Sections

Question 1

125

Answer 1

Obligations to give RAN when searching a person

Question 2

85

Answer 2

Default rub-down search power of a person post-arrest

Question 3

88

Answer 3

Warrantless search post-arrest for evidential material

Question 4

11

Answer 4

Warrantless custody search, must give RAN rights. Allows you to take all property and money for safekeeping.

Question 5

11(3)

Answer 5

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.

Question 6

92

Answer 6

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

Question 7

95

Answer 7

Outlines that persons under 14 years can’t consent to searches of places, vehicles, or other things. They must own it.

Question 8

93

Answer 8

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.

Question 9

94

Answer 9

Unlawful consent search - is unlawful if not outline by relevant sections (92, or 93, or under 95)

Question 10

131

Answer 10

RAIN obligations - done when searching a place, a vehicle, or other such thing.

Question 11

169

Answer 11

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?

Question 12

110

Answer 12

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.

Question 13

14

Answer 13

Warrantless entry to prevent offences or preserve life

Question 14

7

Answer 14

Warrantless entry to find person unlawfully at large. Must have RGTS they’re at large, and RGTB they’re in the place or vehicle.

Question 15

8

Answer 15

Warrantless entry to avoid loss of offender or CADD of EM

Question 16

83

Answer 16

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.

Question 17

84

Answer 17

Post-arrest warrantless entry to a VEHICLE to find EM related to the arrest if RGTB it will be CADD.

Question 18

123

Answer 18

Items in plain view may be seized

Question 19

112

Answer 19

Items of uncertain status may be seized

Question 20

29

Answer 20

Warrantless vehicle search for stolen property in a PUBLIC PLACE, must have RGTB property is in the vehicle.

Question 21

129

Answer 21

RAN rights needing to be given when stopping a vehicle

Question 22

128

Answer 22

Duty to remain stopped, for as long as reasonably necessary to exercise powers concerning the vehicle or its occupants

Question 23

122

Answer 23

Moving a vehicle for safe-keeping or search. Must have RGTB it’s necessary to move it for safekeeping.

Question 24

121
(1) and (2) also.

Answer 24

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

Question 25

9

Answer 25

Stopping a vehicle for a person unlawfully at large or who has committed an offence, to arrest the person.

Question 26

10

Answer 26

Powers/duties after a vehicle stop - once stopped, can ask ANYONE in vehicle for name, address, DOB if you have RGTS they’re at large or have committed an offence.

Also allows you to search vehicle for EM if the person sought has been arrested or is seen fleeing.

Question 27

30

Answer 27

Road blocks - authorisation from a Sergeant if you have RGTS a person is unlawfully at large/committed an offence, and RGTB they’re in the vehicle.

Question 28

32

Answer 28

Once a roadblock is established, this section allows you to Establish, Stop, Require, Search vehicle.