SS02 Search Places and Vehicles Flashcards
Section 131
Identification and notice requirements
Requires us to RAIN
R - Reason
A - Act
I - Intention
N - Name
Note: This is not necessary if you have reasonable grounds to believe no one is lawfully present OR if complying with these requirements would endanger someone’s safety or prejudice the search.
Section 110
Powers incidental to search
Including -
- Entering and searching
- Requesting assitance
- Using reasonable force
- Seizing anything subject to the search or what which may be lawfully seized
- Copy documents
- Use things at the place to help in the search
- Take photos
Section 14
Warrantless entry to prevent offences or respond to risk of life or safety
Enter and take any action you believe is reasonably necessary to prevent the offending from being committed or continuing; OR
Avert the emergency
If -
Offence is being committed or about to be commited that would likely cause (a) injury or (b) serious damage or loss of property; OR
Risk to life or safety of any person that requires an emergency response
Section 7
Entry without warrant to arrest person unlawfully at large
Enter a place or vehicle to search for that person and arrest them
If -
Suspect person is unlawfully at large; AND
Believe that person is in a place or vehicle
Section 8
Entry without warrant to avoid loss of offender or evidential material
Enter and search for a person to arrest them
If -
Suspect person commited an imprisonable offence; AND
Believe that person is in a place or vehicle; AND
Believe that if not effected immediately the person will (a) leave to avoid arrest or (b) CADD evidence
Section 83
Entry without warrant after arrest
Enter to search for the EM following arrest
If -
Believe that EM relating to the offence for which the person was arrested is at a palce
AND
If entry is delayed the EM may be CADD
What does ‘take any action’ mean in relation to s14?
Take any action that is reasonable in the circumstances.
Section 84
Warrantless entry and search of vehicle after arrest
Enter and search vehicle for EM
If -
Believe that EM relating to offence of arrested person is in vehicle
Section 29
Power to search vehicle without warrant for stolen property
Search vehicle without warrant
If -
Believe that any stolen property is in or on any vehicle (in a public place… otherwise try and get warrant)
Can you use s7 to search for and arrest someone with outstanding fines warrant?
No, this does not constitute being ‘unlawfully at large’.
Can you use s7 to search for and arrest someone who has been accused of driving off without paying for petrol?
No, being wanted for interview isn’t ‘unlawfully at large’
Can you search for and arrest someone who has escaped prison for a sentence of murder and under what act?
Yes, s7 as they are deemed ‘unlawfully at large’.
Where can you search under s7 or s8?
s7/8 only gives you powers to search for a ‘person’.
You can only search where a person is able to hide (e.g. in a wardrobe or under a bed).
Note: You cannot use these sections to search for EM in drawers, cupboards etc.
Why can’t you use s83 and s84 to find EM straight away?
These are post-arrest search powers only, you must find and arrest the person before enacting them.
What is the main difference between s83 and s84?
s83 pertains to ‘places’
s84 pertains to ‘vehicles’
