Search & Surveillance Act 2012

Question 1

Section 125(1)

Answer 1

Reason for search
Act under which the search is taking place
Name (unique identifier)

May use reasonable force
Search what that person is wearing or in possession of

Seize anything that can be lawfully seized

Question 2

Section 169(1) & (4)

Answer 2

(1) Provide written report to the commissioner ASAP after use of power
(4) powers which do not need to be reported. Ie, 85, 88, 11

Question 3

Section 110(a)(c)(d)

Answer 3

(A) enter and search the place vehicle or thing and any item found in the place vehicle or thing

(C) use force that is reasonable towards any property to carry out lawful search and seizure

(D) seize anything that is the subject of the search or may be lawfully seized.

Question 4

Section 131 1(a)&(b) & 3

Answer 4

1(a)&(b) RAIN
Provide search warrant if there is one.

3 may use reasonable force to effect entry, includes if a person does not allow entry within a reasonable time

Question 5

Section 14

Answer 5

RGTS and offence is or about to be committed.

Likely to cause:

• injury to person(s)
• damage or loss of property

You may enter and:
- take ANY ACTION that you have RGTB is necessary

Question 6

Section 7

Answer 6

RGTS person unlawfully at large in vehicle or place.

You enter search for and arrest that person

Question 7

Section 8

Answer 7

RGTS offence punishable by imprisonment

Believe person is in that place or vehicle

Fear CADD or the person may leave

Enter search for and arrest that person

Question 8

Section 85

Answer 8

After K9 or detain
RAN applies

Search for anything that may:

• harm any person
• facilitate escape

Question 9

Section 88

Answer 9

After K9 or detain
RAN applies

Search for anything that:

• is evidential in relation to K9 or detainment
• may be used to harm any person
• may be used to facilitate escape

Question 10

Section 11 & 13

Answer 10

11 - in lawful custody (police station/premise used by police)
Search and take property and money.
Only done once except for some cases such as RGTS possession of anything that could harm or help escape

13 all money and property must be returned after release from custody except if it would be an offence that have that property. Ie, drugs

Question 11

Section 18

Answer 11

Enter search place vehicle
Search person
Seize detain firearms & license
If RGTS
-Offence against arms act 1983
- cat 3/4 offence is/has/being committed
-mentally/physically incapable of proper control of the arms
-may kill or cause injury to person
-there is a PO/PSO in force or grounds for one

Question 12

Section 20

Answer 12

Enter search place or vehicle if RGTB

• any controlled drug or precursor drug listed under part 1,2,3 or part 4 misuse drugs act 1975 is in that vehicle or place
• offence against misuse drugs act 1975
• Fear CADD in relation to drug offences

Question 13

Section 21

Answer 13

Search any persons found in vehicle or place subject to a section 20 search

Question 14

Section 22

Answer 14

RGTB
A person is in possession of:
- controlled drug or precursor drug.
Or suspect offence against misuse drugs act 1975

Search that person.

Question 15

Section 27

Answer 15

Search person if GCTS offence against crimes act 1961 section 202(4)(a) - offensive weapons.

Question 16

Section 28

Answer 16

RGTS stop a vehicle to search for offensive weapons

Question 17

Section 29

Answer 17

RGTB stolen property is in vehicle may enter and search that vehicle

Question 18

Section 83

Answer 18

After K9
RGTB evidential material relating to K9
Fear of CADD
The arresting officer may enter and search that place

Question 19

Section 84

Answer 19

After K9
RGTB evidential material relating to K9
Fear of CADD
The arresting officer may enter and search that vehicle

Question 20

Section 116

Answer 20

Secure vehicle place or other thing for purpose of search for as long as reasonable.

Exclude any person

RAN

Question 21

Section 118

Answer 21

May detain any person who is at or in the vehicle or place being searched

Arrives at the, stops at, or tries to enter place or vehicle

To find any link between the person and the purpose of the search.

Reasonable force may be used.

Question 22

Section 119

Answer 22

Search any person found at, stops at or tries to enter place or vehicle being searched

May search that person if RGTB evidential material on that person
RGTB person is on possession of dangerous item
Believe immediate action needed to address threat

Any dangerous item must be returned unless its an offence to have that item.

Must have the ability to exercise the power of arrest to use this section

Question 23

Section 121

Answer 23

Stop a vehicle for the purpose of a search

Question 24

Section 9

Answer 24

Stop a vehicle to arrest a person who you have RGTS is in that vehicle and that person:

• is unlawfully at large
• offence punishable by imprisonment

Question 25

Section 10

Answer 25

If stopped a vehicle under section 9 you may:

Require details from any poison in or on vehicle to supply :

• name
• address
• contact details
• DOB

If you agave RTGS:

• they are unlawfully at large
• committed offence punishable by imprisonment

You may also:
Search that vehicle for that person.
Search for evidential material if the person has been arrested or seen fleeing from vehicle before arrest was carried out.

Question 26

Section 15

Answer 26

Enter search place if
RGTS
offence 14+ has, is or about to be committed
Evidential material is in that place and/or CADD

Question 27

Section 16

Answer 27

Search any person in public place if RGTB that person has EM in their possession relating to offence 14+

Question 28

Section 17

Answer 28

Enter search vehicle in public place if
RGTS
offence 14+ has, is or about to be committed
Evidential material is in that place and/or CADD

Question 29

Section 128 & 129

Answer 29

128 - if you stop a vehicle you may require it to remain stopped for as long as reasonably necessary

129 - RAN the driver as to why