Searching People Flashcards
What obligations must you fulfill before searching a person?
125 RAN - Name, Reason, Act
What is a s85 search?
Post-arrest standard rub-down search. Give RAN rights.
“Will be searching you for anything that may harm any person or facilitate in your escape”
What is a s88 search?
Post-arrest search for evidential material.
Give RAN rights.
“Will be searching you for anything that may harm any person or facilitate in your escape, or any evidential material relating to the offence.”
Must specify what the EM is - no fishing.
What reason do you need to do a s85 search?
None - it’s a search by right post-k9.
What reason do you need to do a s88 search?
RGTB that they’re carrying EM related to the offence they’re being arrested for.
What is a s11 search? What are your obligations
Custody search, to take all property and money for safekeeping.
Must give RAN rights.
What is a s11(3) search? Obligations?
Post lock-up search.
Need RGTS they were close to someone in or out of lockup who hasn’t been searched.
Or RGTB they have something harmful.
No need to give RAN.
s92 outlines the purposes for which a consent search can take place. What are these?
- To prevent an offence
- To investigate if an offence has been committed.
- Protect life or property
- Prevent injury or harm
For consent searches, what does s95 outline?
That anyone under 14 cannot consent to a search of a place, vehicle, other thing. They must own it.
s93 of consent searches outlines the advice you must give. What are these obligations?
No need for RAN as it’s a consent search.
Will need to determine the search is lawful and for the purposes under s92, AND advise of the reason of the search, AND advise that they can consent or refuse.
When is a consent search unlawful as outlined by s94?
Consent search is unlawful if not outlined under s92 purposes, or if you fail to give s93 advice, or under s95 consent is given by someone who legally cannot consent.
