Searching and Power of Entry

Question 0

What does section 20 PPP allow?

Answer 0

Entry to premises to :
A arrest someone for TOI offence
R recapture someone unlawfully at large whom you are pursuing
S saving limb and limb or prevent damage to property
E execute a warrant

You must have RG person you are seeking is on premises

Question 1

What should you think about before a person search?

Answer 1

Reactionary gap 
Have I got the grounds?
-searching for stolen or prohibited articles
Threat assessment 
Limitations/sensitivity

Question 2

What constitutes a premises?

Answer 2

Property
Vehicle 
Tent 
Vessel
Aircraft
Etc

Question 3

What is a summons?

Answer 3

A written authority to secure a persons attendance at court on specific day or time signed by JOP

Question 4

What is a warrant? And types?

Answer 4

A written order from the court commanding a constable to carry out a specific order
Arrest/commitment

Question 5

What reasons would you search a person after an arrest?

Answer 5

Section 35
D danger to themselves
I implement concealed
E evidence of offence concealed

Question 6

What are you restricted to ask a person to remove during search?

Answer 6

Jacket/coat
Headgear
Gloves
Open mouth

Question 7

Why would you arrest someone?

Answer 7

PD COP PLAN

So they are available to answer questions relating to an alleged or suspected offence

Question 8

What’s powers do we have for search after arrest?

Answer 8

Section 35 
Section 20
Section 21(1)
Section 21(5)
Section 22

Question 9

Outline section 21(1)

Answer 9

Power to enter a premises for offence TOI
Written authority prior to search
Must be premises occupied or controlled
Must have RG to believe you will find evidence relating to offence or similar offence also TOI
Authorises by inspector or above or sergeant in charge of station

Question 10

Outline section 21(5)

Answer 10

Power to enter premises 
Must have suspect with you
Prior to taking them to station
Offence TOI
Can search before written privilege
Must be able to justify why you need suspect with you for an effective investigation

Question 11

Outline section 35

Answer 11

Power to enter premises they were in at time of arrest or immediately prior to arrest
Any offence
Must reasonably believe you will find evidence of the offence arrested for only
Can search before written authority

Question 12

Outline section 22

Answer 12

Power to seize evidence found relating to separate offence
Or
The offence investigating
Or
Evidence obtained in consequence of commission of the offence

Question 13

If a premises consists of two or more dwellings a PC can search where?

Answer 13

Communal areas

Where you reasonably believe person your seeking will be