SS01 - Search & Surveillance act 2012

Question 1

“All searches must be…”

Answer 1

Lawful & Reasonable

Question 2

You may only conduct a search if it is authorised by legislation. What does this mean?

Answer 2

This means you must always either:

• execute a search warrant, or
• exercise a warrantless power, or
• conduct a consent search

Question 3

When must you apply for a search warrant?

Answer 3

Must apply for a search warrant if you do not believe that the delay in obtaining a search warrant will make it impracticable to achieve your purpose in exercising the power.

Question 4

When is it best to use warrantless powers?

Answer 4

Should use the relevant warrantless power if you believe that the immediate exercise of the power is necessary to achieve it’s purpose (e.g. obtaining evidence, protecting life or safety or arresting a person)

Question 5

Why are consent searches NOT the most desirable action?

Answer 5

They are NOT the most desirable action because consent can be withdrawn at any time and if not conducted in accordance with the Act, a consent search may be unlawful.

Question 6

When using a search power in relation to a place or vehicle or other thing (with or without a warrant), what series of identification and notice requirements must you comply with?

Answer 6

Before initial entry into or onto the place you must “RAIN”:

• Reason for Search
• Act in which your power to search is from
• what you Intend to do or search for?
• your Name, identify yourself or provide proof of identity if you’re not in uniform

Question 7

When are you NOT required to RAIN someone?

Answer 7

• No person is lawfully present in or on the place, vehicle or other thing to be searched
• If complying with the requirements would
  > endanger any person’s safety
  > prejudice the successful use of search
  > prejudice ongoing investigations

Question 8

What does Section 85 of the Search and Surveillance Act 2012 relate to?

Answer 8

Rub-down search of arrested or detained person(s)

Question 9

What does Section 88 of the Search and Surveillance Act 2012 relate to?

Answer 9

Warrantless search of arrested or detained person(s) if you BELIEVE the person is carrying or if you are searching for something specific.

Question 10

What does Section 11 of the Search and Surveillance Act 2012 relate to?

Answer 10

Warrantless searches of people who are, or are to be locked up in Police custody
- removing property & money for safekeeping

Question 11

What does Section 13 of the Search and Surveillance Act 2012 relate to?

Answer 11

Property taken from people under section 11 of the SASA 2012

- must be returned to the person once released from custody