Warrantless and Related Powers

Question 1

Section 14 - Warrantless Entry to Prevent Offences

Answer 1

A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection 2 exist in relation to a place or vehicle may

without warrant enter the place or vehicle and

take any action that he or she has RGTB is necessary to prevent the offending from being committed or to avert the emergency

SUBSECTION 2

The circumstances are as follows:
an offence is being committed or is about to be committed that would be likely to cause injury to any person or 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

Question 2

Section 7 - Entry without warrant to arrest person unlawfully at large

Answer 2

If you have RGTS that a person is unlawfully at large and RGTB 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

Question 3

Section 8 - Entry without warrant to avoid loss of offender or evidential material

Answer 3

If you have RGTS that a person has committed an offence punishable by imprisonment for which they may be arrested without warrant and

You have RGTB that the person is in a place or vehicle and

You have RGTB if entry is not effected immediately, either or both of the following may occurr:
The peson will leave the place or vehicle to avoid arrest or evidential material will be CADD

YOU MAY

enter tht place of vehicle without warrant AND search for and arrest the person

Question 4

Section 9 - Stopping a vehicle to find persons unlawfully at large or who have committed certain offences

Answer 4

If you have RGTS that a person is

Unlawfully at large or has committed an offence punishable by imprisonsment and you have RGTB that the person is in or on a vehicle you may stop the vehicle without warrant to arrest the person

Question 5

Section 10 - Powers and Duties of Constable after vehicle stopped

Answer 5

If you are exercising a power under S9 you may:
require any person in or on the vehicle to supply all or any of their name, address, other contact details and DOB if you have RGTS they are unlawfully at large or they have committed an offence punishable by imprisonment

You may also

Search the vehicle to locate the person teh vehicle was stopped for if you have RGTB that the person is in or on the vehicle

Search the vehicle to locate evidential material in relation to any offence in respect of which the vehicle was stopped if the person sought has bene arrested or is seen fleeing from the vehicle before they can be arrested

Question 6

S121(1) Stopping a vehicle without warrant

Answer 6

If you are satisfied that there are grounds to conduct a warrantless search under this act you may stop a vehicle to conduct a the warrantless search

Question 7

S18 - Warrantless searches associated with arms

Answer 7

If you have RGTS that a person who is carrying arms or is in possession of them and

The person is in breach of the arms act OR the person by reason of their physical or mental condition is incapable of having proper control of the arms OR the person by reason of their physical and mental condition may kill or cause bodily injury to any person OR a protection order is in force OR there are grounds to make a protection order OR a police safety order is in force

You may do any or all of the following without a warrant

• search the person
• search anything in thei rpossession or under their control
• enter a place or vehicle to search the person or anything in the persons possession
• seize and detain any arms found
• Seize and detain the persons firearms licence

Question 8

Section 27 - Searching people in public places without warrant if offensive weapons suspected

Answer 8

If you have RGTS that a person is committing an offence against section 202A(4)(a) of the Crimes Act 1961

You may without warrant search the person

Question 9

Section 28 - Search vehicles without warrant for offensive weapons

Answer 9

If you have RGTS that a person travelling in a vehicle is committing an offence against section 202A(4)(a) of the Crimes Act 1961 in a public place and the vehicle contains a knife, offensive weapon or disabling substance, you may without warrant search the vehicle.

Question 10

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

Answer 10

If you have RGTB that any stolen property is in or on any vehicle you may search the vehicle without warrant

Question 11

Section 15 - Entry without warrant to find and avoid loss of evidential material

Answer 11

If you have RGTS that an offence punishable by imprisonment for a term of 14 years or more has been/is being/is about to be committed

And you have RGTB that

Evidential material relating to the offence is in a place and if entry is delayed, in order to obtain a search warrant, the evidential material will be CADD

You may

enter and search the place without warrant

Question 12

Section 16 - Searching people in public places without warrant for evidential material relating to certain offences

Answer 12

If a person is in a public place and you have RGTB that

The person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more

You may

Search the person w.out warrant

Question 13

Section 17 - Warrantless entry and search of a vehicle for evidential material relating to certain offences

Answer 13

If a vehicle is in a public place and you have RGTB that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle you may enter and search the vehicle without warrant

Question 14

Section 83 - Entry without warrant after arrest

Answer 14

If you have arrested a person and have reasonable grounds to believe 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 the place without warrant to search for evidential material

Question 15

Section 84 - Warrantless entry and search of vehicle after arrest

Answer 15

If you have arrested a person and have RGTB that

Evidential material relating to the offence for which the person was arrested for is in or on a vehicle

You may

Enter and search that vehicle for the evidential material without warrant

Question 16

Section 30 - Road Blocks

Answer 16

If a Acting Sergeant or higher

Has RGTB that in or on a vehicle there is a person they have RGTS has committed an offence punishable by a term of imprisonment

OR

is unlawfully at large

AND

Has RGTS that the vehicle will travel past the place where is is proposed that the road block be established

AND

is satisfied that, as far as is reasonably practicable, the safety of all road users will be ensured in the area in which it is proposed that the road block be established

then the Acting Sergeant or higher may

Authorise the establishment of a road block to arrest the person

Question 17

Section 32 - Authorised Road Blocks Implemented W.Out Warrant

Answer 17

When a road block is authorised under S30 you may:

ESTABLISH a road block at the place specified in the authorisation

STOP vehicles at or in the vicinity of the road block

REQUIRE any person in or on any vehicle stopped by the road block, who you have reasonable grounds to suspect has committed an offence punishable by imprisonment, to state any or all of his or her name, address and date of birth

SEARCH the vehicle for the purpose of locating the person who has committed an offence punishable by a term of imprisonment or who is unlawfully at large if any constable has RGTB the person is in or on the vehicle

Question 18

Section 112 - Items of uncertain status may be seized

Answer 18

If you are exercising a search power and

You are uncertain whether any item found may be lawfully seized

AND

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

Question 19

Section 123 - Seizure of items in plain view

Answer 19

If you as part of your duties exercise a search power or are conducting a lawful search of a person or are lawfully in any place or in or on a vehicle

You may seize any items you find in the course of carrying out the search or as a result of observations at that place or in or on the vehicle

and you have RGTB that you could have seized the item under any search warrant or other search power you may exercise