Sections Flashcards
125
Obligations to give RAN when searching a person
85
Default rub-down search power of a person post-arrest
88
Warrantless search post-arrest for evidential material
11
Warrantless custody search, must give RAN rights. Allows you to take all property and money for safekeeping.
11(3)
Post-lockup search. No RAN rights needed. Can do this search if RGTS they were close to someone in/out of lockup who hasn’t been searched. Or, RGTB they have something harmful.
92
Consent Search purposes. Outlines when a consent search can take place:
- prevent an offence
- investigate if an offence has been committed
- protect life or property
- prevent injury or harm
95
Outlines that persons under 14 years can’t consent to searches of places, vehicles, or other things. They must own it.
93
Consent search - advice that must be given.
Don’t need to give RAN.
Before you do the search must make sure it’s lawful; advise reason of search; advise that it’s optional.
94
Unlawful consent search - is unlawful if not outline by relevant sections (92, or 93, or under 95)
131
RAIN obligations - done when searching a place, a vehicle, or other such thing.
169
Reporting use of powers - use OnDuty
Notification will contain:
- Summary of circumstances
- Reasons for using warrantless power
- If any evidential material was seized
- Have any criminal proceedings been considered as a result of the EM seized?
110
Powers incidental to search - not a search power by itself. It’s the “umbrella” covering default powers given when exercising a search power with/without a warrant.
14
Warrantless entry to prevent offences or preserve life
7
Warrantless entry to find person unlawfully at large. Must have RGTS they’re at large, and RGTB they’re in the place or vehicle.
8
Warrantless entry to avoid loss of offender or CADD of EM
83
Post-arrest warrantless entry to a PLACE for EM after arresting someone, if you have RGTB the EM will be CADD, even if the person was not arrested there.
84
Post-arrest warrantless entry to a VEHICLE to find EM related to the arrest if RGTB it will be CADD.
123
Items in plain view may be seized
112
Items of uncertain status may be seized
29
Warrantless vehicle search for stolen property in a PUBLIC PLACE, must have RGTB property is in the vehicle.
129
RAN rights needing to be given when stopping a vehicle
128
Duty to remain stopped, for as long as reasonably necessary to exercise powers concerning the vehicle or its occupants
122
Moving a vehicle for safe-keeping or search. Must have RGTB it’s necessary to move it for safekeeping.
121
(1) and (2) also.
Stopping power for a vehicle to do a search. It’s an umbrella power only, not a search power, so use this power in conjunction with another.
(1) is stopping w/out a warrant to conduct a search
(2) is stopping to execute a warrant issued
