Search Introduction - Search Options Flashcards
If it is impracticable to obtain a search warrant, what other two options are available?
Search using a warrantless power - If a warrantless power is available to you, then you have power of search without a warrant.
Search by Consent - If you don’t have grounds to apply for a search warrant or to use a warrantless power, then you may request a search by consent. This is the least desirable as there are additional rules that apply and must be followed if the search is to be lawful.
You cannot search when…
You do not have a search warrant, a warrantless power of search, or consent from the person.
Why use a search warrant?
- Ensures judicial oversight
- Provides greater protection for Police and the public
- Requires recording and reporting of results
What sections of SSA 12 cover consent searches
S91 - S96
Before conducting a search by consent, you must determine that the search is for one of the following reasons:
- To prevent the commission 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, you must advise the person from whom consent is sought:
- Of the reason for the proposed search; and
2. They may consent or refuse to consent to the search
Withdrawing consent
A person who consents to a search of themselves, place, vehicle, or thing in their control may withdraw consent at any time.
What must you do if a person withdraws their consent?
Stop the search immediately unless you can invoke a warrantless search power.
Consent of a person under 14 years old
A person under the age of is unable to consent to the search of a place, vehicle or other thing(unless they are found driving within passenger of or over 14 years of age with authority to consent to the vehicle’s search)
Do you need to report a consent search?
You do not need to report a consent search.
