SS02 Search Places and Vehicles

Question 1

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;

Answer 1

Section 131 – Obligations

Question 2

Give an example of RAIN;

Answer 2

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)

Question 3

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;

Answer 3

Section 131

Question 4

Identify section used to report the use of power;

Answer 4

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

Question 5

When do you NOT need to report use of power under S.169?

Answer 5

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

Question 6

Section 110 - Power incidental to search of places and vehicles. What does this allow you to do?

Answer 6

• enter and search (that which you are authorised)
• request assistance
• use reasonable force (on property only)
• seize
• bring and use
• take

Question 7

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;

Answer 7

Section 14 - Warrantless entry to prevent offences or respond to risk to life or safety

Question 8

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;

Answer 8

Section 14

Question 9

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;

Answer 9

What does Section 7 - Entry without warrant to arrest person unlawfully at large cover?

Question 10

What does Section 8 allow you to do?

Answer 10

Enter without warrant to avoid loss of offender or evidential material

Question 11

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;

Answer 11

Section 83 - Entry without warrant after arrest

Question 12

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;

Answer 12

Section 84 - Warrantless entry and search of vehicle after arrest

Question 13

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;

Answer 13

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

Question 14

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;

Answer 14

Section 112 - Items of uncertain status may be seized

Question 15

If you have RGTB that:
- any stolen property is in or on any vehicle

You may:
Search the vehicle without warrant

Identify correct section;

Answer 15

Section 29 - Power to search vehicles without warrant for stolen property

Question 16

Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975.

Identify correct section;

Answer 16

Section 22

Question 17

Warrantless searches associated with arms.

Identify correct section;

Answer 17

Section 18

Question 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;

Answer 18

Section 27

Question 19

What does Sec 95 cover? Ability of persons under 14 years to consent to searches of places, vehicles, or other things

Answer 19

(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

Question 20

Section 9 of the Search and Surveillance Act 2012 allows constables to stop vehicles if they have reasonable grounds to..?

Answer 20

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.

Question 21

What is section 128 of the Search and Surveillance Act 2012?

Answer 21

Duty to remain stopped

Question 22

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?

Answer 22

A constable who holds a level of position of sergeant or higher (includes any constable who is acting in any such rank)

Question 23

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?

Answer 23

S 110 & S 113