Search Powers

Question 1

S. 21 LEPRA Power to stop, search, detain person and seize things without a warrant (PAID)

Answer 1

PO can search if they suspect on reasonable grounds that the person has:

P - Proohibited drug or plant
A - Anything stolen or unlawfully obtained
I - Inteded to be used/connected with a relevant offence
D - Dangerous article in a public place or used/connected with relevant offence.

Question 2

S. 21 LERPA

Answer 2

Power to stop, search, detain person and seize things without a warrant

Question 3

S. 22 LEPRA Power to seize and detain dangerous articles on premises

Answer 3

PO who is lawfully on premises may seize and detain dangerous articles PO finds in the premisies if the PO suspects on reasonable grounds that the dangerous article is being used, was being used or in connection with the commission of a relevant offence.

Question 4

S. 22 LEPRA

Answer 4

Power to seize and detain dangerous articles on premises

Question 5

S. 23 LEPRA Power to search persons for dangerous implements without warrant in public places and schools

Answer 5

(1) PO may, without a warrant, stop, search seize and detain a person and anything in their possesion if the PO suspects on reasonable grounds that the person has a dangerous implement unlawfully in the person’s possession or under the persons control.
(2) If it is a student at a school the PO may search locker and bag.
(3) If it is in an area of high-incident crime this can be taken into account when forming suspicion.
(4) Student may nominate responsible adult to supervise.

Question 6

S. 23 LEPRA

Answer 6

Power to search persons for dangerous implements without warrant in public places and schools

Question 7

S. 27 LEPRA

Answer 7

Power to carry out search on arrest

Question 8

S. 27 LEPRA Power to carry out search on arrest

Answer 8

Person under arrest may be searched if the PO suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything:

a) that would present a danger to that person
b) that would be used to assist a person to escape from lawful custody
c) that is a thing with respect to which an offence has been committed
d) that is a thing that will provide evidence of the commission of an offence
e) that was used, or is inteded to be used, in or in connection with the commision of an offence.

Question 9

S. 28A LEPRA

Answer 9

Power to carry out search of person in lawful custody after arrest

Question 10

S. 31 LERPA

Answer 10

Strip searches

Question 11

S. 31 LERPA Strip searches

Answer 11

PO may carry out strip search if they have reasonable suspicion the strip search is necessary and that the seriousness and urgency of the circumstances make the strip search necessary.

Question 12

S. 32 LEPRA

Answer 12

Preservation of privacty and dignity during search

Question 13

S. 32 LERPA Preservation of privacty and dignity during search

Answer 13

PO must:

• Request cooperation
• Offer privacy
• Conduct least invasive search for the circumstances
• Explain whether any clothing will need to be removed and why

Question 14

S. 33 LEPRA

Answer 14

Rules of conducct for strip search

Question 15

S. 33 Rules of conduct for strip search

Answer 15

PO must comply with the following:

• Must not be conducted in a private area
• Not to be conducted in view of opposite sex
• Not be conducted in view of someone who is not meant to be there
• May be conducted in view of parent/guardian
• Any intellectually impaired person or children over 10 and under 18 must have a parent/guardian or other nominated present during the search

Question 16

PO may search without guardian if PO suspects:

2

Answer 16

• The person is delaying to conceal or destroy evidence

- To protect the immediate safety of the person

Question 17

S. 34 LEPRA

Answer 17

No strip searches of children less than 10 years of age

Question 18

S. 36 LEPRA

Answer 18

Power to search vehicles and seize things without warrant

Question 19

S. 36 LEPRA Power to search vehicles and seize things without warrant (SOOAPS)

Answer 19

S - In possession of anything stolen/unlawfully obtained
O - In possession of anything intended to be used/connected with a relevant offence
O - Previously/currently/may have been used in connection with a relevant offence
A - In possession of a dangerous article
P - In possession of a prohibited drug
S - Give rise to a serious public safety and a search lessens the risk

Question 20

S. 39 LEPRA

Answer 20

Failure to comply with directions