Searching People (SS01)

Question 1

Section 125

Answer 1

Obligation to exercise search power (NOT A SEARCH POWER)

Question 2

What is R.A.N?

Answer 2

Reason • Act • Name

• Identify yourself
• Advise the person being searched
• Provide evidence of your identity if not in uniform
• Provide list of items seized and give copy to person searched

“My name is constable…”
“Under the Searxh and Surveillance Act 2012 I am going to search you”
“The reason is to ensure you don’t have anything that may harm you or any person or help facilitate your escape”

Question 3

Section 85

Answer 3

Rub down search of arrested or detained person

• Reasonable Grounds To Suspect (RGTS)

Question 4

Section 88

Answer 4

Warrantless search for evidential material

• Reasonable Grounds To Believe (RTGB)

Question 5

Section 11

Answer 5

Warrantless searches of people who are to be locked up in Police custody

Question 6

Section 92

Answer 6

Consent Searches

Question 7

Section 93 of the SASA 2012 Consent Searches

Answer 7

Advice must be given before search undertaken.

• Determine the search is for purpose authorised by s92
• Advise the person of the reason for the proposed search
• Advise the person that they may either consent to be searched or refuse to be searched

Question 8

Section 94

Answer 8

A search by consent if unlawful if:

• It is not for purpose set out in s92
• You fail to give required advice as set out in s93
• Consent is given but a person who doesn’t have authority or consent to do so

Question 9

Section 95

Answer 9

Ability of persons under 14 years to consent to searches of places, vehicle and other things.