Search & Surveillance Act 2012

Question 1

Under the Search and Surveillance Act 2012, when should you RAN someone? And what does RAN stand for?

Answer 1

Reason - Act - Name

When you are searching someone under Section 125 of the S&S Act 2012

Question 2

What Section/s of the S&S Act 2012 do you use to search someone who is detained and you have grounds to believe they have drugs, weapons, firearms etc?

Answer 2

Section 88

Question 3

What Section/s of the S&S Act 2012 do you use to conduct a custody search?

Answer 3

What Section/s of the S&S Act 2012 do you use to search someone post arrest?

Question 4

What section of the S&S Act is used for an emergency entry power?

Answer 4

Section 14

Question 5

What Section of the S&S Act 2012 allows you to use force on property?

Answer 5

Section 110

Question 6

What Section/s of the S&S Act 2012 do you NOT need to report the exercise of powers under Section 169 of S&S Act 2012?

Answer 6

Section 14 - Emergency Power Entry
Sections 85 & 88 - Search of a person following arrest or a search of a person following their detention under any other enactment.
Section 11 - Search of a person in lawful custody.
Section 91-96 - A consent search

Question 7

What is Section 14 of the S&S Act 2012 used for?

Answer 7

Warrantless entry to prevent offence or to respond to risk to life or safety.
- Reasonable grounds to suspect that in relation to vehicle or place an offence is being committed or is about to be committed that is likely to cause injury to any person -OR- serious damage to or serious loss of any property.

Question 8

Is Section 14 of the S&S Act 2012 an entry power, search power or both?

Answer 8

Section 14 is an entry power ONLY.

Question 9

What does Section 7 of the S&S Act 2012 give you the power to do?

Answer 9

Entry without warrant to arrest person unlawfully at large.

• Suspect person is at large
• Believe they are at that place or vehicle
• Enter that place with out warrant to SEARCH and DETAIN that person
• Must do notification*

Question 10

What does Section 8 of the S&S Act 2012 give you the power to do?

Answer 10

Entry WITHOUT warrant to avoid loss of offender or evidential material.

• Suspect that a person has committed an imprisonable offence;
• Believe that person is in that place or vehicle;
• Believe that is entry not effected, the person will avoid arrest or evidential material relating to offence will be concealed/altered/destroyed
• You may enter that place or vehicle and SEARCH for the suspect.

Question 11

In relation to Section 8 of the S&S Act 2012, what does the acronym CADD stand for?

Answer 11

C - Concealed
A - Altered
D - Damaged
D - Destroyed

Question 12

What does Section 83 of the S&S Act 2012 give you the power to do?

Answer 12

Entry WITHOUT warrant after arrest if on reasonable grounds;

• Evidential material relating to arrest is at a place, and,
• If entry is delayed in order to get a warrant evidence could be CADD,
• You may; enter that place WITHOUT warrant to SEARCH for the evidential material (whether its the location of arrest or not).

Question 13

What does Section 84 of the S&S Act 2012 give you the power to do?

Answer 13

WARRANTLESS entry & SEARCH of vehicle after arrest if reasonable grounds to believe that;

• Evidential material relating to the offence which person was arrested is in or on a vehicle, you may;
• Enter and SEARCH that vehicle for evidential material without warrant (whether or not the person arrested was in the vehicle)

Question 14

What does Section 123 of the S&S Act 2012 give you the power to do?

Answer 14

Seizure of items in plain view; If you as part of your duties:
Exercise a search power or are conducting a lawful search of a person or are lawfully in a place or in a vehicle you may seize any item(s) you (or anyone assisting you) find in the course of carrying out the search or as a result of observations at that place or in or on the vehicle.

Question 15

What does Section 29 of the S&S Act 2012 give you the power to do?

Answer 15

Power to search vehicles without warrant for stolen property if you have reasonable ground to believe that;

• any stolen property is in or on any vehicle you may;
• search the vehicle without warrant.

Question 16

Search and Surveillance act 2012, what is Section 93 and when would you use it?

Answer 16

You may conduct a consent search of anyone to prevent an offence, investigate an offence, to protect life or property or to prevent injury or harm.

The person must consent and the search can take place in a place, vehicle or a thing apparently in their control.

You must let them know that they can refuse and NO ONE under 14yrs can consent.

Question 16

Search and Surveillance act 2012, what is Section 110 and when would you use it?

Answer 16

Search Powers: A range of powers along with every search power that enables you to use reasonable force in respect of any property that is reasonable in the circumstances and to seize anything that is the subject of the search or may be lawfully seized.

Question 16

Search and Surveillance act 2012, what is Section 7 and when would you use it?

Answer 16

Unlawfully At Large:

You may enter a place or vehicle in order to search for and arrest someone who is unlawfully at large if you reasonably suspect that person is unlawfully at large and you believe that they are in that place or vehicle.

Obligations of Section 169 and 131

Question 16

Search and Surveillance act 2012, what is Section 8 and when would you use it?

Answer 16

Loss Of Offender And Evidential Material:

You may enter a place or vehicle to search for and arrest someone you suspect has committed an imprisonable offence. You must believe that the person is in the place or vehicle and believe that the person will flee to avoid arrest OR that EM could be CADD.

*THIS DOES NOT GIVE YOU THE POWER TO SEARCH FOR EVIDENTIAL MATERIAL

Obligations: Section 131 and 169

Question 17

Search and Surveillance act 2012, what is Section 83 and when would you use it?

Answer 17

Post K9 - You may enter a place and search for EM if you have arrested someone and you believe that EM relating to the offence is at a place and if entry is delayed then the EM will be CADD.

Obligations: Section 131 and 169

Question 18

Search and Surveillance act 2012, what is Section 84 and when would you use it?

Answer 18

Post K9 - You may enter or search a vehicle for EM post K9 when you have reason to believe that EM related to the offence is in or on a vehicle.

Obligations: Sections 131 and 169

Question 19

Search and Surveillance act 2012, what is Section 29 and when would you use it?

Answer 19

You may enter and search a stolen vehicle for stolen property if you reasonably believe that the stolen property is in or on the vehicle.

This is intended for vehicles in public places.

You should seek a search warrant if the vehicle is on pubic property.

Obligations: Sections 131 and 169

Question 20

Search and Surveillance act 2012, what is Section 123 and when would you use it?

Answer 20

Items in plain view:

You may seize any items you find in the course of carrying out a search or as a result of observations at that place or in that vehicle if you are exercising a search power, conducting a lawful search of a person or lawfully in a place or vehicle. You must also reasonably believe that you could have seized the item under any search warrant you could have obtained or any search power you may exercise.