Searching Places And Vehilces ✅ Flashcards
Section 169 - Reporting use of powers - SASA 2012
I must complete a notification form at the end of my shift when using powers.
I do not report on: s85-88, s11, s91-96, s14
Section 131 - Obligations
Advise:
Name - I constable Kyle Read
Intent - I intend to enter and search
Act - Under the search and surveillance act 2012
Reason - …
I am not required to give NIAR if I have RGTB:
•No person is present
•Complying with these requirements would endanger safety, prejudice investigations or successful use of search and entry power
Section 110 - Every search power allows me too - SASA 2012
Every search power authorises me to:
•Enter and search
•Request assistance
•Use reasonable force
•Seize
•Bring and use
•Take
•Copy
Section 133 - Inventory of items seized - SASA 2012
If I seize anything as a result of a search I must:
•Supply a warrantless/warrant search notice
•An inventory specifying what has been seized
*NO MORE THAN 7 DAYS
*IF PERSON NOT PRESENT LEAVE IN PROMINENT POSITION
Section 14 - Warrantless entry to prevent an offence or respond to risk to life or safety - SASA 2012
If I have RGTS in relation to a place or vehicle a offence may or has been committed that would cause:
•Injury to anyone
•Serious damage or loss of property
•Risk to the life or safety of any person that requires an emergency response
I may:
•Enter the place/vehicle without warrant
•Take action that I believe is necessary to prevent:
Offending, to avert the emergency
Section 7 - Entry without warrant to arrest person unlawfully at large - SASA 2012
If I have reasonable grounds to:
SUSPECT a person is unlawfully at large (wanted)
BELIEVE THE PERSON IS IN A PLACE OR VEHICLE
I can: Enter the place without warrant to search and arrest
Section 8 - Entry without warrant to avoid loss of offender or evidential material - SASA 2012
I have RGT:
•SUSPECT the person has committed an imprisonable offence
•BELIEVE the person is in a place/vehicle and
•BELIEVE if entry is not done immediately, either or both will occur:
-the person will leave to avoid arrest
-Evidential material relating to the offence will be CADD
I can: enter the thing without warrant, to search and arrest the person I suspect has committed the offence
Section 83 - Entry without warrant after arrest - SASA 2012
After arresting if I have RGTB:
Evidential material relating to the arrest is at the place
And if entry is delayed to gain a search warrant, evidence may become CADD
I MAY: Enter that place without warrant to search for evidence
Section 84 - Warrantless entry and search of vehicle after arrest
After arrest If I have RGTB:
Evidential material relating to the offence and arrest is in the vehicle.
I MAY:
Enter and search that vehicle for evidence without warrant
Section 29 - Power to search vehicles without warrant for stolen property - SASA 2012
If I have RGTB:
•Any stolen property is in or on any vehicle.
I MAY: Search the vehicle without warrant
*Power is intended for searching in a public place
Section 112 - Items of uncertain status may be seized - SASA 2012
When exercising a search power and:
•You are uncertain whether any item found may be lawfully seized
AND
•It is not reasonably practical to determine whether the item can be seized at the place or vehicle where the search takes place
I CAN: Remove the item for analysis or examination to determine whether it may be lawfully seized.
Section 123 - Seizure of items in plain view - SASA 2012
When I am searching anything, or lawfully in an place or vehicle
I may seize any items I find:
•In the course of carrying out that search
Or
•as a result of observations that are of uncertain status
And I have RGTB I could have seized the item under:
•any search warrant or other search power
