Searching by consent S.91 - S.96 Flashcards
Before conducting a search by consent you must determine the search is for one of the following reasons
- to prevent the commission of an offence
- to investigate whether an offence has been committed
- to protect life or property
- to prevent injury or harm
Before conducting a consent search you must advise the person
- of the reason for the proposed search
- they may consent or refuse to consent to the search
Can a person withdraw their consent
Yes, a person may withdraw their consent. If this happens, stop the search immediately unless you can invoke a warrantless search power to continue
Are consent searches desirable
Consent searches are not the most desirable option as there are additional rules that apply and must be followed for it to be lawful
Can a person under 14 consent to a consent search
A person under 14 years old is unable to consent to the search of a P, V or OT
UNLESS they are found driving with no passenger of or over 14 years of age with authority to consent to the vehicles search
Under SASA reporting requirements do you have to report a consent search
No
