Sections Flashcards
Section 123
You may seize any item found in plain view when searching if
You have RGTB that you could have seized the item under a SW or other search power
Section 121
stop any vehicle if you intend to search it
if you have authority to search the vehicle
By executing a SW or using a warrantless power
Section 118
Detain any person in relation to a place or vehicle
For the purposes of determining whether there is any connection between a person at the place
Or in or on the vehicle and the object of the search
Section 120
If you are in fresh pursuit
And with RGTB evidential material is still on a person
You have power to enter any place to apprehend the person
And search the person or vehicle
Section 15
Enter place and search
RGTS 14 year offence HB IB or IATBC
And
RGTB EM is in a place
And
If entry is delayed to obtain SW the EM will be CADD
Section 16
Search person
RGTB person in public place
Is in possession of EM relating to 14 year offence
Section 17
Enter and search vehicle
RGTB that EM relating to 14 year offence
Is in or on a vehicle in a public place
Section 48
The ability to invoke warrantless surveillance in situations of emergency or urgency such as:
Punishable by 14 years or more
Obtain EM in relation to the offence
An arms act 1983 offence
A drug offence
Or there is a situation which is:
Likely to cause injury or serious property loss/damage
Or presenting risk to life and safety
And surveillance is necessary to prevent offending from being committed or continuing
Section 19
Search any person found in the place or vehicle you are searching
Section 112
If you are carrying out a lawful search
And it is not reasonably practicable to determine whether any item can be lawfully seized you may
Remove items for examination or analysis off site
to determine if you can seize them lawfully
Any item you want to remove must be within the scope of the original search
