Search & Surveillance Act 2012 Flashcards
Powers without Warrant
Emergencies and Wanted Persons:
Section 7?
ENTER
(place/vehicle)
SEARCH for and
ARREST
PERSON:
UNLAWFULLY AT LARGE
Emergencies and Wanted Persons:
Section 8?
ENTER
(place/vehicle)
SEARCH for and
ARREST
SUSPECT:
TO AVOID LOSS OF OFFENDER
(or to avoid CADD)
What is CADD?
Concealment
Altered
Damaged
Destroyed
Emergencies and Wanted Persons:
Section 14?
ENTER
(place/vehicle)
TAKE ANY ACTION to:
PREVENT OFFENCE
(injury or serious damage)
or as
EMERGENCY RESPONSE IF RISK TO LIFE OR SAFETY
Emergencies and Wanted Persons:
Section 120?
*Person or vehicle leaves before search completed, you may:
ENTER (place)
to
APPREHEND
person or vehicle if
FRESHLY PURSUED AND RGTB THERE IS EVIDENCE
FIREARMS:
Section 18?
SEARCH
person and things (incl. vehicle) under their control
ENTER
(place or vehicle to)
SEARCH for and
SEIZE arms/licence
DRUGS/PRECURSORS:
Section 20?
ENTER and SEARCH
place or vehicle for drugs or precursors
ONLY WHEN:
¬ Search Warrant is impractical
¬ RGTB CADD will occur
DRUGS/PRECURSORS:
Section 21?
SEARCH person in a place or vehicle
While conducting s20 search of vehicle or place
DRUGS/PRECURSORS:
Section 22?
SEARCH PERSON In a PUBLIC PLACE if
RGTB drugs/precursors
Offensive Weapons
Section 27
Search person, public place, if RGTS offensive weapons
Offensive Weapons
Section 28
Enter and search vehicle, public place, if RGTS offensive weapons
Stolen Property
Section 29
Enter and search vehicle, public place, if RGTB stolen property
Stopping Vehicles
Section 9
Stop vehicle, to arrest person unlawfully at large or who has committed an imprisonable offence
Stopping Vehicles
Section 30
Acting sergeant or above may authorise road block for purpose of arresting person unlawfully at large or who has committed an imprisonable offence
Stopping Vehicles
Section 32
If roadblock is authorised:
1) Stop vehicles and require details if RGTS an offence,
2) Search vehicle if RGTB person is in vehicle
Stopping Vehicles
Section 121
Power to stop vehicle, search it with or without a warrant
Search Powers
Section 110
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
Special Rules When Searching Persons
Section 125
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
Identification and Notice Requirements
Section 131
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
Evidence
Section 123
Seize items in plain view, if lawfully in a place or vehicle
Evidence
Section 112
Remove items of uncertain status
if within scope of original search power
Evidence
Section 117
Secure (not search) the scene until search warrant is obtained, if RGTB CADD may occur
*6hrs max
Arrest/Detention
Section 83
Post-arrest: enter/search place for Evidential material, if RGTB CADD may occur
Arrest/Detention
Section 84
Post-arrest: enter/search vehicle if RGTB vehicle contains evidential material
Arrest/Detention
Section 85
Post-arrest or detain:
Rub down search of person (under another act), for anything that may harm a person or facilitate escape.
Arrest/Detention
Section 88
Post-arrest/detained:
Search any person (under another act), if RGTB person has EM or may harm a person or facilitate escape.
Arrest/Detention
Section 11
Search any person who is or is about to be “locked up”.
Powers During Search
Section 10
Vehicle may be searched for evidence, if stopped under s9, and person is arrested or flees.
Powers During Search
Section 116
Searcher may secure place/vehicle/thing searched and exclude any person (if RGTB person will hinder search).
Powers During Search
Section 118
Searcher may detain any person at, or arriving at, place or vehicle, to establish connection to object of the search.
Powers During Search
Section 119
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
Notification
Section 169
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
Entry and Search for Evidence of Offences 14yrs plus
Section 15
Offence [has/is/about] committed
Enter and search a place, if RGTB CADD will occur
Entry and Search for Evidence of Offences 14yrs plus
Section 16
Search person in a public place, if RGTB person has evidence
Entry and Search for Evidence of Offences 14yrs plus
Section 17
Search vehicle in a public place, if RGTB vehicle contains evidence
