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Sergeants CPK Exam > Search + Surveillance Act 2012 > Flashcards

Search + Surveillance Act 2012 Flashcards

1
Q

What is evidential material?

A

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

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2
Q

What is the search hierarchy?

A

You should always consider a warrant first. If this is not practicable then consider using a warrantless power. Consent search should be the last option.

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3
Q

Section 7 - entry to arrest person unlawfully at large

A

If you have RGTS that a person is unlawfully at large and is in a place/vehicle, you may enter the place or vehicle without warrant to search for and arrest the person

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4
Q

Section 8 - entry to avoid loss of offender or evidential material

A

If you have RGTS an offence punishable by imprisonment has been committed AND

Believe that the person is in the place/vehicle AND

Believe that if entry is NOT effected immediately either the person will leave to avoid arrest or the evidential material will be CADD

You may enter that place/vehicle without warrant, search for and arrest the person you suspect has committed the offence

You CANT search for evidential material unless an arrest is made and a search incidental to the arrest is undertaken under section 83-88

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5
Q

Section 14 - emergency power

A

Enter place/vehicle and take any action as reasonably necessary if:
an offence is being/about to be committed that would likely cause injury to any person or serious loss/damage to property or there is risk to the life or safety of any person

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6
Q

Section 15 - search place for evidential material - 14 year offence

A

If you suspect a 14 year imprisonment offence had/is/will be committed and you BELIEVE evidential material is in a place and will be CADD you may enter and search to find evidential material.

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7
Q

Section 16 - search person in public for evidential material - 14 year offence

A

If you BELIEVE a person in a public place has evidential material on him relating to a 14 year imprisonment offence you may search that person without a warrant

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8
Q

Section 17 - search vehicle in public for evidential material 1- 4 year offence

A

If you BELIEVE evidential material relating to a 14 year imprisonment offence is in or on a vehicle in a public place you may enter and search that vehicle without warrant.

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9
Q

Section 83 - entry and search place/vehicle incidental to arrest

A

If you have arrested a person for an offence and BELIEVE evidential material is in the place/vehicle and that delay in getting a search warrant would result in the evidential material being CADD.

You may enter and search the place/vehicle for evidential material relating to the offence. It does NOT matter if the person was NOT arrested there.

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10
Q

When executing a search warrant or power who can you search at the scene?

A

You can search any person found at, arrives at or stops/enters the place or vehicle if you have RGTB that evidential material is on that person OR
suspect that the person is in possession of a dangerous item that poses a threat to safety and you BELIEVE immediate action is needed.

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11
Q

Section 117 - secure scene

A

Secure scene while search warrant is pending (6 hours)

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12
Q

What obligations must you do when exercising a search power?

A

Before entry you must:

  • announce intention to enter and search using a power
  • identify yourself by name
  • if not in uniform produce evidence of your identity
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13
Q

When do you not have to announce entry or give reasons for the search?

A
  • no person lawfully present

- compliance would endanger the safety of any person or prejudice the exercise of the entry or the ongoing investigation

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14
Q

What factors do you consider before making an unannounced forced entry?

A
  • tactical options available
  • reasonable and practical alternative to forced entry
  • seriousness of the offence
  • history of violence
  • danger to police or public or people at the place
  • reasonable grounds evidence will be CADD
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15
Q

What is curtilage?

A

An area attached to a dwelling house and forming one enclosure with it.

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16
Q

How old does a person need to be to be treated as an occupier or person in charge?

A

14 years or older

The only exception is if they are found driving a vehicle and there is no passenger 14 years or older with authority to consent to the vehicles search

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17
Q

Section 9 - stopping vehicles without warrant to effect arrest

A

You may stop a vehicle if you have RGTS that a person who is unlawfully at large or who has committed an offence punishable by imprisonment is in/on the vehicle.

If you arrest the person you can search the vehicle for evidential material relating to the offence.

You must advise the person responsible for the vehicle if they weren’t the one arrested, the reason for the search etc.

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18
Q

If you stop a vehicle using section 9 who can you require to give their particulars?

A

You can require the particulars from persons in the vehicle whom you suspect are unlawfully at large or have committed an offence.

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19
Q

Who can establish a road block and under what grounds?

A

Sgt or above (includes acting sgt)

Must have RGTB that in/on a vehicle, there is

  • a person unlawfully at large or
  • had committed an offence punishable by imprisonment AND
  • you suspect the vehicle will pass where the road block is
20
Q

Section 18 - people in possession of firearms

A
  • if you have RGTS a person is carrying firearms or is in possession of them AND
  • they are in breach of the arms act OR
  • by reason of their physical/mental condition or incapable of having proper control or may kill or cause bodily injury to any person
  • under the domestic violence act they have a protection order or a PSO is in place

You may:

  • search the person or anything in their possession or under their control / including a vehicle and seize any firearms found
  • you can enter a place/vehicle to search and seize any arms found

Unless impracticable obtain approval from a Sgt

21
Q

What does locked up mean?

A

Taken into lawful custody and being placed behind a closed or locked door which prevents them from leaving.

22
Q

Section 11 - when can you search a person after they have been locked up?

A
  • If they were not searched before being locked up
  • RGTB they are in possession of something that may be used to harm themselves or others

Since being searched or before being locked up they were in close proximity to a person who was NOT locked up, or another person who was eligible to be searched but wasn’t.

23
Q

Section 85 - what is the purpose of a rub down search?

A

To ensure a person who has been arrested or detained is NOT carrying anything that may be used to harm any person or facilitate escape.

24
Q

Section 88 - what does it entitle you to do?

A

If you have arrested a person/detained them under a statutory power and have RGTB that there is anything on or carried by the person that

  • may be used to harm any person
  • may be used to facilitate the persons escape
  • is evidential material relating to the offence for which the person is arrested or the person detained you may search that person
25
Q

Examples of when samples from a persons body maybe seized as evidential material pursuant to section 88 search?

A
  • swabs to remove blood on the arrested person
  • fingernail scrapings
  • penile swab (to obtain victims DNA from offender relating to a sexual violation

For the purpose of this section, the search must be lawful, reasonable and approved by a Sgt or above.

26
Q

Section 28 - searching vehicles for offensive weapons

A

If you have RGTS a person travelling in a vehicle OR who has alighted from it is committing an offence is a public place AND the vehicle contains a knife, offensive weapon or disabling substance you may search the vehicle.

27
Q

Section 29 - searching vehicles for stolen property

A

If you have RGTB that any stolen property is in/on any vehicle.

You may search the vehicle.

Note: ONLY when the vehicle is in a public place.

28
Q

Section 84 - entry and search of vehicles after arrest

A

If you have arrested a person and have RGTB that evidential material relating to the offence is in a vehicle. You may enter and search that vehicle.

29
Q

Section 119 - power to search persons at a place/vehicle (person arrives during search)

A

If you are searching a place/vehicle you may:

  • search any person found at that place/vehicle OR
  • who arrives at that place OR
  • who stops at, or enters or tries to enter or gets into the vehicle

If you have RGTB that evidential material that is the object of the search is on that person OR

You suspect the person is in possession of a dangerous item that poses a threat to safety and you BELIEVE that immediate action is needed to address the threat.

30
Q

Section 92 - purposes for which consent search may be undertaken?

A

You may ask a person to consent to a search of a place/vehicle or other thing

  • to prevent the commission of an offence
  • to protect life or property or prevent injury/harm
  • to investigate whether an offence has been committed
  • any purpose in respect of which you could exercise a power of search conferred by an enactment if you held a particular belief or suspicion specified in the enactment
31
Q

Exceptions to consent search

A
  • Search conducted as a condition of entry to any public place or private place
  • Search conducted under a power conferred by an enactment
  • Entry to property under an implied licence
32
Q

Section 120 - powers of search when suspect pursued

A

If you intend to search a person/vehicle but that person/vehicle leaves before you are able to start/complete to search

You may apprehend to person or enter any place to find them if you have been freshly pursuing the person from the intended search location

You have RGTB that relevant evidential material is still on the person/vehicle

You can only apprehend if you are the officer in fresh pursuit unless you are acting as that officers assistant under section 113 and are under their direct supervision and control.

33
Q

What must you say prior to a consent search?

A

Determine that the search is eg. to prevent risk to life/property etc.

Advise the person for the reason for the search that they may consent or refuse to consent to the search

A person under 14 years of age can consent to a search of themselves or anything in their immediate possession or control.

34
Q

Section 27 - search of people with offensive weapons

A

You may search a person if you have RGTS the person has an offensive weapon.

35
Q

Section 113 - Using assistants during searches

A

You can call on a person to assist you to exercise a search power or a person has been required to assist you as a condition of a warrant.

They are subject to your control and the overall responsibility for exercising the power rests on you.

Unless they are a constable you MUST

  • accompany them when they first enter the place/vehicle/other thing AND
  • provide reasonable supervision of them

They MUST only search places that are lawful as determined by you.

36
Q

Section 118 - powers of detention incidental to searches of places/vehicles

A

You may use reasonable force to effect and continue detention.

Must be for a reasonable period of time but NO longer than the duration of the search.

You MUST determine if the person has a connection with the search if they don’t, you must let them leave.

37
Q

Section 127 - search warrant to enter and search vehicles

A

If you have a search warrant that authorises the search and entry of a vehicle.

You may enter any place where you have RGTB the vehicle is to locate and search it.

38
Q

Section 131 - ID and announce requirements

A

If you exercise a search power, before entry you must:

Announce your intention to enter and search
ID yourself by name or QID
If not in uniform produce ID

You also must either before or on initial entry provide the occupier of the place or person in charge.

A copy of the search warrant / if not practicable, you may execute a fax or printout of an electronically generated copy of the warrant or a copy which is endorsed to that effect.

39
Q

What can you seize during a search?

A

If you find evidence of an offence other than the one specified in the warrant or covered by your warrantless power, you CANNOT seize it unless you obtain another warrant OR you exercise plain view seizure under section 123.

40
Q

Section 123 - seizure of items in plain view

A

If you are exercising a search power or are lawfully in a place as part of your duties, you may seize anytime, if you have RGTB you could have seized the item under:

  • any search warrant obtained under the S&S act
  • any other search power exercisable by you under the S&S act or any other act.
41
Q

Section 112 - items of uncertain status

A

If you are not certain of something can be seized and it is not practicable to determine that where the search takes place you may:
- remove the item for exam or analysis to determine whether it may be lawfully seized
eg your warrant is to locate cocaine and you find a white powder. You can take this package for testing.

eg you cannot use this power if your warrant was to find cannabis but you find a TV and you are unsure if its stolen. You would need to consider if you could exercise a plain view seizure or to secure the scene pending a warrant under section 117.

42
Q

Notice and inventory requirements after search/seizure

A

Searches when occupier/person in charge of place/vehicle/or thing is there

  • you must give that person before or on entry a copy of the warrant and attached privilege information contained in the notice to occupier, or the person in charge of vehicle/ other thing present during search or
  • if warrantless, a copy of the notice to the person present during warrantless search - POL 1275

Exceptions to this is when you do an unannounced forced entry.

43
Q

Searches conducted of vehicle or thing when person isnt there

A

Leave in a prominent position at the place/vehicle a copy of the warrant and attached privilege information contained in the notice to occupier or the person in charge of the vehicle/other thing not present during search or
- if a warrantless search, a copy of the notice to person not present during warrantless search.

44
Q

Searches relating to items being seized, what must you do?

A

At the time of item seized, or as soon as practicable after the seizure and no later than 7 days:
- provide to the occupier or owner an inventory of items seized and accompanying notice to owners or others in relation to things seized AND
A copy of authority eg a copy of the warrant of POL 1275 if the owner is different from the person in charge and they have NOT previously received the relevant forms.

45
Q

Section 31 - duration and record of road block

A

Valid for an initial period of up to 24hrs. May be renewed from time to time by a district court judge for a single further period not exceeding 24hrs.

If you authorise a road block you MUST keep a written record of:

  • the location
  • the period for and the grounds on which authorisation was granted or renewed

Must do a community impact assessment (CIA) where:

  • vulnerable people are present
  • on the community and interested groups

Conducted in writing.

Sergeants CPK Exam (15 decks)

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