Searching People Flashcards
Section 125 - SASA 2012
Rules/Obligations when searching people:
Name - I am constable Kyle Read
Intent - I intend to search you
Act - Under the search and surveillance act 2012
Reason - To ensure…
S85 - SASA 2012
I can do a Rub down search of Arrested/Detained to ensure the person has nothing that:
•May harm any person
Or
•Facilitate your escape
S85(2) - SASA 2012
I can do a pat down search over the body, and go into pockets.
I can get the person too:
Open their mouth, lift or rub hair, display palms of hands, display soles of feet.
S86 - SASA 2012
Things that can be done to help a rub down search:
•Get them to remove, lift, lower outer clothing for example a hoodie
•Get them to remove head covering, gloves, footwear, socks etc
S87 - SASA 2012
Rub down search may include visual examination of:
•The mouth, nose and ears
•I can use a torch to illuminate these areas
S88 - SASA 2012
Warrantless search Arrested/Detained for evidential material if I have RGTB they have:
•Evidential material relating to the offence in respect of which the arrest is made or the person is detained.
•Anything that may harm any person or facilitate their escape.
S11 - SASA 2012
I may conduct a warrantless search of people who are, are to be, locked up in Police custody:
At a police station, or in a vehicle used for police purpose or at another place being used for police
S11(3) - SASA 2012
I may also conduct a search after locked up if:
•Person not searched before locked up
•RGTS they have been close to a person locked up but not searched, or a person not locked up
•RGTB the person has anything on them that may harm any person
S13 - SASA 2012
When I take property I must return upon release unless:
•Any property may need to be given in evidence
Or
•Possession of the property may be a offence
S13 (PART 2) - SASA 2012
If custody is being transferred I must give property too:
•Person who is taking over custody or person in charge of the facility
•Unless any of the above points apply
S91 - SASA 2012
Rules of consent searches:
I must use statutory powers if I can use them instead of consent searches.
S92 - SASA 2012
Purposes for when consent searches can be done:
•To prevent the commission of an offence
•To investigate wether an offence has been committed
•To protect life/property
•To prevent injury/harm
S92 (PART 2) - SASA 2012
I may ask a person to consent to a search of:
themselves, a place, vehicle or anything in their control
S93 - SASA 2012
Advice to be given before consent search:
•determine it is for a s92 purpose
•Advise person of the reason for the proposed search
•Advise person they can consent or refuse to be searched
S94 - SASA 2012
When consent search is unlawful:
•Not for a s92 purpose
•Fail to give s93 advice
•Consent given by person with no authority
S95
Persons under 14 are unable to consent to search of:
•A place, vehicle or other thing.
S96 - SASA 2012
Exceptions to consent searches rules, s92-95 do not:
•Apply to statutory search powers
•Apply to search as entry to any public/private place
•Affect the rule of law to the implied licence to enter the property
