Answer 15

Jack is able to consent to the search of the vehicle as there is no passenger over 14 In The vehicle who has authority over it and is able to consent to the vehicle search

Question 16

Under s&s2012 which of the following could be an example of ‘privileged information’

Answer 16

Patient records kept by a GP or psychologist

Question 17

Where you have RGTS that an offence is being committed that is likely to cause injury to any person, you may enter the place or vehicle without warrant and

Answer 17

Take ANY action that you have RGTB is necessary

Question 18

A P1 call takes you to the home of an elderly man who disturbed a burglar wearing a LA Lakers hoodie. He gives the rego of the burglars car. A short time later you stop the vehicle under s9 and k9 the sole occupant who is not wearing the hoodie. Can you search the vehicle under s10?

Answer 18

Yes, because you can search for evidential material related to the offence.

(S10 allows vehicle search if stopped under s9 to search for evidence)

Question 19

Billy strikes Mike over the head with a hammer and drives off. A short time later you locate Billy driving and stop it under s121 to search Billy and the car for the hammer. As you go to speak to him, billy leaps out and sprints off. Can you search the car for the hammer?

Answer 19

Yes, because you saw Billy run away from car and you have RGTS the hammer is still in the car

Question 20

Jimmy breaches the conditions of the PO held by Jenny when he enters their home and assaults her. Jenny tells you that Jimmy has gone to his mates house to pick up his belongings because he says he’s leaving town. Which warrantless power could you use on Jimmy’s mates house?

Answer 20

S8 warrantless entry to arrest jimmy who has commited the offence of assault

(S8 entry to avoid loss of offender)
(S7 entry to k9 unlawfully at large)
(S15 entry or CADD)

Question 21

Risk assessment is essential in the search warrant process. When should risk assessment occur?

Answer 21

Before the SW application is completed and prior to execution

Question 22

You are enroute to the scene of an armed robbery where it is believed that an air rifle has been used. You locate a person you believe to be the offender a couple of blocks from the scene. Can you lawfully search him under s.18 of the s+s act 2012?

Answer 22

Yes, providing you have RGTS they are in possession of it

Question 23

Your completed SW app must show clear connections between

Answer 23

The offence, the target address and evidential material sought there