Search Sections

Question 1

Section 7

Answer 1

Entry without warrant place or vehicle to arrest person unlawfully at large.
Must have reasonable grounds to suspect the person is unlawfully at large and believe the person is there.

Question 2

Section 8

Answer 2

Entry to place or vehicle without warrant to avoid loss of offender of evidential material
- must suspect offender committed offence punishable by imprisonment.
- must believe that they are there.
- if entry not effected immediately the person will leave or CADDs of EM.

Question 3

Section 83

Answer 3

Entry to place without warrant to search for evidential material after arrest if RGTB CADDs if entry delayed to obtain a SW.

Question 4

Section 84

Answer 4

Entry to vehicle without warrant to search for evidential material after arrest if RGTB CADDs if entry delayed to obtain a SW.

Question 5

Section 121

Answer 5

power to stop a vehicle if you intend to search it under a SW or Warrantless power.

Question 6

Section 127

Answer 6

Enter any place if you have RGTB a vehicle that is the target of a SW is there. Must still comply with 131 obligations when entering the place.

Question 7

Section 19

Answer 7

If a SW is issued for an offence under the Misuse of drugs act 1975 you can search any person in the place or vehicle.

Question 8

Section 121

Answer 8

Powers to stop a vehicle if you have authority to search it by a SW or warrant less power.

Question 9

Section 127

Answer 9

Entry into any place to carry out a SW on a vehicle if you have RGTB it is there.
Must comply with section 131 obligations to occupants of the place.

Question 10

Section 123

Answer 10

Items in plan view: If exercising a SW or lawfully in a place you can seize anything you have RGTB could be seized under any SW or other power.

Question 11

Section 117

Answer 11

Power to hold and secure a place or vehicle while a SW is pending.
Must do section 131 obligations.
Hold up to 6 hours or SW approved or rejected.

Question 12

Section 112

Answer 12

Items of uncertain status

Question 13

Section 9?

Answer 13

Stop vehicle to arrest person unlawfully at large or who has committed an offence punishable by imprisonment.

Question 14

Section 30?

Answer 14

Powers to create a roadblock 3R to arrest person unlawfully at large or imprisonable offence.

Question 15

Section 14?

Answer 15

Enter place or vehicle and take any action to prevent serious offence or as emergency response to risk to life of safety.

Question 16

Section 120?

Answer 16

Fresh pursuit of person or vehicle that leaves before search complete. May enter place or vehicle to apprehend person.

Question 17

Section 10?

Answer 17

Vehicle can be searched for evidence if stopped under section 9, unlawfully at large, and person flees or is arrested.

Question 18

Section 116?

Answer 18

Power to secure the place or vehicle to be search and exclude any person if RGTB they will hinder the search.

Question 19

Section 117?

Answer 19

Power to secure the scene until a SW can be gained, up to 6 hours or SW approved or rejected.

Question 20

Section 118?

Answer 20

Detaining any person at the search scene or arriving at the scene to determine their connection to the object of the search.

Question 21

Section 119?

Answer 21

Power to search any person at or arriving at a scene if RGTB they have evidence of have a dangerous item and immediate action is necessary.

Question 22

Section 169?

Answer 22

Obligation to notify Police commissioner with any warrantless search or entry (other than custody searches or entry powers that do not include searching such as 14)

Question 23

Section 18?

Answer 23

Search place, person or vehicle to search for firearms. If breach of the arms act 1983, incapable of proper control or subjected to a PO or PSO.

Question 24

Section 20?

Answer 24

Enter and search place or vehicle for drugs if RGTb CADDs.

Question 25

Section 21?

Answer 25

Search person in a place of vehicle when conducting a section 20 search for drugs.

Question 26

Section 22?

Answer 26

Search person in a public place if RGTB they are committing drug offences.

Question 27

Section 27?

Answer 27

Search person in public place for offensive weapons.

Question 28

Section 28?

Answer 28

Enter and search vehicle in a public place for offensive weapons.

Question 29

Section 29?

Answer 29

Searching vehicle in a public place for stolen goods.

Question 30

Section 122?

Answer 30

Moving vehicle for search/ safekeeping.