SEARCH OPTIONS Flashcards
1
Q
What are two search options?
A
- Search using a warrantless search – If a search power is available, then use the power of search without a warrant
- Search by consent – If no grounds to apply for a SW or use a warrantless search power. You may request a search by consent. Rules must be followed is the search is to be lawful.
2
Q
Why use a search warrant?
A
- Ensures Judicial oversight
- Provides protection for Police and the public
- Requires recording and reporting results
3
Q
What Section covers consent?
A
Section 91-96
4
Q
Before conducting a search by consent you must determine what: (List 4 things)
A
- Prevent the commission of an offence
- Investigate if an offence has been committed
- Protect life or property and
- Prevent harm or injury
5
Q
Before undertaking a consent search: you must
A
you must advised the person the reason for the search and they may consent or refuse to the search.
6
Q
who cannot give consent
A
A person under the age of 14 cannot consent to a search unless they are found driving and there is no passengers over the age of 14 that could give authority or consent to search the vehicle.
7
Q
Evidential material that is tangible
A
Something that may be touched
8
Q
Evidential material that is intangible
A
Unable to be touched or not having a physical presence
9
Q
Define CADD:
A
- Concealed – Burying, hiding, removing items
- Altered – Changing and removing serial number
- Damaged – Cutting the firewall of a stolen
- Destroy – Consuming food, alcohol or drugs
