SSA 2012 Flashcards
S125
Obligations when searching a person(RAN)
s85
Rub down search of any person arrested (harm any person or facilitate the person’s escape.)
s88
Rub down search of any person arrested or detained( Any evidential material relating to the offence in respect of which the arrest is made or anything that may harm any person or facilitate the person’s escape. )
s11
Custody search
s13
Property taken from people locked up in Police custody
s92
Consent search for:
* to prevent the commission of an offence
* to investigate whether an offence has been committed
* to protect life or property
* to prevent injury or harm.
s93
Advice that must be given before consent search undertaken
* determine that the search is for a purpose authorised by s92
* advise the person of the reason for the proposed search
* advise the person that they may either consent to be searched or refuse to be searched.
s94
Unlawful if:
* it is not for a purpose set out in s92
* you fail to give the required advice as set out in s93
* consent is given by a person who does not have the authority to consent.
s95
Persons under 14 years of age are unable to consent to the search of:
* a place
* a vehicle
* other thing.
s131
Obligation when searching a place, property, a thing(RAIN)
s110
Search powers
* Enter and search
* Request assistance
* Use reasonable force
* Seize anything that is the object of the search or can be lawfully seized
* Bring and use equipment/dog
* Copy/access documents
* Take photographs
s29
Power to search vehicles without warrant for stolen property(RGTB)
s7
Entry without warrant to arrest person unlawfully at large:
RGTS that person is unlawfully at large
AND RGTB that the person is in a place or vehicle you may search without warrant
s8
Entry without warrant to avoid loss of offender or evidential material:
RGTS that a person has committed an offence punishable by imprisonment
AND RGTB that the person is in a place or vehicle
AND RGTB the person will leave the place or vehicle to avoid arrest or
evidential material relating to the offence for which the person is to be arrested will be CADD
s83
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 at a place
AND
if entry is delayed in order to obtain a search warrant, the evidential material will be CADD
you may enter that place without warrant to search for the evidential material