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WING 330 > SS01 Search & Surveillance > Flashcards

SS01 Search & Surveillance Flashcards

1
Q

Search and Surveillance Act 2012 Section 125

Person

A

Special rules about searching persons

may use any force that is reasonable for the purposes of the search;
may, in conducting the search, use any equipment or aid to facilitate the search, if it is used in a way that—
(i) involves no or minimal contact; and
(ii)is reasonable in the circumstances; and

may search any item that—

(i) the person is wearing or carrying; or
(ii) is in the person’s physical possession or immediate control; and

may seize any thing carried by the person or in the physical possession or immediate control of the person being searched if that thing is the subject of the search or may otherwise be lawfully seized;

Search and Surveillance Act 2012 Section 125
Outlines your obligation to give your name, the Act and your reason for search

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2
Q

Search and Surveillance Act 2012 Section 85

Person

A

Search and Surveillance Act 2012 Section 85

Rub down search of arrested or detained to ensure the person is not carrying items that can harm or facilitate escape.

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3
Q

Search and Surveillance Act 2012 Section 86

Person

A

Search and Surveillance Act 2012 Section 86
Things that can be done to facilitate a rub down search. Remove clothes to one layer above underwear. Coat , jacket, head coverings, gloves etc

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4
Q

Search and Surveillance Act 2012 Section 11

Person

A

Search and Surveillance Act 2012 Section 11
You may conduct a warrantless search of any person who has been taken into lawful custody and is or is to be locked up.
- At a police station.
- In other premises used for police purposes.
- In or about a police vehicle being used for police purposes
This can happen before the person is locked up.

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5
Q

Search and Surveillance Act 2012 Section 13

Person

A

Search and Surveillance Act 2012 Section 13
If you take money and/or items of property from a person you must return it to them once released from custody unless you seize it for evidence or if its proceeds of a crime.
The property must follow the prisoner when transferred to another agency.

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6
Q

Bill of Rights Act 1990 section 21

A

Bill of Rights Act 1990 section 21

Free from unreasonable search or seizure

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7
Q

Search and Surveillance Act 2012 Section 88

Person

A

Search and Surveillance Act 2012 Section 88
You may search a person arrested or detained for evidential material if you have Reasonable Grounds To Believe that person is hiding evidential material, has something that could harm any person or facilitate an escape.

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8
Q

Search and Surveillance Act 2012 Section 87

Person

A

Search and Surveillance Act 2012 Section 87
Rubdown search may include a visual examination, Look in mouth, nose, ears but you must not insert instrument or device. You may use a torch to illuminate any of those areas.

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9
Q

As long as reasonably necessary

A

Considers factors such as:
- The nature of the search.
- How intrusive the search is.
- Where and how the search was undertaken.
The time that’s reasonable to carry out the search and whats necessary to do to complete the search.

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10
Q

Search and surveillance is

A

The power to search, surveillance, detention, seizure, entry of property and vehicles.

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11
Q

Difference between RGTB and RGTS.

A

RGTB:means having a sound basis for believing that a situation or circumstance exists.

RGTS:means having a sound basis for suspecting that a situation or circumstance exists.

RGTB requires a higher standard of proof than that of RGTS

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12
Q

Search and Surveillance Act 2012 Section 131

PLACE, VEHICLE AND OTHER THING

A

Search and Surveillance Act 2012 Section 131Before initial entry to a PLACE, VEHICLE or OTHER THING
N - NAME, give your name or QID
A - ACT, state the Act you are using.
I - INTENTION, state your intent
R - REASON, state your reason
If not in uniform provide proof of identity.
not needed if no one is at the Place, Vehicle or Thing.

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13
Q

Search and Surveillance Act 2012 Section 169

A

Search and Surveillance Act 2012 Section 169
REPORTING USE OF POWERS.
When using a warrantless power of entry, search or surveillance you MUST report this by completing an online notification form.
Not required when: searching, entering under:
SECTIONS 85, 88, 11, 91-96, 14

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14
Q

Search and Surveillance Act 2012 Section 120

A

Search and Surveillance Act 2012 Section 120
Powers of search when suspect pursued
(Powers to pursue persons who flee)
(a)on apprehending the person or vehicle, search the person or vehicle; and

(b)enter any place for the purpose of apprehending the person or vehicle.

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15
Q

Search and Surveillance Act 2012 Section 7

PLACE, VEHICLE

A

Search and Surveillance Act 2012 Section 7

Entry without warrant to arrest person unlawfully at large

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16
Q

Search and Surveillance Act 2012 Section 8

PLACE, VEHICLE

A

Search and Surveillance Act 2012 Section 8
entry without warrant to avoid loss of offender or evidential material. You cannot search for the material just the offender.

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17
Q

Search and Surveillance Act 2012 Section 9

VEHICLE

A

Search and Surveillance Act 2012 Section 9

Stopping a vehicle to find persons unlawfully at large or who have committed certain offences. ( stop to arrest S9 = K9)

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18
Q

Search and Surveillance Act 2012 Section 10

VEHICLE

A

Search and Surveillance Act 2012 Section 10

Powers and duties of a constable after vehicle stopped.

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19
Q

Search and Surveillance Act 2012 Section 32

VEHICLE

A

Search and Surveillance Act 2012 Section 32
Authorised road blocks implemented without warrant (stop to K9, demand details from people suspected of committing an offence.)

20
Q

Search and Surveillance Act 2012 Section 121

VEHICLE

A

Search and Surveillance Act 2012 Section 121
Stopping vehicles with or without warrant for purposes of search

121 (1) Warrantless search (NAIR)
121 (2) Excute a search warrant

21
Q

Search and Surveillance Act 2012 Section 30

VEHICLE

A

Search and Surveillance Act 2012 Section 30

Obtaining authorisation for warrantless road block

22
Q

Search and Surveillance Act 2012 Section 117

place, vehicle, or other thing

A

Search and Surveillance Act 2012 Section 117

Special powers where application for search warrant pending (NAIR)

23
Q

Search and Surveillance Act 2012 Section 128

VEHICLE

A

Search and Surveillance Act 2012 Section 128

Duty to remain stopped (Vehicle)

24
Q

Search and Surveillance Act 2012 Section 122

VEHICLE

A

Search and Surveillance Act 2012 Section 122

Moving vehicles for purpose of search or safekeeping

25
Q

Search and Surveillance Act 2012 Section 123

PLACE, VEHICLE

A

Search and Surveillance Act 2012 Section 123

Seizure of items in plain view

26
Q

Search and Surveillance Act 2012 Section 83

PLACE

A

Search and Surveillance Act 2012 Section 83
Entry without warrant after arrest CADD
(1)This section applies if a person—
(a)arrests a person for an offence; and
(b)has reasonable grounds to believe that evidential material relating to the offence is at a place and that the evidential material will be destroyed, concealed, altered, or damaged if entry to that place is delayed to obtain a warrant.

(2)The person may enter the place without a warrant to search for the evidential material relating to the offence (whether or not the person was arrested there).

27
Q

Search and Surveillance Act 2012 Section 84

VEHICLE

A

Search and Surveillance Act 2012 Section 84
Warrantless entry and search of vehicle after arrest

A person to whom this subpart applies who has arrested a person and who has reasonable grounds to believe that evidential material relating to the offence for which the person was arrested is in or on a vehicle may enter and search it without a warrant.

28
Q

Search and Surveillance Act 2012 Section 29

VEHICLE

A

Search and Surveillance Act 2012 Section 29
Power to search vehicles without warrant for stolen property (A constable who has reasonable grounds to believe that any stolen property is in or on any vehicle may search it without a warrant.)

29
Q

Search and Surveillance Act 2012 Section 110

place, vehicle, or other thing

A

110 Search powers

What you can use, power, dogs, poer tools found on property etc…

30
Q

Search and Surveillance Act 2012 Section 20

PLACE, VEHICLE

A

Search and Surveillance Act 2012 Section 20
Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences ( enter and search a place or vehicle without a warrant)

31
Q

Search and Surveillance Act 2012 Section 21

PLACE, VEHICLE

A

Search and Surveillance Act 2012 Section 21
Warrantless searches of people found in or on places or vehicles (A constable conducting a search of a place or vehicle under section 20 may, without a warrant, search any person found in or on the place or vehicle.)

32
Q

Search and Surveillance Act 2012 Section 22

PERSON

A

Search and Surveillance Act 2012 Section 22
Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975 (search a person without a warrant)

33
Q

Search and Surveillance Act 2012 Section 27

A

Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected (offensive weapon)

34
Q

Search and Surveillance Act 2012 Section 28

A

Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected

35
Q

Search and Surveillance Act 2012 Section 18

A

Warrantless searches associated with arms

36
Q

Search and Surveillance Act 2012 Section 10

A

Powers and duties of constable after vehicle stopped

(a) Require any person in or on the vehicle who the constable has reasonable grounds to suspect is unlawfully at large or has committed an offence punishable by imprisonment to supply all or any of his or her
- name,
- address,
- other contact details,
- and date of birth:

(b) search the vehicle to locate the person referred to in section 9, if the constable has reasonable grounds to believe that the person is in or on the vehicle:
(c) search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under section 9, if the person referred to in section 9—

37
Q

Search and Surveillance Act 2012 Section 9

A

Stopping vehicle to find persons unlawfully at large or who have committed certain offences

A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds—

(a) to suspect that a person—
(i) is unlawfully at large; or
(ii) has committed an offence punishable by imprisonment; and

(b)to believe that the person is in or on the vehicle.

38
Q

Search and Surveillance Act 2012 Section 15

A

Entry without warrant to find and avoid loss of evidential material relating to certain offences.

A constable may enter and search a place without a warrant if he or she has reasonable grounds—
(a)to suspect that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and

(b) to believe—
(i) that evidential material relating to the offence is in that place; and

(ii) that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or damaged.

39
Q

Search and Surveillance Act 2012 Section 16

A

Searching people in public place without warrant for evidential material relating to certain offences.

A constable may search a person without a warrant in a public place if the constable has reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more.

40
Q

Search and Surveillance Act 2012 Section 17

A

Warrantless entry and search of vehicle for evidential material relating to certain offences

A constable may, without a warrant, enter and search a vehicle that is in a public place if he or she has reasonable grounds to believe that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle.

41
Q

Search and Surveillance Act 2012 Section 119

A

Powers of search by person who has power of arrest.

(1) If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get onto the vehicle, if the person conducting the search has reasonable grounds to believe that evidential material that is the object of the search is on that person.

(2) If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get into or onto the vehicle, if the person conducting the search—
(a) has reasonable grounds to suspect that the person is in possession of a dangerous item that poses a threat to safety; and
(b) believes that immediate action is needed to address that threat.

42
Q

Search and Surveillance Act 2012 Section 116 (secure and exclude)

A

Securing place, vehicle, or other thing to be searched

(1) The person carrying out a search may, in a manner and for a duration that is reasonable for the purposes of carrying out the search,—
(a) secure the place, vehicle, or other thing searched, any area in or on that place, vehicle, or other thing, or any thing found in or on that place, vehicle, or other thing:
(b) exclude any person from the place, vehicle, or other thing searched, or from any area within the place, vehicle, or other thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of any power under this subsection.

43
Q

Search and Surveillance Act 2012 Section 116 (2)

A

Securing place, vehicle, or other thing to be searched.

(2) A person who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,—
(a) identify himself or herself either by name or by unique identifier; and
(b) state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c) if not in Police uniform, produce evidence of his or her identity.

44
Q

Search and Surveillance Act 2012 Section 18

A

Warrantless searches associated with arms

(1) A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following:
(a) search the person:
(b) search any thing in the person’s possession or under his or her control (including a vehicle):
(c) enter a place or vehicle to carry out any activity under paragraph (a) or (b):
(d) seize and detain any arms found:
(e) seize and detain any licence under the Arms Act 1983 that is found.

(2) The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and—
(a) he or she is in breach of the Arms Act 1983; or
(b) he or she, by reason of his or her physical or mental condition (however caused),—
(i) is incapable of having proper control of the arms; or
(ii) may kill or cause bodily injury to any person; or
(c) that, under the Family Violence Act 2018,—
(i) a protection order or a police safety order is in force against the person; or
(ii) there are grounds to make an application against him or her for a protection order.

45
Q

Search and Surveillance Act 2012 Section 118

A

Powers of detention incidental to powers to search places and vehicles

(1) If any constable or other person, or a person assisting any constable or other person, exercises a search power in relation to a place or vehicle, that constable or other person may, for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search, detain any person—
(a) who is at the place or in or on the vehicle at the commencement of the search; or
(b) who arrives at the place or stops at, or enters, or tries to enter, the vehicle while the search is being carried out.
(2) A person may be detained under subsection (1) for any period that is reasonable, but not for longer than the duration of the search.
(3) A detention of any person commences under subsection (1) when the constable or other person exercising the search power directs that person to remain at the place or in or on the vehicle and ends when that person is told by the constable or other person, or a person assisting the constable or other person, exercising the search power that he or she is free to leave the place or vehicle.
(4) Reasonable force may be used for the purpose of effecting and continuing any detention under subsection (1).

WING 330 (35 decks)

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