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CIK100 > Search & Surveillance 2012 > Flashcards

Search & Surveillance 2012 Flashcards

1
Q

What is the definition of Arms?

A

Any firearm, air gun, pistol, restricted weapon, imitation firearm, or explosive or any ammunition

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2
Q

What is the definition of Curtilage?

A

Defines the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any open fields beyond.

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3
Q

Define Evidential material

A

Evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of an offence

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4
Q

Define surveillance device

A

a device that is any one or more of the following kinds of devices

  • an interception device
  • a tracking device
  • a visual surveillance device
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5
Q

Define Unlawfully at large

A

means the person has

  • an arrest warrant in force
  • has escaped from prison
  • has escaped lawful custody (police cells, courts)
  • a special patient or restricted patient and has escaped or failed to return
  • Young person who is subject to youth court supervision with residence order
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6
Q

Define Visual Surveillance Device

A

Any electronic, mechanical, electromagnetic, optical instrument, apparatus, equipment or other device capable of being used to observe or to observe and record, a private activity

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7
Q

In terms of searching, all searches must be?

A 
Lawful and reasonable.
- you may only conduct a search if it is authorised by legislation
You must always either;
- execute a search warrant
- execute a warrantless power
or Conduct a consent search
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8
Q

When considering a search, you must, where ever possible?

A
  1. apply for a search warrant- unless delay will make it impracticable to achieve your purpose
  2. use warrantless search power
  3. Undertake a Consent Search- consent can be withdraw at anytime
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9
Q

What principles apply equally to searches of places, vehicles and other things?

A
  • Lawfulness and reasonableness
  • Search Hierachy
  • Decision records- Record RGTS or RGTB
  • Identification and Notice of search
  • Force used against property must be reasonable
  • Search or Seizure should be witnessed- by another Police employee
  • Seized property must be documented
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10
Q

S&S 2012- Section 7

A

Entry without warrant to arrest person unlawfully at large
- enter place or vehicle without warrant
- to search for and arrest a person
If you have reasonable grounds to:
- SUSPECT that a person is unlawfully at large and
- to BELIEVE that person is there

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11
Q

S&S 2012- Section 8

A

Entry without warrant to avoid loss of offender or evidential material
- enter place or vehicle without warrant
- to search and arrest a person you suspect has committed an imprisonable offence
If you have reasonable grounds to:
- SUSPECT that person has committed an imprisonable offence
- BELIEVE that person is there
- BELIEVE that person may leave to avoid arrest OR
- BELIEVE evidential material relating to the offence may be CADD

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12
Q

S&S 2012- Section 9

A

Stopping a vehicle to find a person unlawfully at large or who have committed imprisonable offences
- Stop a vehicle without warrant
If you have reasonable grounds to;
SUSPECT person is unlawfully at large or has committed an imprisonable offence
BELIEVE that person is in or on the vehicle

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13
Q

S&S 2012-Section 10

A

Powers and Duties of a Constable after stopping a Vehicle s9
After stopping a vehicle a Constable may
a) REQUIRE any person in vehicle who the constable SUSPECTS is unlawfully at large or has committed an imprisonable offence- to supply their name, dob, address and other details
b) SEARCH vehicle to locate the person with reasonable grounds to BELIEVE the person is in or on the vehicle
c) SEARCH the vehicle for evidential material in respect of which the vehicle was stopped- if the person has been arrested or is seen fleeing from the vehicle before arrest

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14
Q

S&S 2012- Section 15

A

Entry without warrant to find and avoid loss of evidential material relating to certain offences

  • Enter and Search if on reasonable grounds you
  • SUSPECT than an offence punishable by imprisonment 14 years or over has been or is about to be committed and
  • BELIEVE that evidential material relating to the offence is in that place; and
  • that if delayed, the evidential material will be CADD
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15
Q

S&S 2012- Section 16

A

Searching people in a public place without a warrant for evidential material relating to certain offences
- A constable can search without warrant any person in a public place on reasonable grounds to BELIEVE that person is in possession of evidential material relating to an offence punishable by imprisonment over 14 years or over

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16
Q

S&S 2012- Section 17

A

Entering and searching a vehicle without warrant for evidential material relating to certain offences
- a constable can enter and search a vehicle without warrant if on reasonable grounds to BELIEVE evidential material relating to an offence punishable by imprisonment 14 years or over is in or on that vehicle

17
Q

S&S 2012- Section 18

A

Warrantless searches associated with Arms
A constable has reasonable ground to SUSPECT
- person is carrying arms or is in possession of them or has them under their control
- he or she is breaching Arms Act
- he or she by reason of their physical or mental state is not capable or having proper control or arms or may kill or cause bodily harm to any person
- A protection order is in force or there are grounds to make an application for a protection order

A constable can;

  • Search the person, their possessions under their control
  • Enter a place or vehicle to carry out above
  • Seize and detain firearms found and any firearms licencw
18
Q

S&S 2012- Section 20

A

Warrantless search of places and vehicles in relation to misuse of drugs act 1975 offences

  • A constable may enter and search a place or vehicle without warrant if on reasonable grounds to
  • BELIEVE its not practical to obtain a warrant and in or on the place or vehicle is
  • a controlled drug or precursor substance as specified in MODA and
  • SUSPECT in or on that place or vehicle an offence against MODA has been or is being committed in respect of that controlled drug and
  • BELIEVE that if entry and search is not carried out immediately CADD will occur
19
Q

S7S 2012- Section 21

A

Warrantless searches of people found in or on places or vehicles
- A constable conducting a search of a place or vehicle under section 20 may, without warrant, search any person found in or on the place or vehicle

20
Q

S&S 2012- Section 22

A

Warrantless power to search for controlled drugs and precursor substances if offence committed against MODA

  • Reasonable grounds to SUSPECT- an offence against MODA has, is being, or about to be committed
  • Reasonable grounds to BELIEVE- a person is in possession of a controlled drug
  • Search the person
21
Q

S&S 2012-Section 27

A

Searching people in public places without warrant if offence against 202(4)(a) of Crimes Act 1961 suspected

  • Reasonable grounds to SUSPECT a person is committing an offence against 202(4)(a) of crimes act (possession of knives, offensive weapons, and disabling substances)
  • May search the person
22
Q

S&S 2012- Section 28

A

Stopping and searching vehicles without warrant if offence against 202A of crimes act.

  • reasonable grounds to SUSPECT a person travelling in the vehicle or who has alighted from the vehicle is committing an offence against 202(4)(a) and
  • the vehicle contains a knife, offensive weapon or disabling substance
  • search the vehicle
23
Q

S&S 2012- Section 83

A

Entry without warrant after arrest
If you have arrested a person for an offence and
- have reasonable grounds to BELIEVE evidential material relating to offence is at a place and
- that the evidential material will be CADD
- You may enter the place and search for evidential material relating to the offence

24
Q

S&S 2012- Section 84

A

Warrantless entry and search of vehicle after arrest

  • if you have arrested a person for an offence and
  • have reasonable grounds to BELIEVE evidential material relating to the offence is in or on a vehicle
  • Enter and search vehicle ( in public place)
25
Q

S&S 2012- Section 112

A

Items of uncertain status may be seized

  • If you are exercising a search power and
  • you are uncertain whether an item found may be lawfully seized and its not practical to determine this
  • remove the item for the purpose of examination or analysis
26
Q

S&S 2012- Section 117

A

Special powers where application for search warrant pending
- A search warrant is about to be made or has been made and has not yet been granted and the officer is present at the place or vehicle that is subject of application
- on reasonable grounds to BELIEVE evidential material may be CADD
- Enter, secure the place or vehicle, secure any items found, direct a person to assist
NOTE: powers permitted until- 6 hours, warrant is available, application for warrant is refused

27
Q

S&S 2012- Section 121

A

Stopping vehicles with or without warrant

  • grounds to search vehicle exist OR
  • a warrant has been issued and is in force for the vehicle
28
Q

S7S 2012- Section 123

A

Seizure of items in plain view
- you are, exercising a search power or lawfully in any place or in or on a vehicle or
- conducting a lawful search of a person and
- finds any item in the purse of carrying out the search
Reasonable grounds to BELIEVE you could have seized the item or items under:
- any search warrant or
- any other search power
Seize the item

29
Q

S&S2012- Section 45

A

Restrictions on some trespass surveillance and use of interception device
You must be:
- Obtaining evidential material in relation to an offence punishable by a term of imprisonment of 7 years or more OR
- against section 44,45,50,51,54 or 55 of the Arms Act 1983
Powers:
- Undertake- trespass surveillance
- Use- an interception device

30
Q

S&S 2012- Section 46

A

Activities for which surveillance device warrant required
What can you do without a surveillance device warrant?
- observe private activity without the use of surveillance device from public areas
- observe private activity in the curtilage of private premises by means of surveillance device for a period not exceeding;
- 3 hours in 24 hour period
- 8 hours total

31
Q

S&S 2012-Section 47

A

Some activities that do not require warrant under this subpart

  • When you are lawfully in private premises, and recording what you observe or hear there, without use of surveillance device
  • Conducting an audio recording of a voluntary oral communication between 2 or more persons, made with consent of at least one of them
32
Q

S&S 2012- Section 48

A

Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency

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