Stopping Vehicles

Question 1

S9 Stopping a vehicle to find persons unlawfully at large or who have committed imprisonable offences - SASA 2012

Answer 1

If I have RGTS:
A person is unlawfully at large, or has committed an imprisonable offence

And I have RGTB a person is in a vehicle

I can stop the vehicle without warrant to arrest the person

Question 2

S10 Powers and duties of Constables after vehicle stopped - SASA 2012

Answer 2

Under S9 I may:
Require details - Name, Address, DOB etc. If I have RGTS - Unlawfully at large or committed an imprisonable offence.

I can also:
•Search the vehicle if RGTB they are in the vehicle
•Search for evidence in relation to the offence the vehicle was stopped if the person sought:
-Has been arrested, or is seen fleeing from the vehicle before arrest.

(If the driver isn’t the person we are looking for we must tell them the reason for the search)

Question 3

S121 (1) - Stopping a vehicle without a warrant for purposes of search

Answer 3

If I’m satisfied I can conduct a warrantless search under this act

I can:
Stop the vehicle, conduct the warrantless search

!NIAR!

Question 4

S121 (2) - Stopping vehicle to execute search warrant

Answer 4

If im satisfied a search warrant has been issued under this act I can:
Stop the vehicle, execute the search warrant

!NIAR!

Question 5

Section 122 - Moving a vehicle for the purpose of search or safekeeping

Answer 5

If I find/stop a vehicle:
•With lawful authority to search, but impractical in that place
•RGTB it is necessary to move it for safekeeping

I can: Move the vehicle to another place

Question 6

S128 - Duty to remain stopped

Answer 6

If I exercise a power to stop/search a vehicle.

I may require the vehicle to remain stopped for as long as reasonably necessary to exercise any power in relation to:
•The vehicle/occupants of the vehicle

Question 7

S129 - Duty to provide information

Answer 7

If I exercise a power to stop a vehicle I must:
•NIAR (Unless impracticable)
•Proof of identity if not in uniform

Question 8

S30 - Obtaining authorisation for warrantless road block

Answer 8

Senior Constable/Acting Sergeant/Sergeant or higher has:

1.RGTB a person is a vehicle
2.RGTS they are unlawful at large or have commited an imprisonable offence
3.AND RGTS they vehicle will travel past the proposed road block
4.AND satisfied the safety of all road users is ensured

They may authorise a road block in order to arrest a person.

Question 9

S32 - Authorised road blocks implemented without warrant

Answer 9

When a road block is authorised under S30 I may:

•ESTABLISH a road block at the specified place

•STOP vehicles at or in the vicinity of the road block

•REQUIRE any person who I have RGTS is unlawful at large or has committed an imprisonable offence to provide: Name, Address, DOB

•SEARCH the vehicle to locate the person who is located the person who is unlawful at large or committed an imprisonable offence if I have RGTB they are in the vehicle.