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5 December 2023 > Search & Surveillance > Flashcards

Search & Surveillance Flashcards

1
Q

What is reasonable grounds for belief?

A

Having a sound basis for believing that a situation or circumstance actually exists

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2
Q

Sec 8 - Entry to avoid loss of offender or evidential material. what must exist and Police action you can do?

A
  • RGTS imprisonable offence has been committed and
  • beleive person in place or vehicle and
  • beleive if entry not effected immediately person will leave to avoid arrest or evidential material will be CADD

You may:

  • enter and search place or vehicle without warrant and arrest person for offence
  • can’t search for evidential material unless person is arrested
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3
Q

Section 14 - Emergency Powers

A

Enter place or vehicle and take any action as reasonably necessary if:

  • offence is being or about to be committed that would likely cause injury to any person or serious loss / damage to property or
  • there is risk to the life or safety of any person
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4
Q

Sec 15 - Search place for evidential material - 14 year offence

A
  • RGTS 14yr imprisonable offence has, is, or will be committed
  • RGTB evidential material is in a place and will be CADD

You may enter and search a place to find evidential material.

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5
Q

Sec 17 - S and S 2012

A

RGTB evidential material relating to a 14yr imprisonable offence is in or on a vehicle or public place, you may enter an search that vehicle without warrant.

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6
Q

What is Section 83 and 84?

A
  • Person has been arrested for an offence
  • RGTB evidential material is in or on a place (Section 83) or vehicle (Section 84)
  • Delay in getting warrant would cause evidential material to be CADD

Can enter and search place or vehicle for evidential material relating to that offence even if the person wasnt arrested there.

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7
Q

s119 SASA allows what?

A

When executing search on a place or vehicle you may search any person found at, arrives, stops or enters that place if:

-RGTB evidential material on that person
- RGTS person in possession of dangerous items posing threat to safety and believe immediate action is needed.

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8
Q

Sec 117 - Secure scene. What is the maximum time frame allowed to hold a scene before a warrant can be obtained?

A

Secure scene while search warrant is pending up to 6 hrs from when power is first exercised.

Not a search power.

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9
Q

What obligations must you do before entering a place/vehicle for the purpose of carrying out a search?

A

RAIN (reason, act, intention, name)

If not in uniform, produce evidence of ID

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10
Q

When do you NOT have to announce entry or give reasons for the search?

A
  • no person lawfully present
  • compliance would endanger the safety of any person or
  • prejudicial to the exercise of the entry or the ongoing investigation
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11
Q

How old does a person need to be to be treated as an occupier or person in charge?

A

14 years or older.

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12
Q

What is curtilage?

A

An area of land attached to a dwelling house and forming one enclosure with it.

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13
Q

If you stop a vehicle using Sec 9, who can you require give you their particulars?

A

You can require the particulars from persons in the vehicle whom you suspect are unlawfully at large or have committed an offence.

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14
Q

Who can establish a road block and under what grounds?

A

Sergeant or above (includes acting sergeant)

  • RGTB person in a vehicle is unlawfully at large or committed imprisonable offence
  • suspect vehicle will pass where road block is
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15
Q

Sec 18 - People in possession of arms definitions

A
  • RGTS person carrying or in possession of arms and
  • breaching arms act or
  • due to physical or mental condition, incapable of having proper control or may kill or cause bodily injury to any person or
  • have PO or PSO in place

you may:

Search person and anything in their possession or control includes vehicles and seize any arms found.

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16
Q

Sec 18(3) - searches for arms in places or vehicles

A
  • RGTS arms in any place or vehicle and
  • Cat 3 of 4 offence against arms act has is or will be comitted or
  • evidence relating to such offences

Enter and search place or vehicle and seize and detain any arms or licence found there under the arms act.

17
Q

Sec 11 - When can you search a person after they have arrested?

A
  • if they werent searched before arrest
  • RGTB they are in possession of something that may be used to harm themselves or others
  • before or during arrest were in close proximity to a person who wasnt arrested or not searched.
18
Q

Sec 85 - What is the purpose of a rub down search?

A

To ensure a person who has been arrested or detained is not carrying anything that may be used to harm themselves or any person or facilitate escape.

19
Q

What does S88 of S and S entitle you to do?

A

Search and person who has been arrested under statutory power and RGTB the person is carrying anything that:

  • may be used to harm any person
  • may be used to facilitate the person’s escape
  • is evidential material relating to the offence for which the person is arrested or detained for
20
Q

What are some examples of when samples from a person’s body may be seized as evidential material pursuant to a Sec 88 search?

A
  • swabs to remove blood on the arrested person
  • fingernail scrapings
  • penile swab

Search must be lawful, reasonable and approved by a Sergeant or above

21
Q

Section 28 - searching vehicles for offensive weapons

A
  • RGTS person committed offence against 202A travelling in vehicle or has just left a vehicle and
  • Vehicle contains knife, offensive weapon or disabling substance
  • you may search the vehicle
22
Q

Section 29 - searching vehicles for stolen property

A
  • RGTB stolen propery is in or on vehicle
  • vehicle is in a public place
  • you may search the vehicle
23
Q

What you must say prior to a consent search:

A
  • reason for the search
  • may consent or refuse to consent at any time

Person under 14 can consent to search of themselves or anything in their possession but cannot consent to search of vehicle, place or thing.

24
Q

Section 120 SAS - powers of search when suspect pursued

A

If you intend to search a person or vehicle, but that person or vehicle leaves before you are able to start or complete the search you may:

  • apprehend person
  • enter any place to find them
  • if freshly pursued
  • RGTB evidential material is still on person or in vehicle
25
Q

Section 27 - search of people with offensive weapons

A

You may search a person if you have reasonable grounds to suspect the person has an offensive weapon

26
Q

Sec 123 SAS - Seizure of items in plain view

A

If you are exercising a search power or are lawfully in a place as part of your duties, you may seize anything, if you have reasonable grounds to believe you could have seized the item under:

  • any search warrant obtained under the S & S Act
  • any other search power exercisable by you under the S & S Act or any other Act
27
Q

S and S Section 112 - items of uncertain status

A

If you are not certain if something can be seized and it is not practicable to determine that where the search takes place, you may;

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

29
Q

Searches conducted of vehicle or thing when person isn’t there;

A

Leave a notice at the place or vehicle a copy of the warrant and attached privilege information OR

If a warrantless search, a copy of notice to person not present during warrantless search.

30
Q

Section 31 - duration and record of road block

A
  • Initially valid for up to 24 hours
  • Can be renewed by DC Judge for further 24 hours
  • Keep record of location, time period and and grounds for authorisation
31
Q

In carrying out a consent search what may you extend the search to?

A
  • any item that the person is wearing or carrying or
  • is in the persons physical position or immediate control provided the person consents to these items being searched
32
Q

When using assistant to assist you to exercise a search power or condition of a warrant they are in your control.

If they are not another Constable what 2 things must you do?

A
  • accompany them when they first enter the place, vehicle, or other thing to be searched, and
  • provide reasonable supervision of them
33
Q

When determining a connection under s118 S and S, When must this be done?

A

You must take active steps to determine if there is a connection between them and the search.

You cannot detain a person for the duration of the search and then consider the matter of connection.

34
Q

When you are carrying out a search what powers does section 116 of S and S give an officer?

If requested by a person affected by the search what must you do?

A
  • secure the place, vehicle, or other thing searched or any area within the scene or anything found within the scene
  • exclude any person from the area or scene or give them any other reasonable direction if you have reasonable grounds to believe they will obstruct or hinder you.
  • ID yourself by name or QID
  • State the enactment under which the search is conducted and reason for the search (unless impracticable)
  • If not in uniform produce evidence of your identity
35
Q

When items are seized what is the obligation by police to give the owners of the things that are seized?

What is the timeframe in which the notice must be given?

A
  • copy of search warrant or
  • for warrentless search notice of enactment used
  • list of items seized
  • within 7 days of search
36
Q

Section 121 - S and S 2012

A

Power to stop and search vehicle without a warrant if grounds to search exist or with a warrant once issued and in force.

37
Q

If you find or stop a vehicle, Can you move that vehicle to another place?

A

Yes - if you have found or stopped the vehicle and you have lawful authority to search the vehicle but is impracticable do so at that place, or you have reasonable grounds to believe it is necessary to move the vehicle for safekeeping. (s122)

38
Q

What does s 128 S and S gives the officer powers to do?

A

Require the vehicle to remain stopped for the exercise of any powers in respect of the vehicle or the occupants in the vehicle

39
Q

What are your powers under S10 after the vehicle is stopped under section 9?

A
  • Require any person to supply name address contact details and DOB.
  • search a vehicle to locate the person if RGTB they are in or on vehicle
  • search the vehicle to locate evidential material in relation to any offence for which the vehicle is stopped

5 December 2023 (13 decks)

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