Sections Flashcards
7
RGTS a person is at large and RGTB a person is in the house..
Enter and search house for person.
8
RGTS person has committed an imprisonable offence and RGTB offender will escape if CADD..
Enter and search for person or CADD
9
RGTS person at large and has committed an imprisonable offence and RGTS they are in the vehicle..
Stop vehicle
10
After the vehicle is stopped by section 9..
Require their details, search the vehicle and persons in the vehicle
15
14+ year offences..
RGTS a 14+ year imprisonable offence has been committed and RGTB EM is in the place and if entry is delayed gaining a warrant risks CADD
Enter and search for EM
16
14+ year offences. RGTB person in a public place has EM on them.
Search person for evidential material
17
14+ year offences.
RGTB EM is in a vehicle in a public place.
Search the vehicle for EM.
18
Firearms.
RGTS offence against the arms act.
Search person, enter and search a place or vehicle for firearm or person with a firearm.
Seize any firearms
20
Drugs.
RGTS offence against MODA and RGTB it’s impractical to get a warrant and fears of CADD.
Enter a place or vehicle and search for drugs.
21
RGTS person committing offence against MODA.
Search person found in that place/vehicle under section 20
22
RGTS person committing an offence against MODA.
Search that person.
27
RGTS person in a public place has a weapon.
Search person for weapon.
28
RGTS persons vehicle has a weapon in a public place.
Search the vehicle and person.
83
RGTB CADD of EM in a place
After arrest can enter
84
RGTB CADD of EM in vehicle in a public place
After arrest can enter and search a vehicle.
112
Item of uncertain status (must be already exercising a search power)
Power to seize the item
117
RGTB CADD of EM. Can secure a place while obtaining a warrant.
Enter and secure the place. Secure any items/things/vehicles at the place.
Can not hold for longer than 6 hours.
121
Stop a vehicle without a warrant for purposes of a search.
If fears for CADD or warrant is obtained.
RAIN.
123
Items in plain view while exercising a search power or lawfully at a place or whilst conducting a search of a person.
Seize the item.
45
In an emergency, undertake surveillance while obtaining EM for 7+ year offence or arms act offence.
48 hours only.
46
Surveillance of curtilage with a surveillance device (can not trespass)
3 hours per 24 hours for up to 24 hours total.
46(1)(e)
Surveillance device warrant.
(Taking photos)
5
PURPOSE OF THE ACT
To facilitate the monitoring of compliance with the law and the investigation and prosecution of offences in a manner that is consistent with human rights values by:
- modernising the law of search and seizure and surveillance and take into account technologies.
- providing rules that recognise the importance of the rights and entitlements in other enactments.
- ensuring investigative tools are effective and adequate for law enforcement needs.
How to comply with section 5
PURPOSE OF THE ACT
To meet the objectives, police will:
- ensure there is lawful authority including use of force.
- conduct risk assessments to mitigate risks to public and police.
- only seize what police are entitled to seize.
- provide appropriate announcements and identification.
- satisfy requirements detailed in the act (notices, inventory etc)
91-96
Consent searches. One or more of these circumstances must exist to justify any consent search:
- prevent commission of an offence
- investigate whether an offence has been committed
- to protect life or property
- to prevent injury or harm
