Search & Surveillance Act 2012

Question 1

Emergencies and Wanted Persons:

Section 7?

Answer 1

ENTER
(place/vehicle)

SEARCH for and
ARREST
PERSON:

UNLAWFULLY AT LARGE

Question 2

Emergencies and Wanted Persons:

Section 8?

Answer 2

ENTER
(place/vehicle)

SEARCH for and
ARREST
SUSPECT:

TO AVOID LOSS OF OFFENDER
(or to avoid CADD)

Question 3

What is CADD?

Answer 3

Concealment
Altered
Damaged
Destroyed

Question 4

Emergencies and Wanted Persons:

Section 14?

Answer 4

ENTER
(place/vehicle)

TAKE ANY ACTION to:

PREVENT OFFENCE
(injury or serious damage)

or as

EMERGENCY RESPONSE IF RISK TO LIFE OR SAFETY

Question 5

Emergencies and Wanted Persons:

Section 120?

Answer 5

*Person or vehicle leaves before search completed, you may:

ENTER (place)
to
APPREHEND
person or vehicle if

FRESHLY PURSUED AND RGTB THERE IS EVIDENCE

Question 6

FIREARMS:

Section 18?

Answer 6

SEARCH
person and things (incl. vehicle) under their control

ENTER
(place or vehicle to)

SEARCH for and

SEIZE arms/licence

Question 7

DRUGS/PRECURSORS:

Section 20?

Answer 7

ENTER and SEARCH
place or vehicle for drugs or precursors

ONLY WHEN:
¬ Search Warrant is impractical
¬ RGTB CADD will occur

Question 8

DRUGS/PRECURSORS:

Section 21?

Answer 8

SEARCH person in a place or vehicle

While conducting s20 search of vehicle or place

Question 9

DRUGS/PRECURSORS:

Section 22?

Answer 9

SEARCH PERSON In a PUBLIC PLACE if

RGTB drugs/precursors

Question 10

Offensive Weapons

Section 27

Answer 10

Search person, public place, if RGTS offensive weapons

Question 11

Offensive Weapons

Section 28

Answer 11

Enter and search vehicle, public place, if RGTS offensive weapons

Question 12

Stolen Property

Section 29

Answer 12

Enter and search vehicle, public place, if RGTB stolen property

Question 13

Stopping Vehicles

Section 9

Answer 13

Stop vehicle, to arrest person unlawfully at large or who has committed an imprisonable offence

Question 14

Stopping Vehicles

Section 30

Answer 14

Acting sergeant or above may authorise road block for purpose of arresting person unlawfully at large or who has committed an imprisonable offence

Question 15

Stopping Vehicles

Section 32

Answer 15

If roadblock is authorised:
1) Stop vehicles and require details if RGTS an offence,

2) Search vehicle if RGTB person is in vehicle

Question 16

Stopping Vehicles

Section 121

Answer 16

Power to stop vehicle, search it with or without a warrant

Question 17

Search Powers

Section 110

Answer 17

All search Powers authorise person to:

• enter and search place, vehicle or thing
• request assistance
• use reasonable force to search
• seize anything that is the object of the Search can be lawfully seized
• bring/use equipment, incl. a dog
• access and/or copy intangible material/documents
• take photographs and recordings

Question 18

Special Rules When Searching Persons

Section 125

Answer 18

RAN

When exercising a power to search a person you must:

ID yourself by name
STATE the act
EXPLAIN the reason for search
DETAIN the person you are searching

*Promptly provide on inventory

Question 19

Identification and Notice Requirements

Section 131

Answer 19

RAIN

When exercising a power to search a place, vehicle or thing you must:

ID yourself by name
Announce your intention to enter and searxh
STATE the act
EXPLAIN the reason for search if warrant less search or provide search warrant
DETAIN the person you are searching

• Promptly provide on inventory
• Provide written notice

Question 20

Evidence

Section 123

Answer 20

Seize items in plain view, if lawfully in a place or vehicle

Question 21

Evidence

Section 112

Answer 21

Remove items of uncertain status

if within scope of original search power

Question 22

Evidence

Section 117

Answer 22

Secure (not search) the scene until search warrant is obtained, if RGTB CADD may occur

*6hrs max

Question 23

Arrest/Detention

Section 83

Answer 23

Post-arrest: enter/search place for Evidential material, if RGTB CADD may occur

Question 24

Arrest/Detention

Section 84

Answer 24

Post-arrest: enter/search vehicle if RGTB vehicle contains evidential material

Question 25

Arrest/Detention

Section 85

Answer 25

Post-arrest or detain:

Rub down search of person (under another act), for anything that may harm a person or facilitate escape.

Question 26

Arrest/Detention

Section 88

Answer 26

Post-arrest/detained:

Search any person (under another act), if RGTB person has EM or may harm a person or facilitate escape.

Question 27

Arrest/Detention

Section 11

Answer 27

Search any person who is or is about to be “locked up”.

Question 28

Powers During Search

Section 10

Answer 28

Vehicle may be searched for evidence, if stopped under s9, and person is arrested or flees.

Question 29

Powers During Search

Section 116

Answer 29

Searcher may secure place/vehicle/thing searched and exclude any person (if RGTB person will hinder search).

Question 30

Powers During Search

Section 118

Answer 30

Searcher may detain any person at, or arriving at, place or vehicle, to establish connection to object of the search.

Question 31

Powers During Search

Section 119

Answer 31

Search any person at/arriving/leaving place or vehicle being searched, if:

RGTB the person has evidence or
RGTS has dangerous item and
RGTB immediate action required

Question 32

Notification

Section 169

Answer 32

Must notify when any warrant less search or entry power is used unless it is s85, s88, s11 or an entry power tgat does not confer to search power e.g. s14 emergency entry/responce

Question 33

Entry and Search for Evidence of Offences 14yrs plus

Section 15

Answer 33

Offence [has/is/about] committed

Enter and search a place, if RGTB CADD will occur

Question 34

Entry and Search for Evidence of Offences 14yrs plus

Section 16

Answer 34

Search person in a public place, if RGTB person has evidence

Question 35

Entry and Search for Evidence of Offences 14yrs plus

Section 17

Answer 35

Search vehicle in a public place, if RGTB vehicle contains evidence