Warrantless Powers Flashcards
Section 7
RGTS - A person is unlawfully at large.
RGTB - The person is in or on the place or vehicle.
Powers……
* ENTER – the place or vehicle without warrant.
* SEARCH – the place or vehicle for the person for the purpose of arresting them.
Section 8
RGTS - A person has committed an offence punishable by imprisonment and for which they may be arrested without warrant.
RGTB -
* The person is in or on the place or vehicle, and
* if entry is not effected immediately:
- the person will leave there to avoid arrest, or
- evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered, or damaged.
Powers….
* ENTER – the place or vehicle.
* SEARCH – the place or vehicle for the person for the purpose of arresting them.
Section 9
Stopping a vehicle to find persons unlawfully at large or have committed certain offences (imprisonable offences).
RGTS
* a person is unlawfully at large, or
* has committed an offence punishable by imprisonment.
RGTB
The person is in or on the vehicle.
Powers…
STOP – the vehicle for the purpose of arresting that person.
Section 10
Powers and duties of constable after vehicle stopped.
RGTS
* A person is unlawfully at large, or
* has committed an offence punishable by imprisonment.
RGTB
The person is in or on the vehicle.
Powers……
* Require – the person suspected of being unlawfully at large or having committed an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth.
* Search – the vehicle for the person.
* Search – the vehicle for evidential material in relation to the offence the vehicle was stopped for if: person arrested or is seen fleeing before they can be arrested.
“Unlawfully at large”
- A warrant for their arrest
- A special or restricted patient
- Escaped custody
Section 15
Warrant-less ENTRY and SEARCH of a place to find evidential material relating to certain offences.
RGTS
That an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed.
RGTB
* That evidential material relating to the offence is in that place; and
* that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or damaged.
Powers….
* ENTER – a place without warrant.
* SEARCH – the place
Section 16
Warrant-less SEARCH people in a public place for evidential material relating to certain offences.
RGTB
Person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more.
Powers…..
SEARCH – a person without a warrant in a public place.
Section 17
Warrant-less ENTRY and SEARCH of a vehicle for evidential material relating to certain offences.
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.
Powers…..
* ENTER – a vehicle that is in a public place without warrant.
* SEARCH – the vehicle.
14 year or more offences
- Aggravated Robbery
- Murder
- Rape/ Unlawful Sexual Connection
- Possession class A for Supply
- Wounding, intent to GBH
Section 18 (1) and (2)
RGTS
* Is carrying arms, or
* is in possession of them, or
* has them under his or her control, and—
* he or she is in breach of the Arms Act 1983; or
* he or she, by reason of his or her physical or mental condition (however caused),—
(i) is incapable of having proper control of the arms; or
(ii) may kill or cause bodily injury to any person; or that, under the Domestic Violence Act 1995,—
(i) a protection order or a police safety order is in force against the person; or
(ii) there are grounds
Powers…..
* SEARCH – the person.
* SEARCH – any thing in the person’s possession or under his or her control (including a vehicle).
* ENTER – a place or vehicle to carry out any activity under paragraph (a) or (b).
* SEIZE – and detain any arms found.
* SEIZE – and detain any licence under the Arms Act 1983 that is found.
Section 18 (3)
RGTS
- There are arms in the place or vehicle, and
- in respect of which a category 3 offence has been committed, or
- a category 4 offence has been committed, or
- an offence against the Arms Act 1983 has been committed, or
- that may be evidential material in relation to a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983.
Powers…..
- ENTER – the place or vehicle.
- SEARCH – the place or vehicle.
- SEIZE – any arms or any licence under the Arms Act 1983 found there.
- DETAIN – the arms or licence if he or she has reasonable grounds.
Section 20
Warrantless ENTRY and SEARCH of places and vehicles in relation to MODA.
RGTS
In or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.
RGTB
* It is impractical to obtain a warrant, and
* in or on the vehicle or place there is: a controlled drug specified or described in Schedule 1, Part 1 of Schedule 2, Part 1 of Schedule 3 or a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and
* if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.
Powers…..
* ENTER – the vehicle or place.
* SEARCH – the vehicle or place.
Section 21
Warrant-less SEARCH of people found in places or vehicles in relation to MODA.
A constable conducting a search of a place or vehicle under section 20 may, without a warrant, SEARCH any person found in or on the place or vehicle.
A person arriving at the place after the search has commenced will be “found” there. The power to search necessarily implies the power to detain for the purpose of the search.
Power….
SEARCH - any person found in or on the place or vehicle.
Section 22
Warrantless search power for drugs if suspected of offence against MODA 1975.
RGTS
An offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.
RGTB
A person is in possession of:
* a controlled drug specified or described in Schedule 1, Part 1 of Schedule 2, Part 1 of Schedule 3 or a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975.
Powers…..
SEARCH – the person.
Section 27
Searching people in a public place for offence of 202A(4)(A)
RGTS
A person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances).
Powers….
SEARCH – the person.
