SS00 Search Powers

Question 1

Section 20

Answer 1

Question 2

Section 21

Answer 2

Question 3

Section 22

Answer 3

Question 4

What drugs can you search for under ss20 and 22?

Answer 4

• Drugs in Schedule 1
• Drugs in Part 1 of Schedule 2
• Drugs in Part 1 of Schedule 3
• Percursor substance in Part 3 of Schedule 4

Question 5

Section 128

Answer 5

Question 6

Section 129

Answer 6

Question 7

Section 131

Answer 7

Search power relating to a place or vehicle or other thing then you must comply with this section by:

RAIN (reason, act, intention, name)

Unless - on reasonable grounds believe that no person is lawfully present in or on the place, vehicle or other thing OR that complying would endanger any person’s safety, prejudice the successful use of the search and entry power or prejudice ongoing investigations.

Question 8

Section 125

Answer 8

Search power relating to a person.

RAN (reason, Act, name)

“My name is Constable O’Byrne, I am going to search you under the Search and Surveillance Act 2012 to ensure you don’t have anything on you that could harm anyone or faciliate your escape”

Question 9

Section 169

Answer 9

Reporting use of powers when you use a warrantless power of entry, search or surveillance by way of completing an online notification.

Question 10

What exemptions apply to s169?

Answer 10

• search of a person following their arrest/detention (ss85 or 88)
• search of a person in lawful custody (s11)
• a consent search (ss91-96)
• the exercise of a power of entry that does not confer a power of serach (s14)

Question 11

Section 14

Answer 11

Question 12

Section 7

Answer 12

Question 13

Section 8

Answer 13

Question 14

Section 85

Answer 14

Question 15

What is something similar between ss85 and 88 and what is one main difference?

Answer 15

Both search powers are of persons following arrest/detention.

s85 reason for search is finding anything that may harm anyone or facilitate their escape.

s88 reason for search is as above AND reasonable grounds to believe they have evidential material on them.

Question 16

Section 88

Answer 16

Question 17

Section 11

Answer 17

Question 18

Section 11(3)

Answer 18

Question 19

What does ‘locked up’ mean in relation to custody searches?

Answer 19

“Locked up” means a person taken into lawful custody and being placed behind a closed or locked door that prevents them from leaving. Examples are a secure interview room, cell or charge room at a Police station or a vehicle used for Police purposes (other than being placed in a police vehicle only for the immediate purposes of transport).

Question 20

Section 13

Answer 20

Any property or money seized under s11 must be returned to the person when they are released from custody

UNLESS

You believe that the it may be given in evidence in proceedings against that person OR possession of the money/property constitutes an offence.

Question 21

Section 83

Answer 21

Question 22

Section 84

Answer 22

Question 23

Do you need to report a search under s121 and why?

Answer 23

No, the search is already reported via another search power (such as s7 or 8) which is the reason your stopping the vehicle.

Question 24

Section 9

Answer 24

Question 25

Section 27

Answer 25

Question 26

Section 28

Answer 26

Question 27

Section 18

Answer 27

Question 28

Section 15

Answer 28

Question 29

Section 16

Answer 29

Question 30

Section 17

Answer 30

Question 31

Section 116

Answer 31

Question 32

Two keys words relating to section 116 and the ability to exclude from and secure a scene?

Answer 32

On request AND affected by

Question 33

Section 118

Answer 33

Question 34

Section 119

Answer 34

Question 35

Section 176

Answer 35

Question 36

Section 177

Answer 36

Question 37

Section 32

Answer 37

Question 38

Section 121

Answer 38

Question 39

Section 30

Answer 39

Question 40

Section 110

Answer 40

Question 41

Section 10

Answer 41