SS01 - SEARCH AND PEOPLE Flashcards
SECTION 125
obligation when searching persons = RAN
Reason
Act
Name
EXCEPTIONS
- impracticable to do so
- they’re in custody already s11
SECTION 85
ARRESTED / DETAINED / HARM and ESCAPE
Rub-down search of arrested/detained
SECTION 88
BELIEVE EM / HARM and ESCAPE / ARRESTED OR DETAINED
SECTION 11
CUSTODY / PROPERTY & MONEY / SAFEKEEPING
SECTION 13
RETURN PROPERTY TAKEN S11
SECTION 92
CONSENT SEARCH
What Sections are used for people search?
- Post K9 = S85/88
- Post detention = S85
- Custody search = S11
- Consent search = S93
SECTION 93
Advise person of consent search the purpose S92, the reason AND that they may consent or refuse
PROCESS OF PERSON SEARCH
- ARREST FOR OFFENCE
- CAUTION RIGHTS
- RAN
- SEARCH
SECTION 169
REPORTING USE OF WARRANTLESS POWERS
When you use a warrantless power of entry/search/surveillance it must be reported as soon as practicable.
When do you NOT need to report on S169?
- Search of person following arrest (S85 &s88)
- Person in lawful custody (S11)
- Consent search (S91-96)
- Power of entry that doesn’t confer power of search (S14)