Searches Flashcards
Person Search section?
21
Person search justification?
Reasonable suspicion, anything in possession or control
- Stolen/unlawfully obtained
- used in/in connection with commission relevant offence
- Dangerous article
- Drugs
Relevant offences?
- Indictable
- Possession dangerous article (93FB Crimes)
- Off against Weapons Prohib or Firearms ACt
- Off against Part 2 explosives Act
Dangerous article?
- Firearm, barrel, ammunition
- Prohib weapon
- Spear gun
- Any article not firearm that can discharge irritant, liquid powder, gas chemical or capable of causing bodily harm
- Fuse for explosive
- detonator
21A LEPRA?
Can get person to open mouth, shake or move hair.
What doesn’t 21A permit?
Forcing open of mouth.
27 LEPRA?
Search on arrest
27 LEPRA justification?
Suspect reasoanble grounds prudent to do so to ascertain whether carrying;
- Would present danger to a person
assist in escape of lawful custody
Respect to which offence committed
Evidence of commission of offence
Used/intended in connection commission of an offence
28A LEPRA?
Search in lawful custody
Need reasonable suspicion for 28A LEPRA?
No.
28A Justification
May search person in lawful custody and seize and detain anything found.
Can be carried out at station, other place of detention, or immediately before/during transportation to those places.
s50 LEPRA?
Search on execution warrant. Can search anyone in premises if reasonable suspect they in possession of anything named in warrant.
Part 15 LEPRA?
Comply with Safeguards
201 - powers it applies to
202 - safeguards
203 - Warning to be given
2 types of search?
Person
Strip
Section that governs rules for searches generally? What May you do?
s 30. May - Run hands over outer clothing - remove jacket, gloves, socks etc - Examine anything in possession - metal detector - Anything authorised in act.
Strip search section?
s 31
Strip search justification?
a - when carried out at police station or place of detention - suspects reasonable grounds necessary for purpose of search
or
b - At any other location, suspect on reasonable grounds that it is necessary for the purpose of the search, and circumstances of urgency or seriousness make the strip necessary.
Section for rules on dignity?
s 32
What must police inform person being searched of?
- If required to remove clothing
- Why necessary
What must ask for when searching?
Co-operation
How must search be conducted?
- Way affords reasonable privacy-
- Quickly as reasonable practicable.
What type of search should be conducted?
Least invasive type
If same sex searcher not available?
delegate to a person of same sex or - class prescribed by regulations.
Search to be conducted under direction of the Police Officer.
Search while questioning?
No.
Questions about personal safety can be asked.
Rules for strip searches section?
33
What must comply with for strip search?
- Private area
- Not in presence of view of person of opposite sex
- Not in presence or view of anyone not necessary for search
Can parent/guardian be present?
Y, if person has no objection.
How to search child between 10-18 or of impaired intellectual functioning?
- presence of parent or guardian or
- Presence of another person not police capable of representing interests of person.
Unless
- Delay result evidence concealed/destroyed or
- protection of person
Must record reasons
How much clothes can you remove?
As much as reasonably necessary.
Medical practitioner present?
If person doesn’t object.
Can strip child under 10? Section?
N - S 34.
What can ask person to do in strip search>
Lift testicles Part buttocks cheek spread fingers and toes lift breasts move body open mouth shake hair squat
What circumstances need to exist for a strip search outside of a place of custody or Police Station to be NECESSARY?
Urgent and serious circumstances
Can you tell another Police officer to search?
Only in circumstances where you have passed the requiste jusitification to them for them to also be jusitified.
