SS02 Search Places and Vehicles Flashcards
When you are using a search power in relation to a place or vehicle or other thing (with or without a warrant), you must comply with identification and notice requirements.
Before initial entry into or onto the place, vehicle or other thing to be searched you must:
- Identify yourself by name or unique identifier
- Announce your intention to enter and search under the Search &Surveillance Act 2012
- If you are not in Police uniform, provide proof of identity
Identify correct section;
Section 131 – Obligations
Give an example of RAIN;
R.A.I.N (Reason, Act, Intent, Name)
(Sate your name) “My name is Constable ________”
“Under the Search and Surveillance Act 2012 I intend to enter
(Give reason for search) “to search for ___________ as I believe she is here and has a warrant to arrest)
You are not required to give RAIN if you have reasonable grounds to believe that:
- No person is lawfully present in or on that place, vehicle or other thing to be searched
- Complying with these requirements would:
- endanger any person’s safety or
- prejudice the successful use of the search and entry power
- prejudice ongoing investigations
Identify correct section;
Section 131
Identify section used to report the use of power;
Section 169
The notification must contain:
- a short summary of the circumstances
- the reasons you needed to exercise the warrantless power
- whether any evidential material was seized
- whether any criminal proceedings have been or are being considered as a consequence of seizing evidential material
When do you NOT need to report use of power under S.169?
Section 7- Entry without warrant to arrest person unlawfully at large
Section 8- Entry without warrant to avoid loss of offender or evidential material
Section 83- Entry without warrant after arrest
Section 84- Warrantless entry and search of vehicle after arrest
Section 29- Power to search vehicles without warrant for stolen property
Section 110 - Power incidental to search of places and vehicles. What does this allow you to do?
- enter and search (that which you are authorised)
- request assistance
- use reasonable force (on property only)
- seize
- bring and use
- take
If you have reasonable grounds to suspect that in relation to a place or vehicle:
an offence is being committed, or is about to be committed that would be likely to cause:
- injury to any person
- 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
Identify correct section;
Section 14 - Warrantless entry to prevent offences or respond to risk to life or safety
You may:
- enter the place or vehicle without warrant
- take any action that you have reasonable grounds to believe is necessary to prevent the offending from being committed or continuing
- to avert the emergency
Identify section you may do this under;
Section 14
If you have reasonable grounds to:
- suspect that a person is unlawfully at large
and - believe that the person is in a place or vehicle
You may:
enter the place or vehicle without warrant to search for and arrest that person
Identify the correct section;
What does Section 7 - Entry without warrant to arrest person unlawfully at large cover?
What does Section 8 allow you to do?
Enter without warrant to avoid loss of offender or evidential material
If you have arrested a person and have RGTB that:
- evidential material relating to the offence for which the person was arrested is at a place
- if entry is delayed in order to obtain a search warrant, the evidential material will be concealed, altered, damaged or destroyed
You may:
enter that place without warrant to search for the evidential material (whether or not the person was arrested there)
Identify correct section;
Section 83 - Entry without warrant after arrest
If you have arrested a person and have RGTB that:
- evidential material relating to the offence for which the person was arrested is in or on a vehicle
You may:
enter and search that vehicle for evidential material without warrant (whether or not the person was arrested in the vehicle)
Identify the correct section;
Section 84 - Warrantless entry and search of vehicle after arrest
If you as part of your duties:
- exercise a search power
- are conducting a lawful search of a person
- are lawfully in any place or in or on a vehicle
You may seize any item(s) you (or anyone assisting you) find:
- in the course of carrying out the search
- as a result of observations at that place or in or on the vehicle
Identify the correct section;
Section 123 – Seizure of items in plain view
You have reasonable grounds to believe that you could
have seized the item under:
- Any search warrant that you could have obtained
- Any other search power you may exercise
If you are exercising a search power and:
- you are uncertain whether any item found may be lawfully seized-
- it is not reasonably practical to determine whether the item can be seized at the place or vehicle where the search takes place
You may:
remove the item for analysis or examination to determine whether it may be lawfully seized.
Identify correct section;
Section 112 - Items of uncertain status may be seized
If you have RGTB that:
- any stolen property is in or on any vehicle
You may:
Search the vehicle without warrant
Identify correct section;
Section 29 - Power to search vehicles without warrant for stolen property
Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975.
Identify correct section;
Section 22
Warrantless searches associated with arms.
Identify correct section;
Section 18
Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected. (Knives, offensive weapons and disabling substances)
Identify correct section;
Section 27
What does Sec 95 cover? Ability of persons under 14 years to consent to searches of places, vehicles, or other things
(1) A person under 14 years of age is unable to consent to the search of a place, vehicle, or other thing
(2) Subsection (1) does not apply to a person under 14 years of age who is found driving a vehicle with no passenger of or over the age of 14 years with authority to consent to the search of the vehicle
Section 9 of the Search and Surveillance Act 2012 allows constables to stop vehicles if they have reasonable grounds to..?
Suspect that a person: is unlawfully at large OR has committed an offence punishable by imprisonment AND to believe that the person is in or on the vehicle.
What is section 128 of the Search and Surveillance Act 2012?
Duty to remain stopped
In terms of Section 30 of the Search and Surveillance Act 2012; A senior constable authorise a road block to apprehend an offender. What is a senior constable in terms of section 30?
A constable who holds a level of position of sergeant or higher (includes any constable who is acting in any such rank)
During a lawful search (warrantless or warranted); any constable can call upon someone to do the search for them or assist them with the search; which sections govern the laws around what a person called upon to assist can do?
S 110 & S 113
