Search & Surveillance Flashcards
What is reasonable grounds for belief?
Having a sound basis for believing that a situation or circumstance actually exists
Sec 8 - Entry to avoid loss of offender or evidential material. what must exist and Police action you can do?
- 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
Section 14 - Emergency Powers
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
Sec 15 - Search place for evidential material - 14 year offence
- 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.
Sec 17 - S and S 2012
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.
What is Section 83 and 84?
- 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.
s119 SASA allows what?
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.
Sec 117 - Secure scene. What is the maximum time frame allowed to hold a scene before a warrant can be obtained?
Secure scene while search warrant is pending up to 6 hrs from when power is first exercised.
Not a search power.
What obligations must you do before entering a place/vehicle for the purpose of carrying out a search?
RAIN (reason, act, intention, name)
If not in uniform, produce evidence of ID
When do you NOT have to announce entry or give reasons for the search?
- no person lawfully present
- compliance would endanger the safety of any person or
- prejudicial to the exercise of the entry or the ongoing investigation
How old does a person need to be to be treated as an occupier or person in charge?
14 years or older.
What is curtilage?
An area of land attached to a dwelling house and forming one enclosure with it.
If you stop a vehicle using Sec 9, who can you require give you their particulars?
You can require the particulars from persons in the vehicle whom you suspect are unlawfully at large or have committed an offence.
Who can establish a road block and under what grounds?
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
Sec 18 - People in possession of arms definitions
- 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.
Sec 18(3) - searches for arms in places or vehicles
- 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.
Sec 11 - When can you search a person after they have arrested?
- 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.
Sec 85 - What is the purpose of a rub down search?
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.
What does S88 of S and S entitle you to do?
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
What are some examples of when samples from a person’s body may be seized as evidential material pursuant to a Sec 88 search?
- swabs to remove blood on the arrested person
- fingernail scrapings
- penile swab
Search must be lawful, reasonable and approved by a Sergeant or above
Section 28 - searching vehicles for offensive weapons
- 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
Section 29 - searching vehicles for stolen property
- RGTB stolen propery is in or on vehicle
- vehicle is in a public place
- you may search the vehicle
What you must say prior to a consent search:
- 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.
Section 120 SAS - powers of search when suspect pursued
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
