Search & Surveilance

Question 1

Reasons for searching

Answer 1

DICED

Damage- any article that is likely to damage police property

Injury- any article that could be used to injure the arrested person, member of police, or any other person

Corroborative evidence- any article that may be used as evidence to prove an offence with which the person is to be charged

Escape- any weapons or articles likely to be used to effect an escape

Safe custody- we have a duty to safe guard all the property of prisoners who are incapable of protecting their own property while in custody

Question 2

Basic search method

Answer 2

Safe- your search is appropriate for the size and demeanour of the person being searched- always consider your own safety

Controlled- you have control of the person being searched. This may need to be by the way of physical control but can also be achieved through communication

Thorough- the search is sufficiently thorough to recover any evidential items or anything capable of being used to render harm to the person being searched or any other persons or property

Question 3

Search & surveillance Act 2012, s11

Answer 3

Search anyone in custody

Question 4

Search & surveillance Act 2012 s12

Answer 4

Search obligations to RAN

Reason
Act
Name

Question 5

Search & surveillance Act s85

Answer 5

Police powers to search prisoners following an arrest:

Anything which could harm any person or facilitate an escape

Question 6

Search &surveillance Act s88

Answer 6

Police powers to search prisoners following an arrest :

For evidential material if it is on the person

Question 7

Search and surveillance Act s14

Answer 7

Police powers to enter places/ vehicles to prevent offences or respond to risk to life or safety

E.g
Family harm
Suicide
Natural disaster

Question 8

Search and surveillance Act 2012 s 7

Answer 8

Permit police to enter places/ vehicle to arrest if someone is lawfully at large

Question 9

Search & surveillance Act 2012 s83

Answer 9

Police power to enter a place when you believe evidential material is inside

Question 10

Search & surveillance Act 2012 s84

Answer 10

Allows police to search any vehicle to search for evidential material

Question 11

Search and surveillance Act s110

Answer 11

(C)- use reasonable force in respect to any property for the purpose of carrying out the search

(D)- seize anything that is the subject of the search or anything else that may be lawfully seizes

Question 12

Search & Surveilance Act 2012 s123

Answer 12

Seizure of items in plain view.

If searching for a person can look anywhere they could fit (cupboard)

Question 13

Section 121 (1)

Answer 13

Stopping vehicles without warrant

Question 14

Section 121(2)

Answer 14

Stopping vehicles with warrant

Question 15

What sections relate to road block?

Answer 15

Road block powers (stop, search, demand details)
Sec 32

Obtaining authorisation for road block
Sec 30

Question 16

Section 9

Answer 16

Stop vehicles to find people unlawfully at large (power to stop vehicle and search)

Question 17

Section 10

Answer 17

Power and duties after vehicle stopped.

Question 18

Section 128

Answer 18

Duty to remain stopped

Question 19

Section 122

Answer 19

Move vehicles for something or safety

Question 20

Section 129

Answer 20

Duty to provide information to driver (RAIN)

Question 21

Search and Surveillance s27

Answer 21

Powers to search people for an offensive weapon ONLY in a public place under 202A(4)(a)

Question 22

Search and Surveillance section 28

Answer 22

Warentless powers to search vehicles if you suspect an offence against 202A(4)(a)

Question 23

Search and surveillance Act section 125

Answer 23

RAN when searching people

Question 24

Search and surveillance section 129

Answer 24

Vehicle RAN

Question 25

Section 8

Answer 25

Power to enter to prevent lose of evidential material/ offender