Search & Surveillance Act 2012 Flashcards
Section 125(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
Section 169(1) & (4)
(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
Section 110(a)(c)(d)
(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.
Section 131 1(a)&(b) & 3
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
Section 14
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
Section 7
RGTS person unlawfully at large in vehicle or place.
You enter search for and arrest that person
Section 8
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
Section 85
After K9 or detain
RAN applies
Search for anything that may:
- harm any person
- facilitate escape
Section 88
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
Section 11 & 13
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
Section 18
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
Section 20
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
Section 21
Search any persons found in vehicle or place subject to a section 20 search
Section 22
RGTB
A person is in possession of:
- controlled drug or precursor drug.
Or suspect offence against misuse drugs act 1975
Search that person.
Section 27
Search person if GCTS offence against crimes act 1961 section 202(4)(a) - offensive weapons.
Section 28
RGTS stop a vehicle to search for offensive weapons
Section 29
RGTB stolen property is in vehicle may enter and search that vehicle
Section 83
After K9
RGTB evidential material relating to K9
Fear of CADD
The arresting officer may enter and search that place
Section 84
After K9
RGTB evidential material relating to K9
Fear of CADD
The arresting officer may enter and search that vehicle
Section 116
Secure vehicle place or other thing for purpose of search for as long as reasonable.
Exclude any person
RAN
Section 118
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.
Section 119
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
Section 121
Stop a vehicle for the purpose of a search
Section 9
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
Section 10
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.
Section 15
Enter search place if
RGTS
offence 14+ has, is or about to be committed
Evidential material is in that place and/or CADD
Section 16
Search any person in public place if RGTB that person has EM in their possession relating to offence 14+
Section 17
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
Section 128 & 129
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
