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.