Search Introduction

Question 1

Section 5 states the purpose of the act is to:

Answer 1

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

Question 2

Purpose of the act- how to comply?

Answer 2

Meet objectives and obligations when carrying out:

• entries
• searches
• seizures
• examinations
• road blocks
• stopping vehicles

Question 3

Purpose of the act- how to ensure compliance?

Or what are the ways in which the acts ensures people do comply with the rules?

Answer 3

• 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

Question 4

RGTS versus RGTB

Answer 4

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

Question 5

When reasonable grounds are formed you must and may be required to..?

Answer 5

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

Question 6

What is a lawful search?

Answer 6

With a search warrant

Under warrantless search power

With consent

Question 7

What is a reasonable search?

Answer 7

Complies with section 21 or BORA
nature of search
How intrusive search is
Where and when it occurs.

Question 8

Considerations for practicality of search?

5 pts

Answer 8

TS REL

Time to get approval 
Securing scene 
Reasonable resources to minimise risk and ensure safety 
Evidential metrical at risk 
Location of search

Question 9

Why use a search warrant?

Answer 9

Ensures judicial oversight

Greater protection for police and public

Requires recording and reporting of results

Question 10

What section cover consent searches?

Answer 10

91-96

Question 11

What four reasons can you conduct a consent search?

Answer 11

To prevent the confusion of an offence

Investigate if offence has been committed

Protect life or property

Prevent injury or harm

Question 12

Before a consent search, must advise the person:

Answer 12

The reason for proposed search

They may consent or refuse the search

May withdraw consent at any time

Question 13

What is evidential material?

Answer 13

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.

Question 14

CADD?

Answer 14

Concealed
Altered
Damages
Destroyed

Question 15

S131?

Answer 15

Obligations when conducting search.

Identify by name or QID
Announce intention to enter and search 
State act 
Providing copy of SW
Detain and BOR

Question 16

How to comply with obligation of notice in warranted versus warrantless search powers:

Answer 16

Warrant: provide copy of search warrant

Warrantless: state name of enactment and reason for search, can use the POL 1275

Question 17

Exceptions to identification and notice?

Answer 17

RGTB no one is present, OR if you have RGTB that initial entry would:

• endanger persons
• prejudice success of search
• prejudice ongoing investigations

Question 18

If someone refuses entry?

Answer 18

Ay use reasonable force to enter

Question 19

If no one is present at time of search?

Answer 19

Leave a copy of warrant or a POL 1275
Leave I Bentley if items seized
Must be done ASAP after search within 7 days

Question 20

Section 110?

11 pts

ESUS RUD CACT

Answer 20

• 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

Question 21

S116?

Answer 21

• 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

Question 22

s 118?

Answer 22

Detain people when searching places and vehicles for the purposes of determining connection of person and place or vehicle

Question 23

s119?

Answer 23

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

Question 24

AWOCA

Answer 24

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

Question 25

s 125

Answer 25

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

Question 26

s118(4)

Answer 26

Can use reasonable force to detain a person to be searched

Question 27

I’d someone arrives and starts talking to a person you have detained under 118, you can:

Answer 27

Exclude that person (s117)
Detain that person (s118)
Search that person RGTB evidential material (s119)
Search if RGTB dangerous item (s119)

Question 28

s120

Answer 28

Enter and search following fresh pursuit of RGTB evidential material in vehicle or on person

Question 29

What is meaning of privileged material?

Answer 29

Allows holders of particular information to refuse to disclose this information.

No privilege applies if information is made, compiled, revived for a dishonest purpose.

Question 30

The 6 types of privileged material?

Answer 30

Material gained through:

Legal advisors 
Ministers of religion 
Medical practitioners
Clinical psychologists 
Informers(informants)
Journalists