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DDC > Search & Surveillance > Flashcards

Search & Surveillance Flashcards

1
Q

ENTRY WITHOUT WARRANT TO ARREST PERSON UNLAWFULLY AT LARGE

A

Search and Surveillance Act 2012, Section 7

REASONABLE GROUND TO SUSPECT
A person is unlawfully at large.

REASONABLE GROUNDS TO BELIEVE
The person is in or on the place or vehicle.

POWERS

  • Enter - the place or vehicle without warrant
  • Search - the place or vehicle for the person for the purpose of arresting them

A constable may enter a place or vehicle without warrant to search for and arrest a person if the constable has reasonable grounds

  • to suspect that a person is unlawfully at large; and
  • to believe that the person is there.
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2
Q

ENTRY WITHOUT WARRANT TO AVOID LOSS OF OFFENDER OR EVIDENTIAL MATERIAL

A

Search and Surveillance Act 2012, Section 8

REASONABLE GROUNDS TO SUSPECT
A person has committed an offence punishable by imprisonment and for which they may be arrested without warrant.

REASONABLE GROUNDS TO BELIEVE

  • The person is in or on the place or vehicle, and
  • if entry is not effected immediately:
    • the person will leave there to avoid arrest, or
    • evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered, or damaged.

POWERS

  • Enter - the place or vehicle
  • Search - the place or vehicle for the person for the purpose of arresting them

(1) In the circumstances set out in subsection (2), a constable may
(a) enter a place or vehicle without a warrant; and
(b) search for and arrest a person that the constable suspects has committed the offence.
(2) The circumstances are that the constable has reasonable grounds
(a) to suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrested without warrant; and
(b) to believe that the person is there; and
(c) to believe that, if entry is not effected immediately, either or both of the following may occur:
(i) the person will leave here to avoid arrest
(ii) the evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered, or damaged.

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3
Q

STOPPING A VEHICLE TO FIND PERSONS UNLAWFULLY AT LARGE OR WHO HAVE COMMITTED CERTAIN OFFENCES (IMPRISONABLE OFFENCES)

A

Search and Surveillance Act 2012, Section 9

REASONABLE GROUNDS TO SUSPECT

  • a person is unlawfully at large, or
  • has committed an offence punishable by imprisonment.

REASONABLE GROUNDS TO BELIEVE
The person is in or on the vehicle.

POWERS
Stop - the vehicle for the purpose of arresting that person

A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds

(1) to suspect that a person
(i) is unlawfully at large; or
(ii) has committed an offence punishable by imprisonment; and
(2) to believe that the person is in or on the vehicle

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4
Q

POWERS AND DUTIES OF CONSTABLE AFTER VEHICLE STOPPED

A

Search and Surveillance Act 2012, Section 10

REASONABLE GROUNDS TO SUSPECT

  • A person is unlawfully at large, or
  • has committed an offence punishable by imprisonment.

REASONABLE GROUNDS TO BELIEVE
The person is in or on the vehicle.

POWERS
Require - the person suspected of being unlawfully at large or having committed an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth
Search - the vehicle for the person
Search - the vehicle for evidential material in relation to the offence the vehicle was stopped for if: person arrested or is seen fleeing before they can be arrested

(1) A constable exercising the stopping power under section 9 may do any 1 or more of the following:
(a) require any person in or on the vehicle who the constable has reasonable grounds to suspect is unlawfully at large or has committed an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth:
(b) search the vehicle to locate the person referred to in section 9, if the constable has reasonable grounds to believe that the person is in or on the vehicle:
(c) search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under section 9, if the person referred to in section 9
(i) has been arrested; or
(ii) is seen fleeing from the vehicle before he or she can be arrested.
(2) Before conducting a search under a power conferred by subsection (1)(c), a constable must tell the driver the object of the proposed search, if the driver is not the person referred to in section 9.

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5
Q

ENTRY WITHOUT WARRANT TO FIND AND AVOID LOSS OF EVIDENTIAL MATERIAL RELATING TO CERTAIN OFFENCES

A

Search and Surveillance Act 2012, Section 15

REASONABLE GROUNDS TO SUSPECT
Than an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed.

REASONABLE GROUNDS TO BELIEVE

  • That evidential material relating to the offence is in that place; and
  • that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or damaged.

POWERS
Enter - a place without warrant
Search - the place

A constable may enter and search a place without a warrant if he or she has reasonable grounds

(a) to suspect that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and
(b) to believe
(i) that evidential material relating to the offence is in that place; and
(ii) that, if entry is delayed in order to obtain a search warrant, the evidential mateiral will be destroyed, concealed, altered, or damaged.

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6
Q

SEARCHING PEOPLE IN PUBLIC PLACE WITHOUT WARRANT FOR EVIDENTIAL MATERIAL RELATING TO CERTAIN OFFENCES

A

Search and Surveillance Act 2012, Section 16

REASONABLE GROUNDS TO BELIEVE
Person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more.

POWERS
Search - a person without a warrant in a public place

A constable may search a person without a warrant in a public place if the constable has reasonable grounds to believe that the person is in possession of evidential material relating to an offence punshiable by imprisonment for a term of 14 years or more.

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7
Q

WARRANTLESS ENTRY AND SEARCH OF VEHICLE FOR EVIDENTIAL MATERIAL RELATING TO CERTAIN OFFENCES

A

Search and Surveillance Act 2012, Section 17

REASONABLE GROUNDS TO BELIEVE
That evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle.

POWERS
Enter - a vehicle that is in a public place without warrant
Search - the vehicle

A constable may, without a warrant, enter and search a vehicle that is in a public place if he or she has reasonable grounds to believe that evidential material relating to an offence punshiable by imprisonment for a term of 14 years or more is in or on the vehicle.

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8
Q

WARRANTLESS SEARCHES ASSOCIATED WITH ARMS

possession

A

Search and Surveillance Act 2012, Section 18(1) & 18(2)

REASONABLE GROUNDS TO SUSPECT

  • Is carrying arms, or
  • is in possession of them, or
  • has them under his or her control, AND
  • he or she is in breach of the Arms Act 1983; or
  • he or she, by reason of his or her physical or mental condition,
    (i) is incapable of having proper control of the arms; or
    (ii) may kill or cause bodily injury to any person; or that, under the Domestic Violence Act 1995, (i) a protection order or a police safety order is in force against the person; or (ii) there are grounds to make an application against him or her for a protection order.

POWERS
Search - the person
Search - any thing in the person’s possession or under his or her control (including a vehicle)
Enter - a place or vehicle to carry out any activity under paragraph (a) or (b)
Seize - and detain any arms found
Seize - and detain any licence under the Arms Act 1983 that is found

(1) A constable who has reasonbable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following:
(a) search the person:
(b) search any thing in the person’s possession or under his or her control (including a vehicle):
(c) enter a place or vehicle to carry out any activity under paragraph (a) or (b):
(d) seize and detain any arms found:
(e) seize and detain any licence under the Arms Act 1983 that is found.

(2) The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and
(a) he or she is in breach of the Arms Act 1983; or
(b) he or she, by reason of his or her physical or mental condition (however caused),
(i) is incapable of having proper control of the arms; or
(ii) may kill or cause bodily injury to any person; or
(c) that, under the Domestic Violence Act 1995
(i) a protection order or a police safety order is in force against the person; or
(ii) there are grounds to make an application against him or her for a protection order.

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9
Q

WARRANTLESS SEARCHES ASSOCIATED WITH ARMS

offence committed

A

Search and Surveillance Act 2012, Section 18(3)

REASONABLE GROUNDS TO SUSPECT

  • There are arms in the the place or vehicle, and
  • in respect of which a category 3 offence has been committed, or
  • a category 4 offence has been committed, or
  • an offence against the Arms Act 1983 has been committed, or
  • that may be evidential material in relation to a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983.

POWERS
Enter - the place or vehicle
Search - the place or vehicle
Seize - any arms or any licence under the Arms Act 1983 found there
Detain - the arms or licence if he or she has reasonable grounds

A constable may, without a warrant, enter a place or vehicle, search it, seize any arms or any licence under the Arms Act 1983 found there, and detain the arms or licence if he or she has reasonbable grounds to suspect that there are arms in the place or vehicle

(a) in respect of which a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed; or
(b) that may be evidential mateiral in relation ot a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983.

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10
Q

WARRANTLESS SEARCH OF PLACES AND VEHICLES IN RELATION TO SOME MISUSE OF DRUGS ACT 1975 OFFENCES

A

Search and Surveillance Act 2012, Section 20

REASONABLE GROUNDS TO SUSPECT
In or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.

REASONABLE GROUNDS TO BELIEVE

  • It is impractical to obtain a warrant, and
  • in or on the vehicle or place there is: a controlled drug specified or described in Schedule 1, Part 1 of Schedule 2, Part 1 of Schedule 3 or a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and
  • if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.

POWERS
Enter - the vehicle or place
Search - the vehicle or place

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11
Q

WARRANTLESS SEARCHES OF PEOPLE FOUND IN OR ON PLACES OR VEHICLES (MISUSE OF DRUGS ACT 1975)

A

Search and Surveillance Act 2012, Section 21

A constable conducting a search of a place or vehicle under section 20 may, without a warrant, search any person found in or on the place or vehicle.

POWERS
Search - any person found in or on the place or vehicle.

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12
Q

WARRANTLESS POWER TO SEARCH FOR CONTROLLED DRUGS AND PRECURSOR SUBSTANCES IF OFFENCE SUSPECTED AGAINST MISUSE OF DRUGS ACT 1975

A

Search and Surveillance Act 2012, Section 22

REASONABLE GROUNDS TO SUSPECT
An offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.

REASONABLE GROUNDS TO BELIEVE
A person is in possession of a controlled drug specified or described in Schedule 1, Part 1 of Schedule 2, Part 1 of Schedule 3 or a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975.

POWERS
Search - the person.

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13
Q

SEARCHING PEOPLE IN PUBLIC PLACES WITHOUT SEARCH WARRANT IF OFFENCE AGAINST SECTION 202A(4)(A) OF CRIMES ACT 1961 SUSPECTED

A

Search and Surveillance Act 2012, Section 27

REASONABLE GROUNDS TO SUSPECT
A person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances).

POWERS
Search - the person.

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14
Q

STOPPING AND SEARCHING VEHICLES WITHOUT WARRANT IF OFFENCE AGAINST SECTION 202A OF CRIMES ACT 1961 SUSPECTED

A

Search and Surveillance Act 2012, Section 28

REASONABLE GROUNDS TO SUSPECT

  • A person travelling in the vehicle, or
  • who has alighted from the vehicle
  • is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances); and
  • the vehicle contains a knife, offensive weapon, or disabling substance.

POWERS
Search - the vehicle.

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15
Q

ENTRY WITHOUT WARRANT AFTER ARREST

A

Search and Surveillance Act 2012, Section 83

IF YOU HAVE
Arrested a person for an offence.

REASONABLE GROUNDS TO BELIEVE

  • Evidential material relating to the offence is at a place, and
  • that the evidential material will be destroyed, concealed, altered, or damaged if entry to that place is delayed to obtain a warrant.

POWERS
Enter - the place
Search - the place for the evidential material relating to the offence (whether or not the person was arrested there).

Also allows search of a vehicle at the place.

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16
Q

WARRANTLESS ENTRY AND SEARCH OF VEHICLE AFTER ARREST

A

Search and Surveillance Act 2012, Section 84

IF YOU HAVE
Arrested a person for an offence.

REASONABLE GROUNDS TO BELIEVE
Evidential material relating to the offence for which the person was arrested is in or on a vehicle.

POWERS
Enter - the vehicle.
Search - the vehicle.

Only intended for search of vehicle in a public place.

17
Q

ITEMS OF UNCERTAIN STATUS MAY BE SEIZED

A

Search and Surveillance Act 2012, Section 112

IF YOU ARE
Exercising a search power.

YOU ARE UNCERTAIN

  • Whether any item found may lawfully be seized, and
  • it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search takes place.

POWERS
Remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.

18
Q

SPECIAL POWERS WHERE APPLICATION FOR SEARCH WARRANT PENDING

A

Search and Surveillance Act 2012, Section 117

THE FOLLOWING CIRCUMSTANCES MUST EXIST

  • A search warrant is about to be made, or
  • has been made, and
  • has not yet been granted or refused by an issuing officer, and
  • the officer is present at the place or vehicle that is or is to be the subject of the application.

REASONABLE GROUNDS TO BELIEVE
Evidential material may be destroyed, concealed, altered, damaged, or removed before a decision is taken to grant or refuse the issue of a search warrant.

POWERS
Enter - the place, vehicle, or other thing in respect of which authorisation to enter and search is being sought.
Secure - the place, vehicle, or other thing in respect of which authorisation to enter and search is being sought.
Secure - any item or items found at that place or in or on that vehicle or other thing.
Direct - a person to assist with the entry and securing of the place or vehicle or other thing or the securing of items in it.

POWERS PERMITTED UNTIL THE FIRST OF THE FOLLOWING OCCURS

  • The expiry of 6 hours from when the power is first exercised
  • the warrant is available for execution at that place or vehicle or in respect of that other thing
  • the application for a search warrant is refused.
19
Q

STOPPING VEHICLES WITH OR WITHOUT WARRANT FOR PURPOSES OF SEARCH

A

Search and Surveillance Act 2012, Section 121

WHAT MUST YOU BE SATISFIED?

  • Grounds to search the vehicle exist, or
  • A warrant has been issued and is in force for the vehicle.

POWERS
Stop - the vehicle to conduct the search.

20
Q

SEIZURE OF ITEMS IN PLAIN VIEW

A

Search and Surveillance Act 2012, Section 123

WHAT YOU MUST BE DOING

  • Exercising a search power; or
  • lawfully in any place or in or on a vehicle; or
  • conducting a lawful search of a person, and
  • finds any item in the course of carrying out the search or as a result of observations at the place or in or on the vehicle.

REASONABLE GROUNDS TO BELIEVE
Could have seized the item or items under:
- any search warrant that could have been obtained by him or her under this Act or any other enactment; or
- any other search power exercisable by him or her under this Act or any other enactment.

POWERS
Seize - the item.

21
Q

RESTRICTIONS ON SOME TRESPASS SURVEILLANCE AND USE OF INTERCEPTION DEVICE

A

Search and Surveillance Act 2012, Section 45

WHAT YOU MUST BE DOING
Obtaining evidential material in relation to an offence:
- punishable by a term of imprisonment of 7 years or more, or
- against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983.

POWERS
Undertake - trespass surveillance.
Use - an interception device.

22
Q

ACTIVITIES FOR WHICH SURVEILLANCE DEVICE WARRANT REQUIRED

A

Search and Surveillance Act 2012, Section 46

SECTION 46(E) WHAT CAN YOU DO WITHOUT A SURVEILLANCE DEVICE WARRANT?

  • Observe private activity without the use of a surveillance device from public areas.
  • Observe private activity in the curtilage of private premises by means of a surveillance device; for a single investigation, or a connected series of investigations, for a period of observation that does not exceed: 3 hours in any 24-hour period; or 8 hours in total.
23
Q

SOME ACTIVITIES THAT DO NOT REQUIRE WARRANT UNDER THIS SUBPART

A

Search and Surveillance Act 2012, Section 47

SECTION 47(1)(A) WHEN A WARRANT IS NOT REQUIRED
When you are lawfully in private premises, and recording what he or she observes or hears there without the use of a surveillance device.
SECTION 47(1)(B) WHEN A WARRANT IS NOT REQUIRED
Conducting an audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them.

DDC (24 decks)

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