Search & Surveillance 2012

Question 1

s7

Answer 1

“Warrantless power of entry unlawfully at large
R.G.T.S. the person is at large
R.G.T.B the person is in the place or vehicle “

Question 2

s8

Answer 2

“Warrentless Entry avoid loss offender/evidence
R.G.T.S. Committed an imprisionable offence
R.G.T.S. Evidential material CADD”

Question 3

s9

Answer 3

Stopping A Vehicle / Person Unlawfully at large
R.G.T.S. person unlawfully at large
R.G.T.S. person committed an offence imprisonment

Question 4

s10

Answer 4

Powers of Duties of Constable/Vehicle stop
Suspect person in vehicle unlawfully at large details
R.G.T.B. that person is in vehicle/Search
Can search vehicle for evidential material if person arrested or Seen fleeing from the vehicle
__________________________________________
1-Can demand details x 3
2-Search vehicle for the person
3-Search vehicle for e.m.

Question 5

s11

Answer 5

Warrentless search for people who are ““Locked up””.
Before lock up close proximity (person not locked up/ locked up
For safety and safe keeping of items.

Question 6

s13

Answer 6

Property taken from people locked up returned

Returned on relaese.

Question 7

s14

Answer 7

Warrantless power of entry TAKE ANY ACTION
Emergency safety
Risk/person/property/offence committed

Question 8

s15

Answer 8

Entry without warrant PLACE - Loss of evidence
14 + offences (R.G.T.S. 14 + offence)
(R.G.T.B. Evidential Material to offence CADD

Question 9

s16

Answer 9

Searching people PUBLIC PLACES - 14 + offences

R.G.T.B - Possession of E.M. for 14+

Question 10

s17

Answer 10

Entry without warrant vehicle PUBLIC PLACE - Loss of evidence
14+ offences R.G.T.B. that E.M. for 14+ offence

Question 11

s18

Answer 11

Warrentless Search - Arms
R.G.T.S. Breech of Arms Act. Physical & mental condition incapable
Physical & mental condition kill or cause harm
P.O. Is in place of that person
and P.S.O.(Person, Place, Vehicle)

Question 12

s20

Answer 12

Warrantless search Drugs - Places & Vehicles

Question 13

s21

Answer 13

Warrentless search Drugs - Person found in section 20

Question 14

s22

Answer 14

Warrentless search Drugs - Person

Question 15

s27

Answer 15

Searching people public place 202A(4)(a)

R.G.T.S. person Possession Offensice weapons

Question 16

s28

Answer 16

Warrentless power - Stopping and Searching vehicles
R.G.T.S. possession of offensive weapons vehicle
Person alighted/vehicle contains and offensive weapon

Question 17

s83

Answer 17

Entry PLACE without warrant after arrest

I have arrested for an offence R.G.T.B. E.M. CADD

Question 18

s84

Answer 18

Entry VEHICLE without warrant after arrest

I have arrested for an offence R.G.T.B. E.M

Question 19

s85

Answer 19

Rub down search - Arrested or Detained

Ensure person - harm anyone facilitate escape

Question 20

s88

Answer 20

Warrantless search - Arrested or Detained
R.G.T.B. - on or carried harm any person - facilite escape
E.M.

Question 21

s110

Answer 21

SEARCH POWERS - use force property lawful seizure

Question 22

s113

Answer 22

Powers to call to assist.

Question 23

s116

Answer 23

Securing Place/Vehicle or Other Things

Exclude any person from the vehicle or place.

Question 24

s120

Answer 24

POWERS SEARCH WHEN SUSPECT -freshly pursued

- R.G.T.B. E.M. is still on the person/vehicle

Question 25

s121

Answer 25

POWER TO STOP A VEHICLE WITHOUT WARRANT

Question 26

s123

Answer 26

IN PLAIN VIEW
- Seize any items while searching vehicles/Places
(Under any other section search)

Question 27

s125

Answer 27

RAN - Is the key that unlocks the search power.

Has its own power in the section

Question 28

s131

Answer 28

RAIN - Is the key that unlocks the power

Question 29

Outline the duty to remained stopped under s128?

Answer 29

As long as reasonably necessary.

Question 30

Under the Search and Surveillance 2012 s121 what are some of the sections that it relates to?

Answer 30

The s121 is the key to unlock
s17=Warrantless entry vehicles EM 14+ Offenses
s18=Warrantless searches for arms
s20=Warrantless search for drugs
s21=Warrantless search place person in that p/v
s28=Warrantless search offensive weapon
s29=Warrantless search stolen property

Question 31

You have stopped the driver of a vehicle for not wearing a seat-belt. You smell cannabis when you approach the drivers window. Define the best practice search?

Answer 31

Vehicle has been stopped under 114 LTA 1998

smell cannabis

Rain 20/21 initial reason was for traffic

Question 32

You have knowledge that a drug dealer Adam ROGERS has cannabis on him. You see him drive past. What can you do now?

Answer 32

s121 Search and Surveillance Act 2012
stop
20/21 Rain (reason cannabis)

Question 33

What does section 121(3) mean you can do?

Answer 33

Include and exclude people from the search.

Question 34

Explain section 112?

Answer 34

Items of uncertain status.

• If you find a bag of white powder REMOVE and get tested. If ESR find it is positive then seize the item as an exhibit.
• Car with sanded vin numbers REMOVE for identification. Then seize if the vehicle is found to be stolen

Question 35

Explain section 120?

Answer 35

Power of search when suspect is pursed.
-If before or during a search someone bails and runs away you may chase them and apprehend them for the purpose of the search

Question 36

What is a production order?

Answer 36

The is a “friendly search warrant” this would be for the bank

Question 37

Explain section 127?

Answer 37

Special powers of entry to execute vehicle search warrants. If you have a search warrant for a vehicle you may enter any PLACE if you have R.G.T.B. that the vehicle is in/on property and search the vehicle only.(You may use the warrant on several properties to find the vehicle)

Question 38

Explain section 117?

Answer 38

Special power where a search power is pending. (Holding power) If you are partly through getting a search warrant and you have R.G.T.B evidential material maybe CADD or removed you may ENTER and secure the evidential material this applies to vehicle and address.
Time limit of 6hrs only
If the warrant is removed you must leave the premises.