Search & Surveillance Flashcards
Section 29
Enter and search a vehicle, in a public place if RGTB stolen property
Section 9
Stop vehicle, arrest a person unlawfully at large or who has committed an offence punishable by imprisonment, if you believe that person to be in/on that vehicle.
Section 10
Vehicle maybe searched for evidence, if stopped under Section 9 and the person is arrested or flees
Section 121
Power to stop a vehicle, to search it with or without a warrant if satisfied that there are grounds for a search
Section 15
(14+ years offence) Enter and search place, offence (has/is/about) to be committed, if RGTB CADD will occur.
Section 16
(14+ years offence) Search a person in a public place, if RGTB person has evidence
Section 17
(14+ years offence) Search vehicle in a public place, if RGTB vehicle contains evidence
Section 20
Enter and search place or vehicle, only when search warrant is impracticable and RGTB CADD will occur.
Section 21
Search any person in a place or vehicle while conducting Section 20 search
Section 22
Search any person in a public place if RGTB that they are in possession of drugs/precursors and that an offence against the Misuse of Drugs Act 1975 has/is being/about to be committed.
Section 18
If you have reasonable grounds to suspect that a person who is carrying arms, or is in possession of them or has under their control and +5 offences
Section 18 - 5+ Offences
- The person is in breach of the Arms Act 1983
- The person, is incapable of having proper control of the arms
- The person, may kill or cause bodily injury to any person
- A protection order is in force against the person under the Domestic Violence Act 1995
- Grounds to make an application against the person for a protection order under the Domestic Violence Act 1995
- A police safety order against the person under the Domestic Violence Act 1995
Section 18 - What can you do?
- Search the person
- Search anything in their possession or under their control (includes vehicle)
- Enter and search a vehicle or place or person in that vehicle or place.
- Seize and detain any arms found
- Seize and detain the persons firearms licence
Section 85
Rub-down search of arrested or detained persons to ensure the person is not carrying anything that may be used to harm any person or facilitate the persons escape
Section 88
Search a person after arrest or statutory detention if you have RGTB that person is carrying anything tat is evidential material, may harm any person or facilitate that persons escape
Section 11
Warrantless search of a person who is or are to be locked up in Police Custody.
Section 13
Property taken from people locked up in custody must be returned unless needed for evidence or it may constitute an offence
Section 83
After being arrested you may enter a place and search for any evidential material related to that offence
Section 84
After being arrested you may search a vehicle for any evidential material related to that offence
Section 7
Entry without warrant to arrest a person unlawfully at large
Section 8
Entry without warrant to avoid loss of offender or evidential material being CADD
Section 14
Warrantless entry to prevent offences or respond to risk to life or safety
Obligations for Section 125
RAN
Reason / Act / Name
Obligations for Section 131 + 110
RAIN
Reason / Act / Intention / Name
Section 116
Searcher may secure place/vehicle/thing searched and if reason to believe a person will hinder that search may exclude any person
Section 118
Searcher may detain any person at, arriving at, a place or vehicle, to establish connection to object of the search
Section 119
Search any person at/arriving/leaving place or vehicle being searched, if RGTB the person has evidence or RGTS has a dangerous item and RGTB immediate action is necessary.
Section 122
If you have grounds to search a vehicle but the location is not practicable, you may move the vehicle to another place
Section 128
Can require a vehicle to remain stopped for as long as necessary if exercising powers in relation to that vehicle or occupants of the vehicle
Section 129
When stopping a vehicle, must be in uniform and produce ID then conduct RAN obligations.
