Searching People

Question 0

What powers do you have to search people?

Answer 0

If a common law power exists (after arrest)
If a statutory power exists
If person consents

Question 1

What are the principles of stop and search?

Answer 1

Public trust
Legality
Effectiveness

Question 2

Give examples of statutory powers of search

Answer 2

Sec 60 civil government act- stolen property
Sec 23 misuse of drugs act- possession of drugs
Sec 50 criminal procedure act- bladed article in public place
Sec 48&49b offensive weapon in a public place
Sec 14 criminal procedure act- search a detained person.
Sec 21 criminal law consolidation act part 11- Search at sporting event

Question 3

What amounts to reasonable cause to suspect?

Answer 3

Seen- any evidence, drug paraphernalia etc
Heard- conversations
Actions- did they raise your suspicion?
Conversations- what did you say to them? Did something they say heighten your suspicion?
Knowledge- what is already known about the individual?
Smell- drugs?

Question 4

What are examples of voluntary search?

Answer 4

Before getting into nightclub

At a festival

Question 5

What are the purposes of a searching a detained or arrested person?

Answer 5

To secure evidence
Gain identification
Remove any item which could cause injury to the suspect, yourself or colleagues
Provide safe custody of prisoners property
Record any cash on prisoner which may be of interest to court

Question 6

What are the main reasons for stop and search?

Answer 6

To secure evidence

Ensure safety & security of suspects, the public, yourselves and colleagues