Warrantless Powers

Question 1

S7- Entry into a place or vehicle to arrest someone unlawfully at large

Answer 1

Enter any place or vehicle if:
-RGTS a person is unlawfully at large.
-RGTB the person is in the place or vehicle.

Question 2

S8- Entry to avoid loss of offender or evidential material

Answer 2

-RGTS a person has committed an offence for which they can be arrested.
-RGTB the person is in a place or vehicle.
-And RGTB if entry is not made immediately the person will leave the place or vehicle to avoid arrest.
-Evidential material relating to the offence will be CADD.

Question 3

S9- Stopping a vehicle to find a person unlawfully at large or has committed an imprisonable offence

Answer 3

-RGTS a person is unlawfully at large or has committed an offence.
RGTB the person is in the vehicle.

Question 4

S14- Entry to prevent offence or respond to risk to life or safety

Answer 4

-RGTS an offence is being or is about to be committed that would cause injury or serious damage or loss of property.
-There is risk to the life or safety of any person that requires emergency response.
-Enter place or vehicle.
-Take any action if RGTB it’s necessary to prevent offending or avert emergency.

Question 5

S15- Find and avoid loss of evidential material (14yr +)

Answer 5

-RGTS an offence punishable by 14yrs + has been, is being or about to be committed.
-RGTB evidential material relating to the offence is in the place and if entry is delayed evidential material will be CADD.

Question 6

S16- Searching person in public place for evidential material (14yr +)

Answer 6

-Search any person in a public place if RGTB the person is in possession of evidential material relating to 14yr + offence.

Question 7

S17- Search of vehicle for evidential material (14yr +)

Answer 7

-Enter and search a vehicle in a public place.
-RGTB evidential material relating to an offence 14yrs +.

Question 8

S18- Search for Arms

Answer 8

-RGTS a person has arms AND
-They’re in breach of the Arms Act.
-Has a physical or mental condition causing them to be incapable of having proper control of the arms OR
-May kill or cause bodily injury to any person OR
-A protection order or Police safety order is in force or there are grounds to make an application for a protection order.
-You may enter and search a person, place or vehicle.
-Seize arms, ammunition and FLICNO.

Question 9

S20- Search for drugs in a place or vehicle

Answer 9

-RGTS an offence has been committed against MODA 1975.
-RGTB evidential material relating to the offence will be in the place or vehicle.
-RGTB it’s not practicable to get a SW.
-RGTB EM will be CADD if entry is delayed.

Question 10

S21- Search person for drugs after S20

Answer 10

S20 is invoked.
You may search any person.

Question 11

S22 - Search for drugs (person in a public place)

Answer 11

-RGTS an offence against MODA 1975
-RGTB the person has drugs.

Question 12

S27 - Search for offensive weapon (public place)

Answer 12

-RGTS a person has an offensive weapon or S202A (an intention to use the weapon to commit an offence or cause bodily injury or threats of violence.
-search the person without warrant

Question 13

S28 - Search a vehicle for offensive weapons (public place)

Answer 13

-RGTS a person in or just exited a vehicle has an offensive weapon or S202A (an intention to use the weapon to commit an offence or cause bodily injury or threats of violence)
-The vehicle contains an offensive weapon.
-Search that vehicle without warrant

Question 14

S116 - Securing place/vehicle/thing

Answer 14

-Secure place/vehicle/thing being searched and secure items found.

-RGTB a person will hinder/obstruct the search you may exclude them from the place/vehicle/thing.

-You must RAN

Question 15

S117 - Search Warrant pending

Answer 15

-SW is or about to be made.
-The application has not been granted or refused.
-RGTB EM will be CADD before SW can be issued.
-Enter and secure the place or vehicle or any item found.
-Not search.

S117 applies until 6hrs expires,
SW is available or SW is refused.

Question 16

S118 - Powers of detention

Answer 16

You can detain anyone that arrives at, stops at or enters any place/vehicle/thing in which a SW is being executed to determine whether there is any connection between them and the search.

Question 17

S119 - Power to search person at a place or vehicle

Answer 17

-RGTS that they are in possession of a dangerous item.
-RGTB that they have EM.

Question 18

S120 - Power to pursue person who flees

Answer 18

-Fresh pursuit.
-RGTB they have EM.
-You have power to enter and apprehend the person and search the person or vehicle.

Question 19

S121 - Stopping a vehicle to search

Answer 19

-Stop a vehicle to conduct a warrantless search.
-Stop a vehicle to execute a SW.

Question 20

S122 - Moving a vehicle for safe keeping

Answer 20

-Find or stop a vehicle.
-Lawful authority to search but impractical in the place.
-RGTB the vehicle needs to be moved for safe keeping.
-May move the vehicle to another place.

Question 21

S112 - Items of uncertain status

Answer 21

-Executing a search power and uncertain if an item can be lawfully seized AND
-Not practical to determine if the item can be seized.
-Remove item for examination to determine if it can be seized.

Question 22

S123 - Plain view seizure

Answer 22

-Lawfully searching person/place/vehicle.
-Seize any items if RGTB they could be seized pursuant to a SW or other search power.

Question 23

S125 - RAN (Person)

Answer 23

-Must identify themselves by name or QID.
-Must state the name of the Act.
-Must state the reason for the search.
-if not in uniform must produce ID.

Question 24

S131 - RAIN (place/vehicle/thing)

Answer 24

-Must identify themselves by name or QID.
-Must state the intention to enter an search.
-Must state the name of the Act.
-Must state the reason for the search.
-if not in uniform must produce ID.