SS02 Places, Vehicles, Other Thing Flashcards
S131 S&SA2012?
Identification and Notice Requirement
Reason
Act
Intention (to enter and search)
Name
Use reasonable grounds to enter
Before or on initial entry
Exceptions include -
- if we have RGTBelieve nobody is home
- RGTBelieve it would be unsafe to do so
- it would prejudice the successful execution of the search
S110 S&SA2012?
Incidental Powers
a) to enter and search
b) request assistance
c) use reasonable force to any property
d) seize subject of the search and lawful seizure
e) bring and use equipment, our own or on the property, including electricity
f) bring and use enforcement dog
g) copy documents (lawful)
h) use reasonable measures to access computer systems, data storage etc
j) take photos and videos
S133 S&SA2012?
133 what did I take with me
Inventory Requirements
- Must leave an inventory sheet notifying of what was seized
S123 S&SA2012?
123 property I see
Seizure of items in plain view
STOP and consider, If I had known this was here, could I have -
- got a search warrant?
- gone into the place or vehicle with a warrantless search power?
If yes, seize the item.
S7 S&SA2012?
Entry without warrant to arrest person unlawfully at large
- suspect the person is unlawfully at large; and
- believe that person is in the place or vehicle
• unlawfully at large (prison, police custody, police vehicle, warrant to arrest)
S8 S&SA2012?
Warrantless entry to search for person who has committed an imprisonable offence
• with intention to arrest that person
1 of
- suspect that person committed an imprisonable offence, and
- believe the person is in the place or vehicle
- believe that if we don’t go in and arrest them now they will leave to avoid arrest; and/or
- believe that CADD will occur
CAN ONLY SEARCH WHERE A PERSON WOULD BE
What does CADD mean?
Concealed
Altered
Damaged
Destroyed
S83 S&SA2012?
Enter and search a place for evidential material relating to an arrest
Must
- can’t use 83 unless we have an arrest; and
- we believe CADD will occur
Only officers involved in the arrest can do S83 and S84
S84 S&SA2012?
Entry and search of vehicle
- if we have RGTBelieve that evidential material relating to the offence for which the person was arrested is in or on a vehicle.
S29 S&SA2012?
Search for stolen property
- in a vehicle if you have RGTBelieve
S169 S&SA2012?
169 Reporting time
Report use of warrantless power (enter and search, surveillance)
Before end of shift, as soon as practicable.
Not applicable
a) S85, S88 rubdown
b) S11 custody search
c) power of entry does not include search
d) consent search
S14 S&SA2012?
14 emergency kick down your door
Warrantless entry to prevent offences or respond to risk of life or safety
- any place or vehicle
- prevent an offence being committed, or likely to be committed, likely to cause
• injury to any person
or
• serious damage to, or serious loss of, any property. - there is a risk to the life or safety of any person that requires an emergency response
S117 S&SA2012?
117 Between 5 and 11
Allows you to secure a place or vehicle for 6 hours when a search warrant is being applied for
What is S120? SaSA
Whilst in fresh pursuit, and with RGTB that relevant evidential material is still on the person, you have the power to enter and place to apprehend the person and search the person or vehicle
S20 SaSA2012?
Search places and vehicles in relation to some MODA 1975 offences
