Search Introduction Flashcards
Purpose of the act
Section 5
To facilitate the monitoring of compliance with the law and investigation consistent with human rights values
- modernising law
- importance of rights and entitlements
- ensuring investigation tools are effective and adequate
Complying with act
Police will
- ensure lawful authority to conduct actions
- risk assessments
- only seize what is entitled
- announcements and identification
- satisfy requirements e.g. notice and inventory notices
Lawful and reasonable searches
- with search warrant
- with warrantless search
- with consent
What is a reasonable search
- complies with s21 BOR
- nature of search
- intrusive of search
- when/where search takes place
Warrant prefeeence rule
Must apply if practicable in the circumstances
- time to gain approval
- secure scene 117
- resources to reduce risk and ensure safety
- EM at risk
- location of search and who may be present
Why use search warrant
- ensure judicial oversight
- greater protection for police and public
- require recording and reporting of results
Organisational accountability
Search by consent
Section 91-96
Must be to
- prevent commission of an offence
- to investigate whether an offence has been committed
- protect life or property
- prevent injury or harm
Must advise reason for consent and they may refuse or withdraw consent at any time
Who cannot consent
A person under 14 unless driver of a vehicle with no passenger over 14
Definition of EM
Evidence of an offence or any other item tangible or intangible of relevance to the investigation
Tangible - something that may be touched
Search obligations
Section 131
- identify name or qid
- evidence of id
- intention to enter and search
- name of act
- provide copy of warrant
- bor
Warrantless search obligations
In addition to other obligations
- warrantless search notice pol 1275
- copy of inventory
- report powers section 169
- consider privledge section 136-157
Exceptions to ID and notice
On initial entry if RGTB this would
- endanger persons safety
- prejudice the successful use of the entry and search power
- prejudice ongoing investigations
