Search Introduction Flashcards
Section 5 states the purpose of the act is to:
Facilitate monitoring of compliance of the law, investigation, and prosecution of offences on a manner that is consistent with human rights by:
- modernising law of search, seizure, and surveillance to take in to account advancing technologies
- providing rules that recognise rights affirmed in other enactments
- ensuring investigative tools are effective and adequate
Purpose of the act- how to comply?
Meet objectives and obligations when carrying out:
- entries
- searches
- seizures
- examinations
- road blocks
- stopping vehicles
Purpose of the act- how to ensure compliance?
Or what are the ways in which the acts ensures people do comply with the rules?
- ensure there is lawful authority for police to conduct activities or exercises
- conduct risk assessments
- police only seize what’s lawful
- provide announcements of those powers
- satisfy requirements of the Act
RGTS versus RGTB
RGTS: having a sound basis for suspecting that a situation or circumstance exists
RGTB: having a sound basis for believing that a situation or circumstance exists
When reasonable grounds are formed you must and may be required to..?
MUST:
Record your reasonable grounds for using the search power in notebook
May be required to:
- report on my decision to use a power and my grounds for using it
- justify use of power in court or other formal proceedings
What is a lawful search?
With a search warrant
Under warrantless search power
With consent
What is a reasonable search?
Complies with section 21 or BORA
nature of search
How intrusive search is
Where and when it occurs.
Considerations for practicality of search?
5 pts
TS REL
Time to get approval Securing scene Reasonable resources to minimise risk and ensure safety Evidential metrical at risk Location of search
Why use a search warrant?
Ensures judicial oversight
Greater protection for police and public
Requires recording and reporting of results
What section cover consent searches?
91-96
What four reasons can you conduct a consent search?
To prevent the confusion of an offence
Investigate if offence has been committed
Protect life or property
Prevent injury or harm
Before a consent search, must advise the person:
The reason for proposed search
They may consent or refuse the search
May withdraw consent at any time
What is evidential material?
In relation to an offence or suspected offence, means evidence of the offence, or any item, tangible or intangible, of relevance to the investigation of the offence.
CADD?
Concealed
Altered
Damages
Destroyed
S131?
Obligations when conducting search.
Identify by name or QID Announce intention to enter and search State act Providing copy of SW Detain and BOR
How to comply with obligation of notice in warranted versus warrantless search powers:
Warrant: provide copy of search warrant
Warrantless: state name of enactment and reason for search, can use the POL 1275
Exceptions to identification and notice?
RGTB no one is present, OR if you have RGTB that initial entry would:
- endanger persons
- prejudice success of search
- prejudice ongoing investigations
If someone refuses entry?
Ay use reasonable force to enter
If no one is present at time of search?
Leave a copy of warrant or a POL 1275
Leave I Bentley if items seized
Must be done ASAP after search within 7 days
Section 110?
11 pts
ESUS RUD CACT
- enter and search
- search any item found within
- use reasonable force
- seize anything
- request assistance
- use any equipment
- dog/handler
- copy documents
- access computer systems
- copy intangible material
- take photographs
S116?
- exclude a person from a place, vehicle, or thing being searched, or any in or on the place or vehicle
- give any reasonable direction to that person
s 118?
Detain people when searching places and vehicles for the purposes of determining connection of person and place or vehicle
s119?
Power to search people found when searching places and vehicle if have:
- RGTB evidential material is on that person
Or
-RGTS person is in possession of dangerous item threat to safety
AWOCA
A ask person to comply with search
W give reasons for search
O allow search or be arrested for obstruction
C confirm person understands those options
A arrest for obstruction
s 125
Special rules for searching people
- can search any item the person is wearing or in possession or control of
- can seize any of those
- can seize any item that’s not in search of it may be lawfully seized
s118(4)
Can use reasonable force to detain a person to be searched
I’d someone arrives and starts talking to a person you have detained under 118, you can:
Exclude that person (s117)
Detain that person (s118)
Search that person RGTB evidential material (s119)
Search if RGTB dangerous item (s119)
s120
Enter and search following fresh pursuit of RGTB evidential material in vehicle or on person
What is meaning of privileged material?
Allows holders of particular information to refuse to disclose this information.
No privilege applies if information is made, compiled, revived for a dishonest purpose.
The 6 types of privileged material?
Material gained through:
Legal advisors Ministers of religion Medical practitioners Clinical psychologists Informers(informants) Journalists
