Searches Flashcards
Explain section 32 of LEPRA
Preservation of privacy & dignity during a search
- Request co-operation
- Only search persons of the same sex
- Offer privacy wherever possible
- Conduct least invasive search for the circumstances
- Conduct search as quickly as possible
- Explain if any clothing needs to be removed & why
- Not perform questioning while searching is being conducted
Whenever police exercise a power to search a person they must?
(HCCM)
H - Hold the state of mind required by LEPRA
C - Comply with the rules for searching in Section 32 & 33
C - Comply with the safeguard requirements in part 15
M - Make a contemporaneous record of the search
Explain the THIS principle
(THIS)
T - Time, date & place
H - History of the person & location
I - Intelligence available (Must be current)
S - Situation in which the interaction is taking place
Strip search means a search of a person or of articles in the possession of a person that may include?
a) Requiring the person to remove all of their cloths, and
b) An examination of the person’s body & cloths (but not of the persons body cavities)
What is Section 36 of LEPRA
Power to search vehicles & seize things without warrant
In conducting a search of a person, officers must follow Section 30 of LEPRA, list rules within this section
Rules for searches generally
- Quickly run hands over the person’s outer clothing
- Require the person to remove outer clothing, jacket & shoes
- Examine anything in the possession of the person
- Pass metal detector over the persons outer clothing
- Do anything authorised by this act for the purposes of the search
What is section 208 of LEPRA?
Search detained intoxicated persons
When can a person be strip searched?
a) At a police station or other place of detention, if the officer suspects on reasonable grounds that the strip search is necessary for the purpose of the search, or
b) In any other place. The officer suspects on reasonable grounds that the strip search is necessary for the purpose of the search & that the SERIOUSNESS & URGENCY of the circumstances make the strip search necessary at that place.
What is a strip search?
Anything search that goes beyond what is permitted by a person search is a strip search
Strip searches may or may not involve the removal of clothing
What is section 30 of LEPRA?
Rules for searching generally
What is section 31 of LEPRA?
Strip searches
What is section 32 of LEPRA?
Preservation of privacy & dignity during a search
What is section 33 of LEPRA?
Rules for conduct of a strip search
What is section 27 of LEPRA?
Power to carry out search on arrest
What is section 28A of LEPRA?
Power to carry search of person in lawful custody after arrest
