Search Introduction - Power to Search

Question 1

What does S110 authorise you to do?

Answer 1

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

Question 2

If your search is impeded by a person or if you have RGTB that any person would obstruct or hinder your ability to search what Section could you use and what does it allow you to do?

Answer 2

Section 116 allows you to:
Exclude that person from the PVOT being searched, or any area in or on the place or vehicle, and;
Give any reasonable direction to that person.

Question 3

Explain S116

Answer 3

You can secure a PVOT to be searched and exclude any person from the PVOT.

Question 4

Explain S118

Answer 4

You can detain people when searching P & V for the purposes of determining whether there is any connection between a person at the P or in or on the V and the object of the search.

Question 5

Explain S119

Answer 5

You can search people found when searching P & V if you have RGTB that EM that is the object of the search is on that person, or;
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.

Question 6

Explain S120

Answer 6

If you are in fresh pursuit, and have RGTB that relevant EM is still on the person, you have the power to enter a place to apprehend the person and search the person or vehicle.

Question 7

AWOCA

Ask

Answer 7

Greet the person and identify yourself. Ask the person to comply with your search.

Question 8

AWOCA

Why

Answer 8

Give the reasons for your actions. Intention to search under the SSA 12. Based on belief or suspicion.

Question 9

AWOCA

Options

Answer 9

Present options:
Allow search or
Be arrested for obstruction

Question 10

AWOCA

Confirm

Answer 10

confirms that the person understands the options.

Question 11

AWOCA

Action

Answer 11

Take action.

Arrest for obstruction.

Question 12

Special rules for searching people

Answer 12

You can search any item that the person is wearing, carrying, has in their physical possession or immediate control(section 125(1)(i).
Any search undertaken must be conducted with decency and sensitivity and in a manner that affords the person being searched a degree of privacy and dignity.
You can seize any item that the person is wearing, carrying, or is in their immediate possession if that is the item you are searching for (S125(1)(j)).
You may also seize any item that may be lawfully seized even if it was not the subject of your search.
Promptly provide an inventory.

Question 13

What are your powers if a person detained for a search tries to leave?

Answer 13

Under S118(4) you can use RF to detain the person to be searched.

Question 14

What are your powers if a person arrives at a place or vehicle that is the subject of a search?

Answer 14

Exclude that person from the search scene if you gave RGTB the person will obstruct or hinder your powers(S116(1)(b).
Detain that person to determine of there is any connection between them and the object of your search (S118(1)).
Search that person if you have RGTB that they may have evidential material on them (section 119(1).
Search that person if you have RGTS that they may have a dangerous item that poses a threat to safety and you believe you need to act immediately to address that threat(S119(2)(a) and (b)).