Search & Surveillance 2012 Part 2

Question 1

What does Section 9 of the S&S Act 2012 give you the power to do?

Answer 1

Stopping a vehicle to find persons unlawfully at large or who have committed certain offences; if you have REASONABLE GROUNDS to suspect that a person is;
-unlawfully at large -OR- has committed an offence punishable by imprisonment and you have reasonable grounds to believe the person is in or on a vehicle you may: Stop the vehicle WITHOUT warrant to arrest the person.

Question 2

What does Section 121(1) of the S&S Act 2012 give you the power to do?

Answer 2

Under Section 121 you may STOP a vehicle in order to conduct either a warrantless search or execute a search warrant if you are satisfied that the searches are valid under this act.

Question 3

What does Section 122 of the S&S Act 2012 give you the power to do?

Answer 3

Under section 122 you may MOVE the vehicle if you have lawful authority to SEARCH the vehicle and its impractical to do it at the place or you reasonably BELIEVE that it is necessary for safekeeping the vehicle.

Question 4

What does Section 128 of the S&S Act 2012 give you the power to do?

Answer 4

Under Section 128 you may require the vehicle to remain stopped for as long as you reasonably need to search the vehicle or the occupants if you are exercising a search or stopping power.

Question 5

What does Section 30/32 of the S&S Act 2012 give you the power to do?

Answer 5

Road Blocks: You may establish a roadblock, stop vehicles, require details, of anyone you reasonably suspect has committed an imprisonable offence.
- You may search the car for the suspect and if found you may arrest them.

Question 6

Search and Surveillance act 2012, what is Section 10 and when would you use it?

Answer 6

You may require details of any person in the vehicle who you reasonably suspect is unlawfully at large or has committed an imprisonable offence. You may also search the vehicle to locate the person if you reasonably believe that person is in or on the vehicle. And you may search the vehicle for evidential material related to the offence if the person has been arrested or seen fleeing from the vehicle.

Obligations: Section 131 and 169