Special Powers

Question 1

Section 112

Answer 1

Seize items of uncertain status.

If…..
You are exercising a search power.

You are uncertain….
* Whether any item found may lawfully be seized, and
* it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search takes place.

Powers….
Remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.

Question 2

Section 117

Answer 2

Special powers where application for search warrant pending.

If………
* A search warrant is about to be made, or
* has been made, and
* has not yet been granted or refused by an issuing officer, and
* the officer is present at the place or vehicle that is or is to be the subject of the application.

There must be RGTB Evidential material may be destroyed, concealed, altered, damaged, or removed before a decision is taken to grant or refuse the issue of a search warrant.

Powers…..
* ENTER – the place, vehicle, or other thing in respect of which authorisation to enter and search is being sought.
* SECURE – the place, vehicle, or other thing in respect of which authorisation to enter and search is being sought.
* SECURE – any item or items found at that place or in or on that vehicle or other thing.
* DIRECT – a person to assist with the entry and securing of the place or vehicle or other thing or the securing of items in it.

Question 3

Section 121

Answer 3

Stopping a vehicle with or without warrant for the purpose of a search.

If……
* Grounds to search the vehicle exist, or
* A warrant has been issued and is in force for the vehicle.

Power…..
STOP – the vehicle to conduct the search.

Question 4

Section 122

Answer 4

Moving vehicles for the purpose of a search or safekeeping.

(1) An enforcement officer may move a vehicle to another place if he or she finds or stops the vehicle and has lawful authority to search the vehicle, but it is impracticable to do so at that place.
(2) An enforcement officer who has the power to arrest persons may move a vehicle to another place if he or she finds or stops the vehicle and has reasonable grounds to believe that it is necessary to move the vehicle for safekeeping.

Question 5

Section 123

Answer 5

Seizure of items in plain view.

If you are….
* Exercising a search power; or
* lawfully in any place or in or on a vehicle; or
* conducting a lawful search of a person, and
* finds any item in the course of carrying out the search or as a result of observations at the place or in or on the vehicle.

RGTB
Could have seized the item or items under:
* any search warrant that could have been obtained by him or her under this Act or any other enactment; or
* any other search power exercisable by him or her under this Act or any other enactment.

Powers…..
* Seize the item