Sections Flashcards
What is section 85 of the search and surveillance act?
You can rub down any detained or arrested person to ensure they are not carrying something that may harm another or facilitate escape
What is section 88 of the search and surveillance act
You may search someone if you BELIEVE they are carrying something that could be evidential in court
What is section 86 of the search and surveillance act
Can remove, raise or lower any outer layer of clothing for a search
What is section 11 of the search and surveillance act
Officer can confiscate property or money off suspect in order to keep them safe.
What is section 13 of the search and surveillance act
Officer must return confiscated items once offender is released. If they are moved to a new prison, the gear must go with them
What is section 169 of the search and surveillance act?
If you use a warrant less search or entry, then you must compete an online notification form as soon as possible. Exceptions to section 85 and 88
What is section 14 of the search and surveillance act?
If you have reasonable grounds to suspect an offence has happened or will happen or a person is in danger, you can enter a vehicle or property
What is section 7 of the search and surveillance act?
If you have reasonable grounds to suspect a person is at large
AND
You believe the person may be at large you can enter without warrant
What is section 8 of the search and surveillance act?
If you suspect someone has committed an offence punishable by prison
AND
Believe they are present in the location
AND
That if you don’t search ASAP the evidence will leave and will be Concealed, Altered, Damaged or Destroyed you can search
What is section 83 of the search and surveillance act?
If you arrest someone and have reasonable grounds to believe there is evidential property that could be cADD, you can go to that person’s property and look for that item. Must be arresting officer or supporting arresting officer
What does CADD stand for under the search and surveillance act
Concealed
Altered
Damaged
Destroyed
What is section 84 of the search and surveillance act?
If you suspect a person of ship lifting in a public place, you can search their vehicle for that item
What is section 123 of the search and surveillance act?
You may seize any item in plain view
What is section 112 of the search and surveillance act?
If you are unsure of an item you may think may be illegal, eg drugs, you can take it to be searched
What is section 29 of the search and surveillance act?
If you have reasonable grounds to believe there is any stolen property in the vehicle, you may search it without warrant
What is section 13 of the search and surveillance act
Must return items to person once released
What is section 9 of the search and surveillance act
Vehicle K9 and imprisonable offence and search vehicle
What is section 113 of the search and surveillance act
Come help me. Can use support during your search
What is section 121 of the search and surveillance act
Can stop a vehicle
What is section 127 of the search and surveillance act
Can search a vehicle in a private residence
What is section 131 of the search and surveillance act
Must go through rain process prior to searching
Are there any exceptions are there to using RAN?
2
If in custody and 11 is already used.
If it is not practical to do so. IE, taking a weapon in a major fight
What is section 110 of the SAS act?
Allows you to use reasonable force to search and lawfully seize
What is section 27 of the search and surveillance act?
You have the right to search someone for an offensive weapon without warrant if you have good cause to suspect. Have to do DETAIN bill of rights prior to search
What is section 18 of the search and surveillance act?
The power to go in and remove firearms
What is section 128 of the SAS act?
The offender has to wait until the search is complete. Can’t leave before the search is complete or can be arrested
What is section 15 of the search and surveillance act?
You may enter a premise without warrant if you have reasonable grounds to suspect that an offence punishable by 14 or more years has and you have reasonable grounds to believe CADD will occur
What is section 16 of the search and surveillance act?
Power to search someone for evidential material relating to an offence worth 14 or more years in prison
What is section 17 of the search and surveillance act?
Warrant less entry and search of a vehicle for evidential material relating to an offence of 14+ years
What is section 116 of the search and surveillance act?
Secure the scene for a search and exclude anyone from entering the area. If someone needs to know info tell them the minimum unspecific info
What is section 118 of the search and surveillance act?
If a person enters a place or vehicle which you are searching, you can detain them to determine whether they are linked to the suspected offence
What is section 119 of the search and surveillance act?
Continues on from 118. You can search the person who has entered your search zone if you have suspicion and the initial search was unsuccessful
