SS01 Persons Flashcards
S125 S&SA2012?
Obligation (RAN)
When exercising a search power you must -
a) identify yourself by name or UI
b) advise of the Act and reason for search
c) produce ID if not in uniform
d) take as long as reasonably necessary
e) use reasonable force for entry
f) search any item, on or in their possession
j) seize any time, on or in their possession, subject of the search or that may be lawfully seized.
S85 S&SA2012?
Rub down search for arrested or detained.
- Search for anything that may be used to harm any person or facilitate escape
• run or Pat your hand over the body (any layer of clothing)
• open their mouth
• palm of hands
• soles of their feet
• lift or rub their hair (themselves)
S86 S&SA2012?
- Remove, raise, lower, open any outer clothing.
- remove any head coverings, gloves, footwear, socks, stockings.
S88 S&SA2012?
Warrantless search of arrested or detained for evidential material.
RGTBelieve the person is in possession of
- EM relating to the offence
- Harm any person or facilitate escape
S11 S&SA2012?
Warrantless search of people to be locked up in Police Custody.
- at any Police Station, premises used for Police purposes, Police vehicles.
- search for money and property for safe safekeeping and prevent harm
S13 S&SA2012?
Return of property and money
- unless it is being held for evidential material or
- unless they are going to another facility it goes with the facility
S92 S&SA2012?
Purposes of a consent search
a) to prevent the commission of an offence
b) to protect life or property, prevent injury or harm
c) to investigate whether an offence has been committed
d) any purpose of any enactment
S93 S&SA2012?
Advice to be given before consent search
a) determine that the purpose of the search is authorised by S92; and
b) advise the person of the reason for the search; and
c) advise the person they can consent or reject to the search at any time
S94 S&SA2012?
Circumstances where search by consent is unlawful
a) not for a purpose set out in S92
b) constable fails to comply with S93
c) consent is given by a person not authorised to give consent
S95 S&SA2012?
Under 14 years consent search
1) a person under 14 years cannot consent to a search of place, vehicle or other thing.
2) does not apply to a person under 14 years who is found driving a vehicle with no passenger over the age of 14 with authority to consent for a search.
S22 SaSA2012?
Search a person for drugs and precursor substances of offence against MODA1975
S21 SaSA2012?
Search people found in or on places or vehicles for Misuse of Drugs Act 1975 offences
S18 SaSA2012?
- enter and search places or vehicles for arms
- search person or anything in their possession for arms
- seize and detain any arms found
- seize and detain any licence
S27 S&SA2012?
Search person for offensive weapons RGTS
