SS01-SS04 Search and Surveillance Act 2012 Flashcards
What does Section 131 of the SOSA require Police to do?
When carrying out a search on a place, vehicle or other thing you must advise the occupier of RAIN before the search starts.
Reason for the search - specific
Act - SOSO 2012 (you do not need to advise section number)
Intent - to enter and search the place, vehicle or other thing
Name - your name
What does Section 125 of the SOSA require Police to do?
When carrying out a search on a person, you must advise RAN before starting the search.
Reason
Act
Name
What force does S131 and S125 allow Police to have to enter or carry out the search? and does the force extend to cooperation for the search.
Reasonable force.
This does not mean overpowering a person to search using these sections. If someone is not allowing you to conduct the search then you gain cooperation by arresting them for obstruction after a warning, and using force to arrest if necessary under Section 39 Crimes Act 1961.
What does section 169 of the SOSA refer to?
Reporting of the use of powers under the SOSA by the end of shift at least.
Excludes sections 11, 14, 85, 88, 91-96, you do not need to report on these.
What does Section 14 of the SOSA refer to?
Warrantless entry to prevent offences and respond to risk to life or safety.
Allows Police to enter a vehicle or place without a warrant and take action if they have reasonable grounds to suspect that;
An offence is being committed or is about to be committed Or Injury to any person Or Serious damage to property Or Risk to life
What does Section 8 of the SOSA refer to?
Wanted persons, Entry without warrant to avoid loss of offender or evidential material (CADD)
What does CADD stand for?
Concealed
Altered
Damaged
Destroyed
What does Section 121 (1) of the SOSA refer to?
121 you can stop for a gun
The authority to stop a vehicle for the purpose of search without a warrant.
What does Section 29 of the SOSA refer to?
Power to search a vehicle without a warrant for stolen property in a public place.
What does Section 123 of the SOSA refer to?
Seizing of items in plain view when searching a house without a warrant
What does Section 85 of the SOSA refer to?
A rub-down search of a person arrested or detained.
For ensuring the person does not have anything on them that could harm any person or facilitate escape.
What does Section 88 of the SOSA refer to?
A rub-down search of a person arrested or detained. For the purpose of finding any evidential material from a specific offence.
What does Section 93 of the SOSA refer to?
Advice that must be given before a consent search is undertaken.
Advice the person for the reason of the proposed search.
Advise they can refuse the search at any time.
What does Section 11 of the SOSA refer to?
Warrantless search of people who are, or are who are to be locked up.
Includes police vehicles.
What does Section 13 of the SOSA refer to?
Property taken from person during custodial search (S11).
Property must be bagged and returned to the person once released, or transferred to other custody units with the person.
Unless its evidential material.
What does Section 15 of the SOSA refer to?
Entry without warrant to find and avoid loss of evidential material for serious offences (14 years imprisonment and up)
What does Section 83 of the SOSA refer to?
Entry without warrant after an arrest to find evidential material relating to the offence committed.
What does section 9 of the SOSA refer to?
Stopping a vehicle to find persons at large for arrest who have committed an imprisonable offence.
What does section 7 of the SOSA refer to?
Wanted persons - Warrantless entry to arrest person unlawfully at large
What does Section 121 (2) of the SOSA refer to?
The authority to stop a vehicle for the purpose of search with a warrant.
What does Section 110 of the SOSA refer to?
Powers incidental to search of place or vehicles - use anything at the place for the search, seize anything that is the subject of the search and anything lawfully able to be seized, use reasonable force on property only to search and seize.
What does section 116 of the SOSA refer to?
Securing the place, vehicle or other thing for for search.
You may exclude anyone from the area if you believe they will hinder the search or give reasonable directions.
Freeze, control, preserve
When must you provide RAN when exercising section 116 SOSA?
Only when someone affected by the search asks.
What does Section 118 of the SOSA refer to?
Allows to detain to determine connection to the target/evidential material.
Powers of detention incidental to searching place or vehicle, determining connection of person with place or vehicle being searched.
Who can you detain under section 118 SOSA?
Anyone at the place at the start of the search.
Anyone who arrives at the place while the search is being carried out.
Anyone who enters or tries to enter the area or vehicle while the search is being carried out.
What can you do if a previously detained person leaves the area? and what section covers that?
Arrest the person under section 176 of the SOSA, - leaving search location in breach of direction.
What does Section 122 of the SOSA refer to?
The moving of a vehicle for the purpose of safe keeping.
What does section 84 of the SOSA refer to?
Warrantless search of vehicle after arrest.
what does section 112 of the SOSA refer to?
Items of unsure status may be seized.
What do sections 91 to 96 of the SOSA refer to?
Consent searches.
Who can you search under section 119?
One nineteen - powers for people arriving at the scene.
Incidental to searching vehicle/places. Can detain and search people at, on, or arriving at the vehicle/place WHO MIGHT have weapons or material evidence.
What does Section 119 of the SOSA refer to?
Powers to search any person or vehicle in relation (arriving ) to the place you have a warrantless search power for.
Which is stronger in regards to exercising powers? reasonable grounds to suspect or reasonable grounds to believe?
Reasonable grounds to believe.
Believe - actually.
Suspect - likely.
When you are about to conduct a search under the SOSA, what are 2 exemptions where you do not have to RAN the person under section 125?
When impractical.
Multiple offenders or serious event unfolding.
when the person is already in custody after section 11.
What does section 117 of the SOSA refer to?
A scene can be held until.
6 hours have passed until scene hold started.
A judge denies a search warrant.
A judge approves a search warrant.
What does section 16 of the SOSA refer to?
The power to search people in a public place without a warrant for evidential material relating to a serious offence (14yrs +)
What does section 17 of the SOSA refer to?
The power to enter and search a vehicle for evidential material without a warrant, relating to a serious offence (14rs+)
What powers does Section 27 of the SASA 2012 give you?
Power to detain and search a person if you have reasonable grounds to suspect they have committed an offence under Section 202A (4) (a) Crimes Act 1961.
Note - 28 is vehicles
What powers does Section 28 of the SASA 2012 give you?
28 & 27 - Knives that send victims to heaven.
Power to search people (27) and places and vehicles (28) when have RGS possession of offensive weapons.
Is there a warrantless power under the SASA 2012 for offensive weapons in a private place?
No. A search warrant must be issued or another relevant SASA 2012 power like 15 or 8.
What does Section 18 of the SASA 2012 refer to?
Warrantless search, detain, seize of person, vehicle, place for arms.
To invoke Section 18 of the SASA 2012 must you have reasonable grounds to believe or suspect?
Suspect.
To invoke Sections 27 or 28 of the SASA 2012 must you have reasonable grounds to believe or suspect?
Suspect.
What must you have reasonable grounds to suspect of to invoke Section 18?
Breaching an offence in the Arms Act 1983
be the respondent or bound person of a PO or PSO.
Reason by his or her mental and physical condition are
Incapable of having proper control of the arms
OR
May kill or cause bodily harm to any person
What does Section 20 of the SASA 2012 refer to?
Warrantless search place or vehicle for controlled drugs if RGB possession.
Section 20: Warrantless search of places and vehicles in relation to some Misuse of Drugs Act offences
What does Section 21 of the SASA 2012 refer to?
Section 21 - Search of persons in a place or vehicle for controlled drugs when Section 20 is invoked.
What does Section 22 of the SASA 2012 refer to?
Section 22 - Search a person for controlled drugs.
Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
To invoke Sections 20, 21, 22 of the SASA 2012 must you have reasonable grounds to believe or suspect?
Believe.
Under Section 88, in order to search the person for items that relate to their arrest you must have …. that items are on them?
Reasonable grounds to Believe.
What is the purpose of a section 11 Search and Surveillance Act Search
Remove the detained person’s property and money for safe keeping and will include the removal of items that might harm themselves or others
You have required Natasha to accompany you back to the police station after conducting a breath test which she failed.
Identify the correct Search Power you would use to search Natasha
Section 85 Search and Surveillance Act
A lawful Search is a search that is conducted
Warrantless Search power.
With a Search Warrant.
With the person’s consent.
What is section 110 of the Search and Surveillance Act?
110(oh) - Tells you how to run the show.
Search powers and what you can do when exercising a search power
Section 125 outlines some of the rules when searching, basically obligation to RAN people. Are there any exemptions?
- Unless it is impracticable to do so in the circumstances.
2. If they are in custody. Section 11(3) if they’re already arrested/in the cells etc. no need to RAN.
What does Section 121 of the SOSA let you do?
121 - You can stop for a gun.
Stopping vehicles with or without warrant for purposes of search, e.g. Section 29 for stolen property
Allows you to stop a vehicle to carry out searches for ARMS, DRUGS, and OFFENSIVE WEAPONS
What threshold is there to enter and search a vehicle under S29 for stolen property?
29 - That vehicle’s got property of mine
Reasonable Grounds to BELIEVE that any stolen property is in or on any vehicle
Which Section of the SASA 2012 gives you the power to use force when entering a place, vehicle or other thing?
131
What thresholds must be met in order to enter and search under section 7?
SUSPECT the person is unlawfully at large and BELIEVE they are inside the place or vehicle
What threshold is there to enter and search a vehicle under S29 for stolen property?
29 - That vehicle’s got property of mine.
Reasonable grounds to believe that any stolen property is in or on any vehicle
Under section 88, in order to search the person for items that relate to their arrest you must have …. That they are on them.
Reasonable grounds to believe.
Under Section 83, Police may enter without warrant and search a place of a person that they have arrested if……
They have reasonable grounds to believe that evidential material relating to the offence is at a place and that evidential material will be destroyed, concealed, altered or damaged if entry to that place is delayed to obtain a warrant.
If an enforcement officer exercises a power to stop a vehicle, he or she must, immediately after stopping the vehicle…
RAN under section 129
129 Duty to provide information -vehicle
Under Section 83, Police may enter without warrant and search a place of a person that they have arrested if……
They have REASONABLE GROUNDS TO BELIEVE that evidential material relating to the offence is at a place and that evidential material will be destroyed, concealed, altered or damaged if entry to that place is delayed to obtain a warrant.
Explain section section 121 - you can stop for a gun
Section 121(1) - stopping a vehicle without a warrant for a search
Section 121(2) - stopping a vehicle to execute a search warrant
