Search Introduction

Question 1

1. Define RGTS?

2. Define RGTB?

Answer 1

1. Reasonable ground to suspect means having a sound basis for suspect that a situation or circumstances exists.
2. Reasonable ground to believe means having a sound basis for suspect that a situation or circumstances exists.

Question 2

When you have formed a belief or suspicion you must be able to clearly describe your reasons - for holding the belief or suspicion, you must?

Answer 2

You must:
- 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 us a power and your grounds for using it.
• Justify your use of a power in court or in other formal proceedings.

Question 3

Define a lawful search ?

Answer 3

Under the Search and Surveillance Act a lawful search is a search that is conducted:

1. With a search warrant.
2. Under a warrantless search power.
3. With a persons consent.

Question 4

Define Reasonable search?

Answer 4

Under the Search and Surveillance Act a reasonable search is a search that:

1. Complies with s21 of the BOR Act and considers factors such as;
2. The nature of the search.
3. How intrusive the search is.
4. Where and when the search takes place.

Question 5

A decision that applying fir a search warrant is not practicable must be based on RGTB that it is not practicable to apply for a search warrant in the circumstances, what questions should you consider?

Answer 5

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 evidential material at risk.
• Location of the search and who may be present.

Record in your decision log.

Question 6

If it is not practicable in the circumstances to apply for a search warrant, there may be two other available to you?

Answer 6

1. Search using a warantless search power.

2. Search by consent.

Question 7

Why use a search warrant?

Answer 7

Using a search warrant:

1. Ensure judicial oversight.
2. Provides greater protection for Police and Public.
3. Requires recording and reporting of results.

Question 8

Section 91-96 of the S+S Act 12 covers consent searches, before conducting a consent search, you must determine that the search is for one of the following reasons?

Answer 8

1. To prevent the comission of an offence.
2. To investigate whether an offence has been committed.
3. To protect life or property.
4. To prevent injury or harm.

One or more of these conditions must exist to justify any consent search s92.

Question 9

Before conducting a search by consent, you must advise the person from whom consent is sought, what?

Answer 9

1. Of the reason for the search, and
2. They may consent or refuse to consent to the search.

They may withdraw consent at any time.

Question 10

Who cannot consent to a consent search under s92?

Answer 10

A person under 14 years old is unable to consent tot he 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.

Question 11

Define evidential material?

Answer 11

Evdiential material, in relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the the offence.

Question 12

Define Tangible?

Define Intangible?

Answer 12

Tangible
According to the oxford dictionary, tangible means something that may be touched.

Intangible
According to the oxford dictionary, intangible means, unable to be touched, not having physical presence.

Question 13

Define CADD and provide an example for each one?

Answer 13

Concealed
-By burying or hiding items in another place or removing them.

Altered
-By changing or removing serial numbers from stolen property in an attempt to disguise it.

Damaged
-By cutting out the firewall of a stolen car to remove an identifying feature.

Destroyed
-By consuming food, alcohol, drugs or burning clothing.

Question 14

When searching a place, vehicle or thing, you must comply with the obligations set out under s131?

Answer 14

You obligations cover, identification, intention, reason and notice requirements. whereby before initial entry you must:

1. Identify yourself by name or unique identifier (QID)
2. Announce your intention to enter and search.
3. Stat the name of the Act.
4. Give notice by providing a copy of the search warrant.
5. Remember that when you have detained a person for the purpose of a search you must caution them.

Question 15

If you are using a warrantless search power you must state the reason for your search, you must also?

Answer 15

You must also:

1. Provide a copy of the SW or warrantless search notice to occupier (pol 1275) and provide an inventory of items seized.
2. Report you use of certain powers s169.
3. Consider privilege.

Question 16

What are the exceptions to identification and notice?

Answer 16

You are not required to comply with identification, intention and notice requirements on initial entry if you have RGTB that no on is present.

Also you do not have to comply with the requirements of you have RGTB this would:

• Endanger the persons safety.
• Prejudice the successful use of the entry and search power.
• Prejudice the on-going investigations.

Question 17

What can you do if a person refuses entry?

Answer 17

When you are executing a SW or Warrantless power of search of a place, vehicle or other thing you may use reasonable force to enter if the person refuses entry or does not allow entry within a reasonable time following a request.

Question 18

What if there is no one present at the place where the search is conducted?

Answer 18

You may use reasonable force to enter the Place, vehicle or thing to be searched if you have RGTB that no one is lawfully present.

If the occupier is not present you must leave a copy of the SW or pol 1275 and an inventory of any material seized pol268, this must be done as soon as possible after the search and must be provided within 7 days of completion of the search.

Question 19

What does s110 of the S+S Act authorise you to do when searching with or without a warrant?

Answer 19

s110 Authorises you to:

1. Enter and search the P, V or T, that you are authorised to enter or search.
2. Search any item or items found in that P, V or T (if reasonable.
3. Use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure.
4. Seize anything that is the subject or anything else that may be lawfully seized.
5. Request assistance with entry and search.
6. Bring and use any equipment found on the P, V or T.
7. Bring and use a trained law enforcement dog and its handler.
8. Copy any document, or part of a document, that may be lawfully seized.
9. Access a computer system or other data storage device.
10. Copy intangible material, eg computer data.
11. Take photographs, sound and video recordings and drawings.

Question 20

What if your search is impeded (116)?

Answer 20

If your search is impeded by any person or if you have RGTB that any person would obstruct or hinder your ability to search, then you could use section 116 to:

• Exclude that person form the P, V or T being searched, or any area in or on the place or vehicle.
• Give nay reasonable direction to that person.

Question 21

Additional Powers define:

S116?

S118?

Answer 21

Section 116
You can secure a Place, vehicle or other thing to be searched and exclude any person from there.

Section 118
You can detain people when searching places and vehicles for the purposes of determining whether there is any connection between a person at the pace or in or on the vehicle ad the object of the search,

Question 22

Additional Powers define:

S119?

Answer 22

Section 119

• You can search people found when searching places and vehicles if you have RGTB that evidential material that is the object of the search is on that person.
• If you have RGTS that the person is in possession of a dangerous item that poses a threat to safety and you believe that immediate action is needed to address that threat.

Section 120
If you are in fresh pursuit, and with RGTB that relevant evidential material is still on the person, you have the power to enter any place to apprehend the person and search the place or vehicle.

Question 23

Special rules for searching people?

Answer 23

You can search any item that the person is wearing, carrying, has in their physical possession or immediate control s125(1)(i).

Any search you undertake must be conducted with decency and sensitivity. It must be conducted in a manner that affords to the person being searched the degree of privacy and dignity that is consistent with achieving the purpose of the search.

Question 24

Privileged material, define and list examples?

Answer 24

Privilege allows the holders of particular information to refuse to disclose this information. This information is recognised as privileged under the S+S Act.

Recognised privileged material includes material gained through communications with:

• Legal advisors
• Ministers of religion
• Medical practitioners
• Clinical Psychologists
• Informers
• Journalists

No privilege applies if the information is made, received, compiled or prepared for a dishonest purpose or to enable or aid any person to commit an offence.

Question 25

There are set procedure when a search involves privileged material, what are they?

Answer 25

There are set procedures when a search involves privileged materiel held by a specified person:

You must:

• Ensure that the person or their representative is present when the search is undertaken.
• Give the person proper and reasonable opportunity to claim privilege.