Search & Surveillance Act

Question 1

What is section 116 of the S&S Act 2012 allow you to do?

Answer 1

Securing a place vehicle, or other thing to be searched

Question 2

You arrest an offender for a theft of a ring. Indicate a search power you can use?

Answer 2

Section 88 of the S&S Act 2012 - warrantless search of arrested / detained persons (evidential material)

Question 3

What are your obligations under section 131 of the S&S Act 2012?

Answer 3

Reason
Act
Intent
Name

Question 4

What are your obligations under section 125 of the S&S Act 2012?

Answer 4

Reason
Act
Name

Question 5

What search power can you use prior to putting an arrested / detained person into the patrol car?

What can be done to facilitate this search?

Answer 5

Section 85 of the S&S Act 2012 - warrantless search arrested / detained person IOT ensure they do not have anything on them they may harm any person, them or facilitate in their escape. (obligation to RAN under s125)

Section 85(2) - visual checks ie palms, mouth, hair, feet

Section 86 - allows Constable to remove items

Question 6

What is the custody search power?

Answer 6

Section 11, S&S Act 2012 - warrantless search of people who are, or are to be locked up in Police Custody.

Question 7

When and what section allows you to release property seized from a detained or arrested person in Police Custody?

Answer 7

S&S Act 2012, Section 13 - property taken from people locked up in Police Custody.

Will release these personal belongings to the people released. Items of evidential relevance will not be released until proceeding in court have been conducted.

Question 8

What is Section 7 of S&S Act 2012?

Answer 8

Power to enter ans search for person who is unlawfully at large

Question 9

What is Section 8 of the S&S Act 2012?

Answer 9

Power to enter a place to search for person who has committed an imprisonable offence.

Question 10

What power would you use to stop a vehicle under the S&S Act 2012?

Answer 10

Section 9 gives the power to stop a vehicle if a Constable believes that a person who is suspected to be unlawfully at large or committed an imprisonable offence is in the vehicle.

Section 121 power to stop vehicle for purpose of a search under the enactment

Question 11

What power allows you to search for drugs in a vehicle and place?

Answer 11

Section 20 of the S&S Act 2012 when a Constable has RGTS MODA offence has occurred and that there is a belief that if you do not search CADD would occur

Question 12

What is Section 10 under S&S Act 2012?

Answer 12

Constable may demand particulars if they suspect person unlawfully at large or person who committed imprisonable offences is in the vehicle.
Search the vehicle if they believe person under section 9 is in the vehicle.
Once arrested person or person has taken off from the vehicle. The Constable may search for EM in relation to the offence.

Question 13

If you have person/s in a house or vehicle when invoking a search under section 20 of S&S Act 2012, can you search them?

Answer 13

Yes under section 21 of S&S Act 2012 you have a warrantless power to search persons found in house or place.

Question 14

What is Section. 15 of S&S Act 2012?

Answer 14

Warrantless Power to enter and search place if you have RGTS that an imprisonable offence 14yr or more has been committed and believe that EM is in that place

Question 15

What is Section 16 of S&S Act 2012?

Answer 15

Warrantless power to search person in a public place if Constable believes on reasonable grounds that the person has EM on them and is related to an imprisonable offence 14yr or more.

Question 16

What is Section 17 of S&S Act 2012?

Answer 16

Warrantless power to search vehicle in a public place if Constable believes on reasonable grounds that EM is in the vehicle related to an imprisonable offence 14yr or more

Question 17

What is Section. 12 of S&S Act 2012?

Answer 17

Search carried out of person must be of same sex and done within a reasonable time

Question 18

What is Section 14 of S&S Act 2012?

Answer 18

Warrantless power to search a place or vehicle if a Constable suspects an offence is or about to be committed that is likely to cause injury or serious damage or Loss to property OR suspects risk to life or safety of person that requires an emergency response.
Constable can take action they believe is necessary to prevent this.

Question 19

What is Section 22 of S&S Act 2012?

Answer 19

Warrantless power to search person if Constable has RGTS MODA offence has occurred and believes in possession of drugs.

Question 20

What is Section 27 of S&S Act 2012?

Answer 20

Warrantless power to search person in public place if Constable has RGTS person has possession of an offensive weapon

Question 21

What section gives you a warrantless search power to stop & search a vehicle under s202 CA 1961?

Answer 21

Section 28 give a Constable has RGTS the power to stop a vehicle and search for an offensive weapon or if vehicle contains an offensive weapon.

Question 22

You have stopped a vehicle under section 9 of S&S Act 2012 due to the vehicle being involved in a burglary. What is your power to search?

Answer 22

Section 29 of S&S Act 2012 gives the Constable a warrantless power to search a vehicle of you have RGTB that stolen property is in the vehicle

Question 23

What is Section 92 of S&S Act 2012

Answer 23

Constable may ask person to a Consent search of place/vehicle or thing in control of person for purpose to prevent commission of offence, to protect life/property or prevent injury or harm, Investigate offence.

S93 advise person of reason and that they can consent or refuse to the consent of the search.

Question 24

What is s123 of S&S Act 2012?

Answer 24

Power to seize item in plain view

Question 25

What can you do under section 110 of S&S Act 2012?

Answer 25

Authorises persons exercising search power under S&S Act 2012 to enter, reqesut assistance, use force regarding property, seize, use equipment or equipment at place/vehicle to assist with search, copy, access electronic/intangible/tangible material, take photos, videos, drawing, sketches or sound recordings