Sections

Question 1

What is section 125 an umbrella for?

Answer 1

Searching people

Question 2

What is section 125(1)?

Answer 2

If a person exercises a power to search a person they must…

Question 3

What is section 125(1)(a)?

Answer 3

Must ID themselves by either name or unique identifier

Question 4

What is section 125(1)(b)?

Answer 4

Must state name of enactment they are searching under and reason for search unless impracticable to do so

Question 5

What is section 125(1)(d)?

Answer 5

May detain a person to enable the search for as long as necessary to complete the search

Question 6

What is the acronym used for section 125(1) and what does it mean.

Answer 6

NAR or RAN
Your name
Act you are searching under
Reason for your search

Question 7

What is section 125(1)(e)?

Answer 7

May use any force that is reasonable for the purpose of the search

Question 8

What is section 125(1)(i)?

Answer 8

You can search any item the person is wearing or carrying and also any item in the persons immediate possession or control

Question 9

What is section 131 an umbrella act for?

Answer 9

Searching places, vehicles and other things

Question 10

What is the acronym used for section 131 and what does it mean?

Answer 10

RAIN
reason for your search
Act you are searching under
Your intent
Your name

Question 11

What is section 131(3)?

Answer 11

Person using search power may use reasonable force to effect entry into place,vehicle or other thing

Question 12

What is section 110 an umbrella for?

Answer 12

Searching places, vehicles or other things

Question 13

What is section 110(c)?

Answer 13

Authorises the person exercising the search power to use any force in respect of any property that is reasonable for the purposes of carrying out any search and lawful seizure

Question 14

What is section 110(d)?

Answer 14

Authorises the person exercising the search power to seize anything that is the subject of the search or anything else that can be lawfully seized

Question 15

What is section 113?

Answer 15

Power to call upon any person to help you with the search and they operate under the callers directions

Question 16

What is section 169(1)?

Answer 16

Reporting the use of any warrantless search power, entry power or surveillance power to the commissioner as soon as practicable after using the power

Question 17

What is section 14(1)?

Answer 17

A warrantless entry power that can be used to enter any place or vehicle and take any action if a constable suspects on reasonable grounds that it is necessary to prevent an offence from being committed or continuing or to avert an emergency.

Question 18

What is section 14(2)?

Answer 18

Are the circumstances of the warrantless entry power which are if there is an offence being committed or about to be that would be likely to cause injury to any person or serious damage to any property. Also if there is a risk to the life or safety of any person that requires an emergency response

Question 19

What is section 7?

Answer 19

Entry without warrant to a place or vehicle to arrest someone unlawfully at large if the constable believes that the suspect is unlawfully at large and believes that the person is there

Question 20

What is section 8?

Answer 20

Entry without warrant to avoid loss of offender or evidential material.

Question 21

What is section 85?

Answer 21

A rub down search of an arrested or detained person to ensure that person is not carrying anything that could be used to harm any person or facilitate an escape

Question 22

What quote do you need to use for section 85 in an answer?

Answer 22

Harm any person or facilitate escape

Question 23

Do you need good cause to suspect to search under section 85?

Answer 23

No you don’t

Question 24

What is section 88?

Answer 24

A search power where anyone arrested or detained can be searched if on reasonable grounds they believe that person is carrying anything that may be used to harm someone or facilitate an escape, or has evidential material relating to an offence in respect of which the arrest is made or person is detained

Question 25

What is section 11?

Answer 25

A search of a person who are or about to be locked up in police custody

Question 26

What is a section 11s primary purpose?

Answer 26

A custody search for property and money

Question 27

What does section 11(3) allow?

Answer 27

You can search a person in custody again if they have been in close proximity with someone who hasn’t been searched by police.

Question 28

Under section 11 what are some examples of being locked up?

Answer 28

Police cell
Police vehicle (unless transport only)
Booze bus
New Year's Eve cage
Holding cell

Question 29

What is section 13?

Answer 29

Property taken from people who are locked up in police custody must be returned to them upon their release and it must follow them if they are transferred while still in custody. The exception to this is only if the constable believes the property may need to be given in evidence in court or if the possession of the property may constitute an offence.

Question 30

What is section 92?

Answer 30

Covers the purposes for which a consent search may be undertaken. Which are;
To prevent the commission of an offence
To protect life and property or to prevent injury or harm
Investigate if an offence has been committed
Any purpose in respect of which the enforcement officer could excessive a power of search conferred with an enactment, if they held a particular belief or suspicion specified in the enactment

Question 31

What is section 93?

Answer 31

Advice that must be given before a consent search can be undertaken. The advise is that;
You determine the search is authorised by section 92
Advise the person who you wish to gain consent from another the purpose of the search
Advise the person they can either consent or refuse the search

Question 32

What is section 94?

Answer 32

Are the circumstances for which a search by consent is unlawful which are;
It is not for a purpose set out in section 92
The officer fails to comply with section 93 (a), (b) and (c)
The search is don’t on the consent given by someone who is not authorised to give consent

Question 33

What is section 22?

Answer 33

Warrantless search power to search for controlled drugs and precursor substances

Question 34

When can you search under section 22?

Answer 34

When you believe on reasonable grounds they are in possession of a drug described in the Misuse of Drugs Act 1975

Question 35

What is section 21?

Answer 35

Warrantless search power of people found in or on places or vehicles

Question 36

What is section 20?

Answer 36

Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975

Question 37

What is section 27?

Answer 37

Searching people in public places without search warrant if offence against section 202(4)(a) of Crimes Act 1961 is suspected

Question 38

What is section 28?

Answer 38

Stopping and searching vehicles without warrant if offence against section 202A of the Crimes Act 1961 is suspected

Question 39

What is section 95?

Answer 39

Ability of persons under 14 years of age to give consent to searches of places, vehicles or other things

Question 40

What is the ability of a person under 14 years in regards to giving consent to search places, vehicles or other things?

Answer 40

They are unable to give consent unless they are the driver of a vehicle and no passenger is 14 years old or older

Question 41

What is section 96?

Answer 41

Exceptions to consent search rules

Question 42

What are the exceptions to the consent search rules?

Answer 42

Search as a condition of entry
Search conducted in accordance with a power from a enactment
Affect the rule of law relating to the implied licence to enter property

Question 43

What is section 91?

Answer 43

If you have a statutory power to search a person, place, vehicle or other thing you must use that power instead of gaining consent for a search