Search Introduction Flashcards
What is the purpose of the Search and Surveillance Act?
- Modernizing the law of search, seizure and surveillance to take into account advances in technologies and to regulate the use of those technologies.
- Providing rules that recognise the importance of the rights and entitlements affirmed in other enactments.
- Ensuring investigative tools are effective and adequate for law enforcement needs.
Define RGTS and 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 actually exists.
How do you show your decision making around use of a search power?
What else may you be required to do later on if you’ve used a search power?
Record reasonable grounds for using a search power in your notebook. This is your decision log.
Be aware that you may be required to:
- Report on your decision to use a power and your grounds for using it.
- Justify your use of a power in court or in other formal proceedings.
Define a lawful search.
Under the Search and Surveillance Act a lawful search is a search that is conducted:
- With a search warrant.
- Under a warrantless search power.
- With a person’s consent.
Define reasonable search.
Under the Search and Surveillance Act a reasonable search is a search that:
- Complies with s21 of the BORA and considers factors such as:
- The nature of the search.
- How intrusive the search is.
- Where and when the search takes place.
What are some of the things you should be considering when deciding that you have RGTB it is not practicable to apply for a SW?
When you are thinking about what is practicable, consider questions such as:
- Is there time to gain approval and apply for a search warrant?
- Can the scene be secured under s117?
- Are reasonable resources (including number of staff) available to minimise risk and ensure safety?
- Is the ev. mat. at risk of CADD?
- The location of the search and who may be present.
Record these decisions in your notebook as part of your decision log.
If it is not practicable in the circumstances to apply for a search warrant, there may be two other options available to you. List those options.
- Search using a warantless search power.
- Search by consent.
Why use a search warrant?
Using a search warrant:
- Ensures judicial oversight.
- Provides greater protection for Police and the public.
- Requires recording and reporting of results.
Section 91-96 of the S+S Act 12 covers consent searches. Before conducting a consent search, list some of the circumstances that must exist before proceeding.
- To prevent the comission of an offence.
- To investigate whether an offence has been committed.
- To protect life or property.
- To prevent injury or harm.
Before conducting a search by consent, what must you advise the person from whom consent is sought?
- Of the reason for the search, and;
- They may consent or refuse to consent to the search, and;
- They may withdraw consent at any time.
What is good practice to do regarding consent searches?
- Record your grounds for requesting a consent search.
- Make notes about the search in your notebook.
Who cannot consent to a consent search under s92?
A person under 14 years old is unable to consent to the search of a place, vehicle or other thing, (unless they are found driving with no passenger of or over 14 years of age, with authority to consent to the vehicle search).
Define evidential material.
Evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.
Define tangible and intangible.
Tangible: something that may be touched.
Intangible: unable to be touched, not having a physical presence.
Give an example of intangible material
- An email address.
- Access information to an internet data storage facility.
