Search & Surveillance Flashcards
Search & Surveillance Section 110:
Power incidental to enter an search places and vehicles.
Only places you are AUTHORISED to enter and search.
Search & Surveillance Section 7:
Entry without warrant to arrest person unlawfully at large.
Search & Surveillance Section 131:
RAIN (RAN + an announced intention to enter and search a place vehicle or other thing)
Search & Surveillance Section 169:
Reporting use of search powers.
When a warrantless power is used.
Search & Surveillance Section 125
- RAN.
- Power to search any person.
- Can detain the person for as long as reasonably necessary to carry out the search.
Search & Surveillance Section 85:
Rub down search of arrested or detained persons.
Ensure not carrying anything that may be used to:
-harm any person.
-facilitate their escape.
Search & Surveillance Section 88:
Warrantless search of arrested or detained persons (evidential material).
May search if have RGTB that the person is carrying:
-evidential material relating to the offence.
-used to harm any person.
-used to facilitate an escape.
Search & Surveillance Section 13:
Property taken from a person locked up in police custody must be returned.
Unless:
-Property may be used as evidence.
Search & Surveillance Section 14:
Warrantless entry to prevent offence or respond to safety of life.
- offence about to be or being committed.
- injury to any person or serious damage to property.
- risk to life/safety of a person.
Search & Surveillance Section 11:
Warrantless search of people who are, or to be, locked up in police custody.
Search & Surveillance Section 8:
Enter, search and arrest the person without warrant
IF you have RGTS a person has committed an impris. offence AND you believe that person is in a place or vehicle AND if entry is not immediate then:
-the person will escape
AND/OR
-CADD will occur
Search & Surveillance Section 27:
- Search any person.
- In a public place.
- Without warrant.
- RGTS committed an offence against 202A(4)(a) Crimes Act 1961.
- –> RAN + 169.
Search & Surveillance Section 28:
Searching vehicles without warrant for offensive weapons.
- RGTS that a person traveling in a. Vehicle has committed an offence against 202(4)(a) Crimes Act 1961.
- –> RAIN + 169.
Search & Surveillance Section 83:
Entry without warrant after arrest.
If you have arrested someone and you RGTB that there is:
-evidential material at that address.
BUT
-if entry is delayed in order to obtain a warrant then CADD will happen.
*vehicle include as part of the property on that address.
Search & Surveillance Section 84:
Warrantless entry and search of vehicle after arrest.
If you have arrested a person and have RGTB that:
-evidential material relating to that offence is in or on a vehicle.
You may:
-enter and search that vehicle for evidential material.
Search & Surveillance Section 15:
Entry without warrant to find and avoid loss off evidential material (serious offences).
If you have RGTS that an offence punishable by imprisonment for a term of 14yrs or more:
- has been committed
- is being committed
- is about to be committed
And you have RGTB that:
-evidential material relating to the offence is in a place
AND
-if entry is delayed to obtain a search warrant then CADD will occur
YOU MAY
-enter and search the place without a warrant
——>RAIN
Search & Surveillance Section 16:
Searching people in a public place without warrant for evidential material relating to offences.
If a person is in a public place and you have RGTB that:
-the person is in possession of evidential material relating to an offence punishable by a term of 14 years or more.
YOU MAY
-search the person without warrant.
——>RAN
Search & Surveillance Section 17:
Warrantless entry an search of a vehicle relating to certain offences.
If a vehicle is in a public place and you have RGTB that:
-evidential material relating to an offence punishable by imprisonment by a term of 14yrs or more is in or on the vehicle
YOU MAY
-enter and search the vehicle without warrant.
Search & Surveillance Section 116:
Securing a place, vehicle or other thing to be searched.
If you are carrying out any search of a place, vehicle or other thing, you may:
- secure the place, vehicle, or other thing being searched
- secure any items found in or on that place, vehicle or other thing
If you believe a person will obstruct or hinder any of the powers above you may:
-exclude any person from that place, vehicle or other thing being searched
——>RAN
Search & Surveillance Section 118:
Powers of detention incidental to powers to search places and vehicles.
If you exercise a search power in relation to a place or vehicle AND you need to determine if there is any connection between a person at the place or in or on the vehicle and the object of the search, the you may:
Detain any person who:
-is in that place or in or on the vehicle at the start of the search
OR
-arrives at the place while the search is being carried out
OR
-stops at, or enters, or tries to enter the place or vehicle while the search is being carried out.
When detaining a person you may:
- detain them for a reasonable period of time
- use reasonable force
Search & Surveillance Section 119:
Powers to search persons at a place or vehicle.
If you exercise a power of search in relation to a place or vehicle you may search any person:
-found at the place or in or on the vehicle
OR
-who arrives at the place
OR
-who stops at, or enters, or tries to enter or get into or onto the vehicle
IF EITHER
-you have RGTB that evidential material that you are searching for is on the person
OR
-you have RGTS that the person has in their possession a dangerous item that poses a threat to safety AND YOU BELIEVE that immediate action is needed to address that threat.
YOU MAY
-search the person
——>RAN
Search & Surveillance Section 29:
Power to search vehicles without warrant for stolen property.
If you have RGTB that:
-any stolen property is in or on any vehicle
YOU MAY
-search the vehicle without warrant
——>RAIN
Search & Surveillance Section 9:
Stopping a vehicle to find persons unlawfully at large or who have committed certain offences.
If you have RGTS a person is:
-unlawfully at large
OR
-has committed an offence punishable by imprisonment
AND
-you have RGTB the person is in or on that vehicle
YOU MAY:
-stop the vehicle without warrant to arrest the person
Search & Surveillance Section 10:
Powers and duties of constable after vehicle stopped.
If you are exercising the stopping power under section 9 you may:
-require any person in or on the vehicle to supply all or any of their name, address and DOB if you have RGTS:
-they are unlawfully at large
OR
-they have committed an offence pun. by impris.
YOU MAY ALSO:
Search the vehicle for persons or evidence if:
-the person has been arrested
OR
-is seen fleeing from the vehicle before they can be arrested
Search & Surveillance Section 121:
Power to stop a vehicle to:
-conduct a warrantless search (if you believe there are grounds for a warrantless search under the S & S Act 2012)
OR
-execute a search warrant
Search & Surveillance Section 112:
If you find or stop a vehicle and you have lawful authority to search the vehicle you may move the vehicle to:
-a safe place to carry out a search
AND/OR
-move the vehicle for safe keeping
Search & Surveillance Section 128:
If you exercise a power to stop or search a vehicle you may require the vehicle to remain stopped for as long as reasonably necessary to exercise any power in relation to:
-the vehicle
OR
-the vehicle occupants
Search & Surveillance Section 129:
If you exercise a power to stop a vehicle you must RAN the driver as soon as you have stopped it.
Search & Surveillance Section 18:
Search any person and/or enter and search any place, vehicle or other thing if you have RGTB that a person is in possession or control of arms and:
-they have breached the Arms Act 1983
OR
-the person is incapable of having proper control of the arms due to their physical or mental condition
OR
-a PO is in force or there are grounds to make an application against a person for a PO
OR
-a PSO is in force against the person
Search & Surveillance Section 20:
If you have RGTB that an offence has, is or is about to be committed against the MODA 1975 and you believe it would not be practicable to obtain a warrant you may:
-enter and search that place or vehicle without warrant
Search & Surveillance Section 21:
If you conduct a search of a place or vehicle under s20 you may:
-search any person found in or on the place or vehicle without warrant
Search & Surveillance Section 22:
If you have RGTB a person has, is or is about to commit an offence against the MODA 1975 you may:
-search the person
