Search & Surveillance 2012 Flashcards
Section 125
Obligations for 85,88,11 & 92
Identify yourself
State the act
Sate the reason
Section 85
Rub-down search of arrested or detained persons.
“To ensure you don’t have anything that may harm any persons or facilitate your escape”
Section 88
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
Section 11
Warrantless search of people who are, or able to be locked up in police custody
Section 11(3)
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
Section 13
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
Section 92
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
Section 93
Advice that must be given before consent
Section 95
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.
Section 96
Exceptions to 92 -95
Section 131
Obligations
State name
State Act
State reason
State intent
Section 169
Complete online notification
except for 85,88,14, 92-95
Section 110
Power incidental to search of place & vehicles
Section 14
Warrantless entry to prevent offences or respond to life and safety
Section 7
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
Section 8
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.
Section 83
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.
Section 84
Warrantless entry and search of vehicle after arrest.
Have reasonable grounds to believe that evidence to the offence is in or on the vehicle.
Section 112
Items if uncertain status may be seized
Section 123
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
Section 29
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.
