Searching Places & Vehicles Flashcards
When searching a place or vehicle, what obligations do you have to fulfill?
131 RAIN - state intent to search the place/vehicle as well.
When are you not required to give RAIN rights?
If you have RGTB no one is lawfully present, or giving RAIN would endanger someone’s safety; prefudice successful use of the search and entry power; prejudice ongoing investigations.
What is a POL1725 form?
When someone is not present for the search, must leave a POL1725 form, or a copy of the search warrant, at the place.
What is s169?
Notification/reporting use of powers.
What must a s169 notification contain?
Summary of circumstances
Reasons for using a warrantless power
If any EM was seized
If any criminal proceedings are being considered as a result of EM seized
When do you not have to fulfill s169 reporting notification?
Generally incidents where someone has lost their liberty, or consented:
- post-arrest (85, 88)
- s11 custody search
- consent searches (91-96)
- exercise of entry power that doesn’t confer a search power e.g. s14 (preserve life)
What is s110 of the Act?
Outlines powers incidental to search, it’s not a search power in itself.
Allows you to:
- enter and search
- seize
- bring and use equipment
- use reasonable force on property
- request assistance
What is s14?
Warrantless entry to a place or vehicle to preserve life or prevent offences.
What are the required reasons before entering a place under s14 to preserve life or prevent an offence?
RGTS that inside the vehicle or place, an offence IS, or is ABOUT to be committed that would cause injury to someone or serious damage/loss to property. OR, there’s risk of injury/safety to someone.
What is s7 of the Act?
Warrantless entry to search for someone unlawfully at large.
What are the required reasons before entering a place/vehicle to find someone unlawfully at large?
RGTS that they’re at large AND have RGTB they’re in the vehicle/place you want to search.
