Search Introduction - Obligations

Question 1

What section of SSA outlines your obligations when searching a PVOT? and what are those obligations?

Answer 1

S131 outlines your obligations.

1. Identification - identify yourself by name or by unique identifier(QID).
2. Intention - Announce your intention to enter and search
3. State 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(Bill of Rights)

Question 2

As well as providing a reason for the search, you must also…

Answer 2

1. Provide a copy of the SW or a WS notice to occupier(POL 1275) and provide an inventory of items seized.
2. Report your use of certain powers - (S169)
3. Consider privilege - (S136-147)

Question 3

Giving notice when executing a search warrant includes what?

Answer 3

Giving notice is more than just telling or explaining to the person what you are about to do and why. It includes giving written notice by providing a copy of the SW.

Question 4

Giving notice when using a warrantless search power includes what?

Answer 4

1. Stating the name of the enactment under which the search is taking place and the reason for the search under that enactment (unless it is impracticable to do soon the circumstances)
2. To comply with this obligation you can use a form which is the POL1275 search notice to occupier.

Question 5

You are not required to comply with…..

Answer 5

Identification, intention and notice requirements on initial entry if you have RGTB that no one is present.

Question 6

Additionally you do not have to comply with the requirements on initial entry if you have RGTB this would:

Answer 6

1. Endanger any persons safety
2. Prejudice the successful use of the entry and search power
3. Prejudice on-going investigations

Question 7

Persons refusing entry

Answer 7

When executing a SW or a WSP of a PVOT , you may use reasonable force to enter if the person refuses or does not allow entry within a reasonable time following a request.

Question 8

What may you do if there is no one present at the PVOT where the search is to be conducted?

Answer 8

You may use RF to enter the PVOT to be searched if you have RGTB that no one is lawfully present.

Question 9

If no one is present when a search is conducted what must be provided and when?

Answer 9

Either a copy of the SW or a POL 1275 search notice to occupier must be provided together with an inventory of any material seized. This must be done within 7 days of the completion of the search.

Question 10

Obligations cover?

Answer 10

Identification, Intention, Reason, and Notice.

Question 11

Rub down search

Answer 11

S85

Question 12

WS of detained person

Answer 12

S88