Search & Surveillance

Question 1

S&S Section 6

Answer 1

Search Warrant

Question 2

S&S Section 7

Answer 2

Warrantless

Entry arrest Person unlawfully at large

Question 3

S&S Section 8

Answer 3

Emergency power

Entry avoid loss of offender or evidential material

Question 4

S&S Section 9

Answer 4

Stopping a vehicle find persons unlawfully at large or who have committed offence punishable by imprisonment

Question 5

RGTS - that a person. . .

and RGTB that person is in or on vehicle

Answer 5

Section 9

-Unlawfully at large or committed an offence punishable by imprisonment

Question 6

S&S Section 15

Answer 6

Enter & Search Place for evidence

14yr+ Offence

Question 7

Enter & Search Place

Section 15

Answer 7

RGTS offence 14+

RGTB evidential material in place and CADD

Question 8

S&S Section 16

Answer 8

Search a person in Public place for evidence Relating to 14yr+ offence

Question 9

Search Person Public Place

Section 16

Answer 9

RGTB person in possession of evidential material in relation to 14yr+ Offence

Question 10

S&S Section 17

Answer 10

Enter & Search Vehicle in Public Place for evidential material in relation to 14yr+ Offence

Question 11

Enter & Search Vehicle Public Place

Section 17

Answer 11

RGTB evidential material relating to an offence 14yr+ is in or on the vehicle

Question 12

S&S Section 18

Answer 12

Warrantless

Enter search Vehicle, Place or person re firearm offence

Question 13

Firearms

Section 18

Answer 13

RGTS

• Breach Arms Act
• Physical or Mental condition
• Domestic Violence Act

Question 14

S&S Section 20

Answer 14

Warrantless Emergency power
Place or Vehicle
Drugs

Question 15

Drugs

Section 20

Answer 15

RGTB not practical to obtain warrant

RGTS Offence against MOD Act 1075

Question 16

S&S Section 21

Answer 16

Search person in Place or vehicle (Section 20)

Question 17

S&S Section 22

Answer 17

Warrantless

Search Person for drugs

Question 18

Person for Drugs

Section 22

Answer 18

RGTB person in possession of Drugs

RGTS Offence against MOD Act 1975

Question 19

S&S Section 112

Answer 19

Seizing Items of Uncertain status

Question 20

Items of uncertain status

Section 112

Answer 20

If exercising a search power and uncertain if item may be seized.
Remove the item for the purpose of examination to determine whether it can be lawfully seized

Question 21

S&S Section 117

Answer 21

Powers when S/W app pending

Question 22

Special powers pending s/w

Section 117

Answer 22

if app in progress

• And RTGB evidence will be CADD
• Enter and secure Place, Vehicle or Thing and secure items that is reasonable in the circumstances
• Expires in 6 hrs, or when s/w available for execution or been refused.

Question 23

S&S Section 121

Answer 23

Stopping vehicles for purposes of search

Question 24

Stop Vehicle to Conduct Search

Section 121

Answer 24

You must be satisfied that

• There are grounds to search vehicle Warrantless
• Warrant has been issued and is in force for the vehicle

Question 25

S&S Section 123

Answer 25

Seizure of items in plan view

Question 26

Items in plain view

Section 123

Answer 26

• exercising search power, lawfully in any place/vehicle, lawfully searching person
• RGTB could seize under any search warrant or other power

Question 27

S&S Section 45

Answer 27

Undertake Trespass Surveillance or Use an Interception Device

Question 28

Restrictions on trespass surveillance or Interception Device

Section 45

Answer 28

To Obtain evidence

• Offence 7years or more
• Offence against various sections Arms Act 1983

Question 29

S&S Section 46(1)(e)

Answer 29

Activity without a surveillance device warrant

Question 30

Rules around Activity without a surveillance device warrant
Section 46(1)(e)

Answer 30

Private activity in curtilage observed

• without surveillance device from public area
• by means of surveillance device not exceeding 3 hours in 24 hour period or 8 hours in total

Question 31

The Appreciation Process

Answer 31

Aim (Including Commanders Intent)
Factors
Courses open
Plan