Search & Surveillance 2012 Flashcards
s7
“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 “
s8
“Warrentless Entry avoid loss offender/evidence
R.G.T.S. Committed an imprisionable offence
R.G.T.S. Evidential material CADD”
s9
Stopping A Vehicle / Person Unlawfully at large
R.G.T.S. person unlawfully at large
R.G.T.S. person committed an offence imprisonment
s10
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.
s11
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.
s13
Property taken from people locked up returned
Returned on relaese.
s14
Warrantless power of entry TAKE ANY ACTION
Emergency safety
Risk/person/property/offence committed
s15
Entry without warrant PLACE - Loss of evidence
14 + offences (R.G.T.S. 14 + offence)
(R.G.T.B. Evidential Material to offence CADD
s16
Searching people PUBLIC PLACES - 14 + offences
R.G.T.B - Possession of E.M. for 14+
s17
Entry without warrant vehicle PUBLIC PLACE - Loss of evidence
14+ offences R.G.T.B. that E.M. for 14+ offence
s18
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)
s20
Warrantless search Drugs - Places & Vehicles
s21
Warrentless search Drugs - Person found in section 20
s22
Warrentless search Drugs - Person
s27
Searching people public place 202A(4)(a)
R.G.T.S. person Possession Offensice weapons
s28
Warrentless power - Stopping and Searching vehicles
R.G.T.S. possession of offensive weapons vehicle
Person alighted/vehicle contains and offensive weapon
s83
Entry PLACE without warrant after arrest
I have arrested for an offence R.G.T.B. E.M. CADD
s84
Entry VEHICLE without warrant after arrest
I have arrested for an offence R.G.T.B. E.M
s85
Rub down search - Arrested or Detained
Ensure person - harm anyone facilitate escape
s88
Warrantless search - Arrested or Detained
R.G.T.B. - on or carried harm any person - facilite escape
E.M.
s110
SEARCH POWERS - use force property lawful seizure
s113
Powers to call to assist.
s116
Securing Place/Vehicle or Other Things
Exclude any person from the vehicle or place.
s120
POWERS SEARCH WHEN SUSPECT -freshly pursued
- R.G.T.B. E.M. is still on the person/vehicle
s121
POWER TO STOP A VEHICLE WITHOUT WARRANT
s123
IN PLAIN VIEW
- Seize any items while searching vehicles/Places
(Under any other section search)
s125
RAN - Is the key that unlocks the search power.
Has its own power in the section
s131
RAIN - Is the key that unlocks the power
Outline the duty to remained stopped under s128?
As long as reasonably necessary.
Under the Search and Surveillance 2012 s121 what are some of the sections that it relates to?
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
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?
Vehicle has been stopped under 114 LTA 1998
smell cannabis
Rain 20/21 initial reason was for traffic
You have knowledge that a drug dealer Adam ROGERS has cannabis on him. You see him drive past. What can you do now?
s121 Search and Surveillance Act 2012
stop
20/21 Rain (reason cannabis)
What does section 121(3) mean you can do?
Include and exclude people from the search.
Explain section 112?
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
Explain section 120?
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
What is a production order?
The is a “friendly search warrant” this would be for the bank
Explain section 127?
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)
Explain section 117?
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.
