Search Options and CADD

Question 1

Search by consent, S91-96 S&SA

Before conducting a search by consent you must determine that the search is for one (or more) of the following reasons?

Answer 1

1. To prevent the commission of an offence
2. To investigate whether an offence has been committed
3. To protect life or property
4. To prevent injury or harm

You cant randomly conduct a consent search, & cant be used to go on a “fishing expedition”

Question 2

Search Options, if not practicable in the circumstances to apply for a 4X, what are other options available to you

Answer 2

1. Search using warrantless power - if available to you then you have the power of search w/o warrant
2. Search by consent - if no grounds to apply for a 4X or to use a warrantless search power, you may request to search by consent.

There are additional rules that apply to consent searches which must be followed if the search is to be lawful

Question 3

Why use a search warrant?

Answer 3

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

Question 4

Before conducting a consent search you must?

Answer 4

Advise the person from whom consent is sought:
1. of the reason for the proposed search, &
2 they may consent or refuse to consent to the search

Question 5

Withdrawing consent to search

Answer 5

A person who consents to a search of themselves, place, vehicle or thing in their control may withdraw their consent at any time. If this occurs, stop the search immediately, unless you can invoke a warrantless search power to continue the search

Question 6

Good practice requirements

Answer 6

Make sure you follow good practice requirements and record your grouds for requesting a consent search and make notes in your notebook

Question 7

Persons under 14 and consent searches

Answer 7

A person under 14yrs 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 14yrs of age with authority to consent to the vehicles search)

Question 8

Consent search reporting requirements

Answer 8

Under the S&SA you do not have to report a consent search

Question 9

Evidential material in relation to an offence or a suspected offence means?

Answer 9

evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence

Question 10

Tangible means

Answer 10

means something that may be touched

Question 11

Intangible means

Answer 11

means unable to be touched; not having a physical presence.

S97 S&SA provides samples, email address or access info to an internet data storage facility

Question 12

When deciding if you should use a warrantless power, amoungst other things you should consider if there is a possibillity that evidential material will be subject to CADD

Answer 12

Concealed, ie burying or hiding items in another place or removing them
Altered, ie by changing or removing serial numbers from stolen property in an attempt to disguise it
Damaged, ie by cutting out the firewall of a stolen car to remove an identifying feature
Destroyed, ie by consuming food, alcohol or drugs, burning clothing

Question 13

CADD and RGTB

Answer 13

You must be able to explain your RGTB that the evidential material you are searching for will be subject to CADD