Search powers

Question 1

Reasonable grounds to believe (RGTB)

Answer 1

having a sound basis for believing that a situation or circumstance actually exists

Question 2

Reasonable grounds to suspect (RGTS)

Answer 2

having a sound basis for suspecting that a situation or circumstance actually exists

Question 3

Unlawfully at large

Answer 3

Arrest warrant
escaped from Prison or is absent without leave
escaped from lawful custody
is a special or restricted patient and has escaped or failed to return from leave .
is a care or special care patient that has escaped or failed to return from leave.
is a young person who is subject to a youth court order and they have absconded from CYF custody.

Question 4

Section 8

Answer 4

Emergency power to enter a place or vehicle to avoid loss of an offender or EM.
must have RGTB they are there or that CADD.
Note you may not search if you do not located the offender.

Question 5

Section 14

Answer 5

Emergency power to enter to preserve life or safety.

Question 6

Section 15

Answer 6

Power to search a place if a 14 year offence has / is about to / is occurred and you believe that EM is inside and it will be CADD.

Question 7

Section 16

Answer 7

Power to search people in a public place if you believe that a person has on them EM relating to a 14 year offence. Need RGTB

Question 8

Section 17

Answer 8

Power to search a vehicle is you believe EM relating to a 14 year offence is in the vehicle in a PP.

Question 9

Section 18

Answer 9

if you have RGTS an offence against the arms act or a Cat 3/4 offence has is or is about to or EM you may be CADD you may enter any place of vehicle.

Question 10

Section 27

Answer 10

Power to search a person in a public place for an offensive weapon if you have RGTS an offence.

Question 11

Section 28

Answer 11

Power to search a vehicle in a public place for an offensive weapon if you have RGTS an offence.

Question 12

Section 29

Answer 12

Power to search a vehicle for stolen property.
If you have RGTB that stolen property is in a vehicle and its in a public place.
If on property, seek SW

Question 13

Section 83

Answer 13

Power to enter and search a place to locate stolen property.
If you have RGTB that EM may be at an address and you fear CADD you may enter and search it

Question 14

Section 84

Answer 14

If you have arrested a person and have RGTB that EM to that offence is in a vehicle, you may search it.

Question 15

Powers when waiting for a SW

Answer 15

if you believe CADD, you may hold and wait for up to 6 hours to get signed. Section 117

Question 16

in relation to SW, section 118

Answer 16

detaining persons at the address and those who arrive.

Question 17

Section 120 (120 over the limit)

Answer 17

powers to enter and search, freshly pursued. for EM

Question 18

Section 110

Answer 18

Section 110 is your power to seize items. Covers your powers to seize anything that may be lawfully seized.

Question 19

Deciding factors when forcing entry

Answer 19

will it effect the Police party
the occupants
the public.

Question 20

Who may authorise a road block

Answer 20

Senior constable or above.
for up to 24 hours
Remember CIA community impact assessment.

Question 21

Under what powers are you searching vehicles stopped by a road block.

Answer 21

121 if you have grounds to search.

Question 22

Section 128

Answer 22

duty to remain stopped. (128 dont go anywhere mate)

Question 23

Section 9

Answer 23

Power to stop a vehicle.
if you suspect that a person in that vehicle is unlawfully at large or has committed an imprisonable offence.

Note you may search the vehicle for EM if the person arrested may have EM relating to that offence.

Question 24

Section 11

Answer 24

Power to search a person who has been locked up.

Question 25

Section 85 / 86 / 87

Answer 25

These are powers of search after arrest to prevent them harming themselves or you or facilitating their escape
85 is a rub down search
86 if their property
87 is the mouth nose ears

Question 26

Swabbing a person

Answer 26

you may swab them for blood on their skin
swab under finger nails for EM
swab their skin for gunshot residue

Question 27

Section 88

Answer 27

Searching a person after arrest for EM relating to the arrest. Need RGTB.

Question 28

Section 7

Answer 28

Power to entry anyplace or vehicle to arrest a person who is unlawfully at large.