Vehicles Flashcards
Section 9 (Stopping for unlawfully at large or Imprisonable offence
You may stop a vehicle to arrest a person who you reasonably suspect is unlawfully at large or has
committed an imprisonable offence and you believe that they are in that vehicle.
Section 10 (Powers once stopped under s9)
You may require details of any person in the vehicle who you reasonably suspect is unlawfully at large or has
committed an imprisonable oence. You may also search the vehicle to locate the person if you reasonably
believe that person is in or on the vehicle and you may search the vehicle for evidential material related to
the offence if the person has been arrested or is seen
fleeing from the vehicle.
Section 17 (Serious offences)
You may enter and search a vehicle for evidential material in a public place where you reasonably believe
that evidential material relating to an offence with a maximum penalty of 14 years or more is in the vehicle.
Section 28 (Offensive weapon)
You may search a vehicle for offensive weapons if you reasonably suspect that a person travelling in a
vehicle or who has exited the vehicle is committing an offence against s202A(4)(a) of the Crimes Act 1961 and
you suspect that the weapon is in the car.
Section 29 (Stolen property)
You may enter and search a vehicle for stolen property if you reasonably believe that the stolen property is
in or on the vehicle. This is intended for vehicles in public places, you should seek a search warrant if the
vehicle is on private property.
Sections 30-32 (Road blocks)
You may establish a roadblock, stop vehicles, require details of anyone you reasonably suspect has committed
an imprisonable offence and search vehicles to locate the person you suspect has committed an imprisonable
oence under Section 32. If you locate them you may arrest them. To do this you must gain authorisation
under Section 30 from a senior constable (acting Sergeant or higher) and you must reasonably believe
that a person you reasonably suspect of committing an imprisonable offence or being unlawfully at large is in
or on a vehicle. You must also reasonably suspect that the vehicle will travel past a proposed road block site
and be satisfied that the safety of all road users won’t be compromised by the location of the road block.
Section 84 (After arrest)
You may enter and search a vehicle for evidential material if you have arrested someone and you reasonably
believe that evidential material related to the offence is in or on a vehicle.
Sections 121, 122, 128 (Stopping/moving/holding)
Under Section 121 you may stop a vehicle in order to conduct either a warrantless search or execute a
search warrant if you are satised that the searches are valid under this act.
Under Section 122 you may move the vehicle if you have lawful authority to search the vehicle and it’s
impractical to do it at that place or you reasonably believe that it is necessary for safekeeping the vehicle.
Under Section 128 you may require the vehicle to remain stopped for as long as you reasonably need to
search the vehicle or the occupants if you are exercising a search or stopping power.