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TOKA > Searches > Flashcards

Searches Flashcards

1
Q

Person Search section?

A

21

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2
Q

Person search justification?

A

Reasonable suspicion, anything in possession or control

  • Stolen/unlawfully obtained
  • used in/in connection with commission relevant offence
  • Dangerous article
  • Drugs
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3
Q

Relevant offences?

A
  • Indictable
  • Possession dangerous article (93FB Crimes)
  • Off against Weapons Prohib or Firearms ACt
  • Off against Part 2 explosives Act
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4
Q

Dangerous article?

A
  • 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
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5
Q

21A LEPRA?

A

Can get person to open mouth, shake or move hair.

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6
Q

What doesn’t 21A permit?

A

Forcing open of mouth.

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7
Q

27 LEPRA?

A

Search on arrest

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8
Q

27 LEPRA justification?

A

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

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9
Q

28A LEPRA?

A

Search in lawful custody

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10
Q

Need reasonable suspicion for 28A LEPRA?

A

No.

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11
Q

28A Justification

A

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.

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12
Q

s50 LEPRA?

A

Search on execution warrant. Can search anyone in premises if reasonable suspect they in possession of anything named in warrant.

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13
Q

Part 15 LEPRA?

A

Comply with Safeguards
201 - powers it applies to
202 - safeguards
203 - Warning to be given

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14
Q

2 types of search?

A

Person

Strip

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15
Q

Section that governs rules for searches generally? What May you do?

A 
s 30.
May
- Run hands over outer clothing
- remove jacket, gloves, socks etc
- Examine anything in possession
- metal detector
- Anything authorised in act.
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16
Q

Strip search section?

A

s 31

17
Q

Strip search justification?

A

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.

18
Q

Section for rules on dignity?

A

s 32

19
Q

What must police inform person being searched of?

A
  • If required to remove clothing

- Why necessary

20
Q

What must ask for when searching?

A

Co-operation

21
Q

How must search be conducted?

A
  • Way affords reasonable privacy-

- Quickly as reasonable practicable.

22
Q

What type of search should be conducted?

A

Least invasive type

23
Q

If same sex searcher not available?

A 
delegate to a person of same sex or
- class prescribed by regulations.

Search to be conducted under direction of the Police Officer.

24
Q

Search while questioning?

A

No.

Questions about personal safety can be asked.

25
Q

Rules for strip searches section?

A

33

26
Q

What must comply with for strip search?

A
  • Private area
  • Not in presence of view of person of opposite sex
  • Not in presence or view of anyone not necessary for search
27
Q

Can parent/guardian be present?

A

Y, if person has no objection.

28
Q

How to search child between 10-18 or of impaired intellectual functioning?

A
  • 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

29
Q

How much clothes can you remove?

A

As much as reasonably necessary.

30
Q

Medical practitioner present?

A

If person doesn’t object.

31
Q

Can strip child under 10? Section?

A

N - S 34.

32
Q

What can ask person to do in strip search>

A 
Lift testicles
Part buttocks cheek
spread fingers and toes
lift breasts
move body
open mouth shake hair
squat
33
Q

What circumstances need to exist for a strip search outside of a place of custody or Police Station to be NECESSARY?

A

Urgent and serious circumstances

34
Q

Can you tell another Police officer to search?

A

Only in circumstances where you have passed the requiste jusitification to them for them to also be jusitified.

TOKA (9 decks)

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