Sections Flashcards
Section 8
Entry without warrant to avoid loss of offender or evidential material:
Constables may enter place or vehicle to arrest suspect.
- suspect they have committed imprisonable offence
- believe the person is there
- believe that if entry is not effected immediately the suspect will leave or loss of evidential material by CADD: concealment, altered, destroyed or damaged.
Section 7
Entry without warrant to arrest person unlawfully at large:
- must suspect person is unlawfully at large
- must believe person is there
May enter search for and arrest.
Section 14
Warrentless entry to prevent offence or respond to risk to life or safety.
May enter place & vehicle without Warrent and take any action.
Section 110
Search powers:
Every search power authorises person exercising it:
- when authorised can enter & search place / vehicle / other thing and any items found in there.
- use reasonable force to search & seize
- seize anything that is subject of search or may be lawfully seized.
Section 125
When exercising a power to search a person, you must:
RAN
- Identify yourself
- Advise the act and
- Reason for search
Section 131
When using a search power in relation to a PLACE or VEHICLE or OTHER THING you must:
RAIN
- Identify yourself (NAME)
- Announce INTENTION to enter and search
- Provide warrant or state ACT
- State REASON for search
Section 11
Warrantless searches of people who are, or are to be, locked up in police custody:
Primary purpose is to remove persons money and property
RAN
Section 13
Property taken from people locked up in Police custody:
Property taken from a person under section 11 in custody must be returned on release unless it is evidence
Section 85
Rub down search of arrested or detained person:
May carry out a rubdown search when the person is arrested or detained under a statutory power of detention in order to ensure the person is not carrying anything that may be used:
- to harm any person, or
- to facilitate the person’s escape.
RAN
Section 83
Entry without warrant after arrest:
- Arrest a person for an offence, &
- have RGTB the evidential material relating to offence is at a place, &
- will be CADD if entry to that place is delayed.
RAIN + you may enter without warrant & search for evidential material relating to the offence.
Section 84
Warrantless entry and search of vehicle after arrest:
- Arrested a person for an offence, &
- RGTB evidential material relating to the offence is in or on a vehicle.
- You may enter and search it without a warrant.
Section 88
Warrantless search of arrested or detained person:
-RGTB anything on or carried by person who is arrested or detained under a statutory power that….
- may be used to harm any person, or
- may be used to facilitate the person’s escape, or
- is evidential material relating to the offence in respect of which the arrest is made or the person is detained.
RAN
Section 169
Reporting of exercise of powers within law enforcement agency:
-Any constable who exercises a warrantless entry power, search power, or surveillance power must provide a written report as soon as practicable after the exercise of the power.
A report is NOT required when:
- a rub down search under 85 or 88 in conjunction with arrest or detention.
- search of person in lawful custody under section 11.
- the exercise of any power of entry that does not also confer a power of search.
- a search undertaken by consent.
Section 18
Warrantless searches associated with arms
- May enter place or vehicle
- Search any person, place or vehicle
- seize and detain arms and licence found
-If a person is carrying or in possession of arms &
Is in breach of Arms Act 1983, or
- Is incapable of having proper control or may kill or cause bodily injury, or
- A Protection Order (PO) or PSO is in force against the person, or
- There are grounds for a PO application.
What are the three search power sections used without warrant for evidential material relating to certain offences?
s15
s16
s17
