Search & Surveillance

Question 1

Section 125

Answer 1

Obligations to state RAN (Reason, Act, Name)

Question 2

Section 85

Answer 2

Rub-down Search after Detain/Arrest to search for anything that can harm any person or facilitate their escape.

Question 3

Section 88

Answer 3

Rub-down Search after Detain/Arrest to search for anything that can harm any person or facilitate their escape AND for Evidential Material

Question 4

Section 92

Answer 4

Consent search (to prevent offence, investigate an offence, protect life/property, prevent harm/injury)

Question 5

Section 93

Answer 5

Advise given before consent search (determine if it is a reason set out in Section 92)
-Advise reason
-Advise they may consent or not consent and withdraw their consent at any time.

Question 6

Section 94

Answer 6

Unlawful Consent Search if not for a purpose set out in 92, fails to give advice as per section 93 or consent given by person who does not have authority.

Question 7

Section 95

Answer 7

Persons under 14 years are unable to consent to the search of a vehicle or place UNLESS they are driving alone.

Question 8

Section 11

Answer 8

Custody Search - Money+property taken for safekeeping and anything that may harm any person.

Question 9

Section 13

Answer 9

Return of property when released UNLESS it may be used to give as evidence in court or the property constitutes an offence.

Question 10

Section 131

Answer 10

Obligations to state RAIN (Reason, Act, Intent, Name)

Question 11

Section 110

Answer 11

Powers incidental to searching - Buster
Bring and use stuff
Use assistance
Seize stuff
Take stuff
Enter and search
Reasonable force on property

Question 12

Section 14

Answer 12

Emergency entry powers - To prevent offences or Respond to risk to Life/Safety

Question 13

Section 169

Answer 13

Reporting the use of powers

Question 14

Section 7

Answer 14

Warrantless entry power to arrest person unlawfully at large. Need to suspect a person is unlawfully at large AND believe that the person is in a vehicle or place.

Question 15

Section 8

Answer 15

Warrantless entry power to avoid loss of offender or evidential material from being CADD. RGTS committed an offence & RGTB is in a vehicle or place.

Question 16

Section 28

Answer 16

Warrantless power to search a vehicle for offensive weapons in a public place. RGTS.

Question 17

Section 29

Answer 17

Warrantless power to search a vehicle for stolen property in a public place. RGTB

Question 18

Section 83

Answer 18

Warrantless power to enter and search a place, after K9 to prevent evidential material from being CADD.

Question 19

Section 84

Answer 19

Warrantless power to enter and search a vehicle, after K9 to prevent evidential material from being CADD.

Question 20

Section 129

Answer 20

Obligations to state RAN (reason, intent, name)

Question 21

Section 9

Answer 21

Power to stop vehicle to find a person unlawfully at large OR find person that has committed an imprisonable offence.

Question 22

Section 123

Answer 22

Seizure of items in plain view while executing a search if lawfully.

Question 23

Section 112

Answer 23

Items of uncertain status may be seized for examination.

Question 24

Section 10

Answer 24

Power once vehicle is stopped (S9) if you have RGTS any person is unlawfully at large or has committed an imprisonable offence we can:
-Demand details
-Search for the person
-Search for EM if K9 flees from car

Question 25

Section 121 (1) & (2)

Answer 25

1= Warrantless power to stop and search vehicle (satisfied there are grounds to conduct search).
2= Stop and search vehicle WITH warrant.

Question 26

Section 122

Answer 26

Moving a vehicle for the purpose of a search if it is impractible to do it at the place or if you believe it is necessary for safekeeping.

Question 27

Section 128

Answer 27

Duty to remain stopped - as long as reasonably necessary.

Question 28

Section 30

Answer 28

Obtaining authorization for a warrantless roadblock by a sergeant or above if they have RGTB that in a vehicle is a person he has RGTS is:
-Unlawfully at large or committed imprisonable offence AND
-Will travel past that road AND
-Is satisfied with the safety of the public

Question 29

Section 32

Answer 29

Establish warrantless authorized roadblock
-Establish roadblock
-Require detail
-Search for person Unlawfully at large or committed imprisonable offence.

Question 30

Section 15

Answer 30

Power to enter a place to find and avoid loss of EM.
-RGTS an offence punishable by 14+year imprisonment has/is/about to be committed AND RGTB that EM related to that offence is in a place AND if entry is delayed to obtain a search warrant the EM will be CADD.

Question 31

Section 16

Answer 31

Powers to conduct a warrantless search of people in a PP if you have RGTB that the person is in possession of EM relating to 14+ year offences.

Question 32

Section 17

Answer 32

Warrantless entry and search of a vehicle for EM if the vehicle is in a PP and you have RGTB that EM relating to an 14+ year offence is in the vehicle.

Question 33

Section 116

Answer 33

Securing place, vehicle or thing to be searched. When carrying out a search you may (in a reasonable manner and duration):
-Secure the place, vehicle or other thing OR any area OR anything found in that place/vehicle/thing
-Exclude any person you believe will hinder/obstruct the search (RAN if requested).

Question 34

Section 118

Answer 34

Powers of detention incidental to powers to search places and vehicles.
You may detain any person that is found/arrives/stops at or enters the place/vehicle to determine if there is any connection between that person and the object of the search. Detain = BOR

Question 35

Section 119

Answer 35

Powers of search persons at place or vehicle if we have RGTB that EM relating to the search is on the person or RGTS that the person has in their possession a dangerous item that poses a threat to safety AND believe immediate action is needed to address that threat.