Search Options

Question 1

Search options (pg 10)

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

Answer 1

• Searching using a warrantless power; if a warrantless power is available to you, then you have a power of search without a warrant
• Search by consent; if you do not have grounds to apply for a search warrant or to use a warrantless power, then you may request a search by consent. A consent search is not the most desirable action as there are additional rules that apply to consent searches and these rules must be followed if the search is to be lawful

Question 2

Why use a search warrant (pg 10)

Answer 2

1) Ensures judicial oversight
2) Provides greater protection for Police and the public
3) Requires recording and reporting results

Question 3

Search by consent (pg 11)

Before conducting a search by consent, you must determine that the search is for one of the following reasons:

Answer 3

• 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

Question 4

Undertaking a consent search (pg 11)

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

Answer 4

• Of the reason for the proposed search
• They may consent or refuse to consent to the search

Note: A person may withdraw their consent at any time. Make sure you follow good practice requirements and record your grounds for requesting a consent search and make notes about the search in your notebook.

Question 5

Undertaking a consent search (pg 11)

14 year olds:

Answer 5

A person under 14 years old is unable to consent to the 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’s search).

Question 6

Undertaking a consent search (pg 11)

Reporting requirements

Answer 6

Under the S and S Act reporting requirements you do not have to report a consent search.

Question 7

CADD (pg 12)

Answer 7

Concealed
Altered
Damaged
Destroyed

Question 8

Conceal example (pg 12)

Answer 8

By burying or hiding items in another place or removing items

Question 9

Altered example (pg 12)

Answer 9

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

Question 10

Damaged example (pg 13)

Answer 10

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

Question 11

Destroyed example (pg 13)

Answer 11

By consuming food, alcohol or drugs, burning clothing

Question 12

How to comply - S and S Act 12 - (pg 7):

To meet its objectives and obligations when carrying out entries, searches, inspections, productions, examinations, seizures, road blocks and stopping vehicles, Police will:

Answer 12

• Ensure it has a lawful authority to conduct such activities and exercise any other incidental power in relation to those activities, including the use of force
• Conduct risk assessments when planning the exercise of those powers and take action to mitigate risks to protect the safety of the public and employees carrying out the Act’s power
• Only seize what Police are lawfully entitled to seize
• Provide appropriate announcements and identification in the exercise of those powers
• Satisfy requirements detailed in the Act (e.g. notice and inventory requirements after search or seizure)