Search & Surveillance 2012

Question 1

Section 125

Answer 1

Obligations for 85,88,11 & 92
Identify yourself
State the act
Sate the reason

Question 2

Section 85

Answer 2

Rub-down search of arrested or detained persons.
“To ensure you don’t have anything that may harm any persons or facilitate your escape”

Question 3

Section 88

Answer 3

Warrantless search of arrested or detained persons for evidential material.

You may search a person if you have reasonable grounds to believe the person is carrying anything that:
is evidence to the offence in respect of the arrest made

Question 4

Section 11

Answer 4

Warrantless search of people who are, or able to be locked up in police custody

Question 5

Section 11(3)

Answer 5

Search a person in lawful custody if you reasonably suspect that they have been close to another person who has not been locked-up or locked up but not searched

Question 6

Section 13

Answer 6

Property taken from people locked-up. Money or property taken from a person under s11 must be returned when the person is released from custody, unless;
- Evidence or is an offence to have in possession

Question 7

Section 92

Answer 7

Purpose for which consent search may be undertaken;
- prevent an offence
- Investigate if an offence has been committed
- Protect life or property
- Prevent injury or harm

Question 8

Section 93

Answer 8

Advice that must be given before consent

Question 9

Section 95

Answer 9

Ability for person under 14 to consent to searches of places, vehicle or things. Unable to consent to searches, unless;
-can consent if there is no passenger over 14 who has authority or is able to consent.

Question 10

Section 96

Answer 10

Exceptions to 92 -95

Question 11

Section 131

Answer 11

Obligations
State name
State Act
State reason
State intent

Question 12

Section 169

Answer 12

Complete online notification
except for 85,88,14, 92-95

Question 13

Section 110

Answer 13

Power incidental to search of place & vehicles

Question 14

Section 14

Answer 14

Warrantless entry to prevent offences or respond to life and safety

Question 15

Section 7

Answer 15

Entry without warrant to arrest person unlawfully at large.
`
If you have reasonable grounds to suspect that a person is unlawfully at large AND to believe that the person is in a place or vehicle

Question 16

Section 8

Answer 16

Entry without warrant to avoid loss of offender or evidential material .

If you have reasonable grounds to; suspect that a person has committed an offence punishable by imprisonment for which they may be arrested
AND
believe that the person is in the place/vehicle
AND
believe if entry is not effected immediately, either;
- person may leave
- evidential material relating to the offence concealed, altered, damaged or destroyed.

Question 17

Section 83

Answer 17

Entry without warrant after arrest

Have reasonable grounds to believe that; evidential material relating to the offence is at the place
AND
Entry is delayed the evidence will be concealed, altered, damaged or destroyed.

Question 18

Section 84

Answer 18

Warrantless entry and search of vehicle after arrest.

Have reasonable grounds to believe that evidence to the offence is in or on the vehicle.

Question 19

Section 112

Answer 19

Items if uncertain status may be seized

Question 20

Section 123

Answer 20

Seizure of items in plan view
May seize any item you find;
in the course of carrying the search or
as a result of observation at that place or in/on vehicle

Question 21

Section 29

Answer 21

Power to search vehicles without warrant for stolen property
If you have reasonable grounds to believe that any stolen property is in/on the vehicle.