SS01: Search and Surveillance Act 2012 Flashcards
What does R.A.N stand for in Section 125 of the Search and Surveillance Act 2012?
Reason for the search
Act that you’re searching under
Name of constable and station
What does Section 85 of the Search and Surveillance Act 2012 refer to?
That you MAY search that person to ensure they are not carrying anything that may be used to
- To harm any person; or
- Facilitate that persons escape
How can you search a person in Section 85 of the Search and Surveillance Act 2012?
Checking their pockets. Remove outer layers (gloves, hats, socks). Pat down outside of underclothing. Open mouth. Display palms/soles. Lift and rub hair.
What does Section 88 of the Search and Surveillance Act 2012 refer to?
A warrantless search of an arrested or detained person and have RGTB the person is carrying or (has on them) anything that
- may be used to harm any person
- facilitate the persons escape
- is evidential material in relation to offence arrested for
What does Section 11 of the Search and Surveillance Act refer to?
A warrantless search can be conducted on people who are about to be locked up in police custody. To protect detained persons property and remove items that may be used to harm themselves/others, before being locked up.
What does Section 13 of the Search and Surveillance Act 2012 refer to?
Any money or property taken under Section 11 must be returned.
Section 13 of the Search and Surveillance Act 2012, when does it not apply?
If the money/property may be given in evidence
or
Possession of that money/property constitutes an offence
What does Section 92 of the Search and Surveillance Act refer to?
A consent search of themselves, a place, a vehicle or a thing apparently in their control
For what purposes can Section 92 of the Search and Surveillance Act 2012 be carried out?
- To prevent the commission of an offence
- To investigate whether an offence has been committed
- To protect life or property
- To prevent injury or harm
IF you have statutory power, use it!!
What does Section 93 of the Search and Surveillance Act refer to?
That advice must be given before a consent search
What is the required advice set out in Section 93 in the Search and Surveillance Act 2012?
- Determine the search is for a purpose authorised by Section 92 AND
- Advice reason if proposed search AND
- Advice that they may consent to or refuse to be searched
What does Section 94 in the Search and Surveillance Act 2012 refer to and how does it apply?
A search by consent is unlawful if;
- It is not for a purpose set out in Section 92
- Fails to give required advice set out in Section 93
- Consent given by a person does not have authority to give consent
What does Section 95 of the Search and Surveillance Act 2012 refer to?
Any persons under 14 years old are unable to consent to the search of a
- Place
- Vehicle
- Other thing
UNLESS
They are driving a car
What does Section 22 of the Search and Surveillance Act 2012 refer to?
Warrantless power of search of a person for drugs. RGTB is in possession of a controlled drug
What does Section 18 of the Search and Surveillance Act 2012 refer to?
Warrantless power of search of a person for firearms. RGTS carrying firearms
