Serous Offence Searches Flashcards
S116 (1) (a) - Secure place, vehicle or other thing
Whilst carrying out a search, for a reasonable duration and manner I MAY:
•Secure the place, vehicle or other thing, or any area in or on it.
•Secure any items found in/on the place, vehicle or other thing.
*Secure in this context means to freeze, control, preserve
S116 (1) (b) - Exclude person from place, vehicle or other thing
RGTB a person will obstruct/hinder a SASA power, I MAY for for a reasonable manner/duration:
•Exclude any person from the place, vehicle or other thing being searched, or any area within it
•Give any reasonable direction to a person
S116 (2) - Obligations on request by affected persons
If exercising an above power upon request by a affected person I MUST:
•Tell them my name
•State I am using SASA 2012
•Reason for the search, unless it’s impractical
•Proof of identity if not in uniform
S118 - Powers of detention incidental to powers to search places and vehicles
If I exercise a place/vehicle search power
AND
I need to determine if there is a connection between a person at the place/vehicle and the object of the search I MAY detain persons:
•Found at or in the place/vehicle
•Arrives at the place
•Stops/Enters/Tries to enter a the vehicle
When detaining I MAY:
1.Detain for a reasonable period, but no longer than the duration of the search
2.Use reasonable force to ensure the detention of the person at the search scene
NOTE: Detention starts when told to remain and ends when told free to leave.
If the person leaves the search scene whilst detained, power of arrest under S176 SASA 2012
S119 - Powers to search persons at a place or vehicle
Whilst exercising search of place/vehicle, I MAY search any person:
•Found at or in the place/vehicle
•Arrives at the place
•Stops/Enters/Tries to enter a the vehicle
IF:
-RGTB evidential material is on the person relating to the search
Or
-RGTB has possession of a dangerous item that poses a threat to safety, and believe immediate action required
I MUST return the property seized (unless it’s an offence to be in possession of):
•Once the search is completed
Or
•Satisfied no longer a threat to safety
S117 - Entry where a search warrant is pending
If a search warrant application is being made
AND
Application hasn’t been refused or granted
AND
RGTB before the search warrant evidence may become CADD or removed
Then in reasonable circumstances I MAY:
1.Enter, secure a place,vehicle or other thing
2.Secure items found there
3.Direct a person to assist with entry/securing
I may ONLY exercise the power until:
•Expiry of 6hrs after power first exercised
•Search warrant available for execution
•Search warrant application refused
Powers of arrest:
Failure to comply with 117 directions, power to arrest under 176 SASA 2012.
S15 - Entry without warrant to find and avoid loss of evidential material
RGTS an offence punishable by 14yrs+:
Has, is or about to be commited
AND RGTB:
Evidential material relating to offence is at the place AND if entry is delayed evidence may become CADD
I MAY:
Enter and search without warrant
S16 - Searching people in public place without warrant for evidential material relating to certain offences
Person in public place and RGTB:
Possession of evidence relating to offence punishable by 14yrs+
I MAY: Search without warrant
ALSO - Detain, Search, Seize
S17 - Warrantless entry and search of a vehicle for evidential material relating to certain offences
Vehicle in public place, RGTB:
Evidence relating to an offence punishable by 14yrs+ is in vehicle
I MAY: Enter and search without warrant
