Search By Consent

Question 1

Section 91 – 96 of the Search and Surveillance act covers what?

Answer 1

Consent searches

Question 2

Before conducting a search by consent, you MUST determine that the search is for one of the following reasons.

Answer 2

• To prevent the commission of an offence
• To investigate whether an offence has been committed
• To protect life or property
• To prevent injury or harm

Question 3

– Before conducting a search by consent, what are the “rules” around consent searches?

Answer 3

• The reason for the proposed search AND
• They may consent or refuse to consent to the search
• The person who consents to the search may withdraw their consent at any time, if this occurs you MUST stop searching unless you evoke a warrantless search power.
• Record your grounds for requesting the consent search and make notes about the search in your notebook.
• Under the search and surveillance act reporting requirements, you do not have to report a consent search.

Question 4

– When dealing with a person under the age of 14 years of age, in what instance can you gain their consent for a search?

Answer 4

When they are found driving with no passenger over the age of 14 years of age with the authority to consent to the vehicles search. Other than this, a person under the age of 14 years of age cannot give consent to search.