Search & Surveillance Flashcards
Section 125
Obligations to state RAN (Reason, Act, Name)
Section 85
Rub-down Search after Detain/Arrest to search for anything that can harm any person or facilitate their escape.
Section 88
Rub-down Search after Detain/Arrest to search for anything that can harm any person or facilitate their escape AND for Evidential Material
Section 92
Consent search (to prevent offence, investigate an offence, protect life/property, prevent harm/injury)
Section 93
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.
Section 94
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.
Section 95
Persons under 14 years are unable to consent to the search of a vehicle or place UNLESS they are driving alone.
Section 11
Custody Search - Money+property taken for safekeeping and anything that may harm any person.
Section 13
Return of property when released UNLESS it may be used to give as evidence in court or the property constitutes an offence.
Section 131
Obligations to state RAIN (Reason, Act, Intent, Name)
Section 110
Powers incidental to searching - Buster
Bring and use stuff
Use assistance
Seize stuff
Take stuff
Enter and search
Reasonable force on property
Section 14
Emergency entry powers - To prevent offences or Respond to risk to Life/Safety
Section 169
Reporting the use of powers
Section 7
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.
Section 8
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.
Section 28
Warrantless power to search a vehicle for offensive weapons in a public place. RGTS.
Section 29
Warrantless power to search a vehicle for stolen property in a public place. RGTB
Section 83
Warrantless power to enter and search a place, after K9 to prevent evidential material from being CADD.
Section 84
Warrantless power to enter and search a vehicle, after K9 to prevent evidential material from being CADD.
Section 129
Obligations to state RAN (reason, intent, name)
Section 9
Power to stop vehicle to find a person unlawfully at large OR find person that has committed an imprisonable offence.
Section 123
Seizure of items in plain view while executing a search if lawfully.
Section 112
Items of uncertain status may be seized for examination.
Section 10
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
Section 121 (1) & (2)
1= Warrantless power to stop and search vehicle (satisfied there are grounds to conduct search).
2= Stop and search vehicle WITH warrant.
Section 122
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.
Section 128
Duty to remain stopped - as long as reasonably necessary.
Section 30
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
Section 32
Establish warrantless authorized roadblock
-Establish roadblock
-Require detail
-Search for person Unlawfully at large or committed imprisonable offence.
Section 15
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.
Section 16
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.
Section 17
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.
Section 116
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).
Section 118
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
Section 119
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.
