Search Powers Flashcards
LEPRA section 20 - Relevant offences
(a) indictable offences
(b) offences under s93FB Crimes Act (possess dng articles other then firearm)
(c) offences under Weapons Prohibition Act and Firearms Act
(d) offences under the explosions Act
LEPRA section 21 - power to….
Search seize and detain things without a warrant
(general search)
Police may stop search & detain person they suspect on reasonable grounds the person is in possession of
- anything stolen/unlawfully obtained
- anything used, intended to be used or in connection with a relevant offence
- dangerous article in a public place connected with the commision of a relevant offence
- prohibited plant or drug
NOTE KEYWORD IS – RELEVANT OFFENCE –
LEPRA section section 23 - power to search for….
Dangerous implement without a warrant in a public place
Police may search person they reasonably suspect person has a dangerous implement in a public place
police may search the person’s locker if they are a student and examine items inside the locker including items to that effect
LEPRA section section 27 - power to search on…
Arrest
Police who arrest a person may search the person at or soon after the time of arrest if suspects on reasonable grounds that it is prudent to do so to ascertain if the person has:
- anything that would present a danger
- anything that can assist the person escaping
- a thing that will provide evidence of an offence
- anything that was used or intended to be used in the commission of an offence
LEPRA section 28 - “ “
Ancilliary power to search
- when searching under s27 LEPRA, police may require the person to open their mouth to enable it to be searched or shake their hair
LEPRA section 28A - Power to carry out a search of…..
Person in lawful custody
- police may search person who is in lawful custody after arrest and seize and detain anything found on that search
- may be carried out at station or other place of detention immediatley before or after transpotation of person to or from places of detention
LEPRA section 30 - searches generally
In conducting the search of person, police officer may
- quickly run their hands over the person’s outer clothing
- require person to remove their jacket, gloves, shoes, socks, hat or items similar
- examine anything in their possession
- use metal detector device
LEPRA section 31 - strip searches
Police may perform strip search of person if
- is carried out at a police station or place of detention, police suspect on reasonable grounds the strip search is necessary for purpose of the search or,
- is carried out in any other place, police suspect on reasonable grounds that the strip search is necessary for purposes of the search and the seriousness & urgency of the circumstances make the strip search necessary
LEPRA section 32 - preservation of…
Privacy and dignity during search
- conducted by same sex
- least invasive for circumstances
- request co-operation
- explain if and why clothing needs removal
- conduct in a way that provides reasonable privacy
- conduct as quickly as reasonably practicable
- not to perform questioning while searching
- person must be allowed to dress after search
NOTE theres 8 dot points to remember
LEPRA section 33 - rules for…. (7)
Rules for strip search
- conduct in private area
- not to be done in presence of oppsite sex
- only those necessary present
- parent/guardian/legal rep may be present if reasonably practicable
- child 10-17 or if person intellectually impaired, must have parent/guardian/legal rep present
- MUST NOT involve search of body cavaties
- must not involve removal of more clothes than necessary
LEPRA section 34 - No strip searches of….
NO STRIP SEARCHES OF CHILDREN UNDER 10 YEARS OLD
LEPRA section 36 - Power to search….
Search vehicles and seize things without warrant
- police may without warrant stop search and detain a vehicle if suspects on reasonable grounds the vehicle is in possession of
- anything stolen or otherwise unlawfully obtained
- vehicle is being/was/may have been used or in connection with commission of a relevant offence
- vehicle contains anything used or intended to be used or in connection with commission of a relevant offence
- contains dangerous article or implement in public place or school
- person inside vehicle has prohibited plant or drug
- in or near a public place or school and theres circumstances exist that likely give rise to public safety
