Warrantless & Related Powers

Question 1

Section 14

Answer 1

Emergency power!
Warrant less entry to place or vehicle to prevent offences or respond to risk of life/safety.

(RGTS offence is / will be committed to cause injury or serious damage of property)

Question 2

Section 7

Answer 2

warrantless entry to arrest SPEW.
If you RGTS unlawfully at large person is in place or vehicle

Question 3

Section 8

Answer 3

Entry to avoid loss of offender or CADD

Question 4

Section 9

Answer 4

May stop vehicle to find SPEW or who have committed imprisonable offences

Question 5

When stopping a vehicle you must …

Answer 5

Be wearing uniform or hat with badge

Be flashing red&blue or siren

Produce ID when not in uniform

Question 6

Section 10

Answer 6

Powers & duties of Constable after vehicle is stopped.

If stopping under s9 you may require name address contact details dob if you RGTS they are spew, have committed imprisonable offence.

May also …

Search vehicle to locate person you’re looking for if you believe they’re in there. Or evidential material in relating to the offence.

Question 7

Section 121

Answer 7

Stopping vehicle to conduct warrantless search.

(2) stopping vehicle to execute search warrant

If stopping YOU MUST:
RAN

Question 8

Section 122

Answer 8

Moving vehicle for search if impracticable to do so at stopped place

Question 9

Section 128

Answer 9

Remaining stopped.

When stopping or searching vehicle, you may require vehicle / occupants to stay stopped for as long as reasonably necessary.

Question 10

Section 129

Answer 10

Our duty to provide information.

You must RAN as soon as you have stopped the vehicle.

Question 11

Section 18

Answer 11

Warrantless search associated with arms.

RGTS that person carrying or in possession of arms …
Physical/mental condition deems them incapable of control or may kill /injure any person

Protection order is in place

Safety order is in place

YOU MAY
Search person
Enter place / vehicle to search person including vehicle
Seize FLIC and arms found

RAIN or RAN yourself, complete 169 notifications

Question 12

Section 29

Answer 12

Power to search vehicles without warrant for stolen property. If you have RGTB any stolen property is in or on any vehicle (public place)

Question 13

Section 15

Answer 13

Entry into place to find and avoid loss of evidential material (CADD)

Question 14

Section 16

Answer 14

Searching people in public place for evidential material CADD

Question 15

Section 17

Answer 15

Entry and search of vehicle for evidential material (CADD)

Question 16

Section 83

Answer 16

Entry to place after arrest if you believe evidential material is at place & believe if delayed material will be CADD.

Question 17

Section 84

Answer 17

Entry and search of vehicle after arrest for evidential material & will be CADD if not actioned now.

Question 18

Section 30

Answer 18

Road blocks.
Authorisation from senior sergeant (sergeant or higher) can establish roadblock to arrest.

Question 19

Section 32

Answer 19

What you can do if roadblock under s30 is established:
Establish RB
Stop
Require details from potential suspects (name, add, DOB)
Search vehicle for person (RAIN + 169 apply)

Question 20

Section 112

Answer 20

Seizure of items of uncertain status. You may remove the item for analysis to determine whether it can be lawfully seized.

Question 21

Section 123

Answer 21

Seizure of items in plain view.
You may seize items in the course of carrying out the search, OR as a result of observing at place or vehicle.

Question 22

Section 176

Answer 22

Leaving search location or fails to comply with directions in

Question 23

Section 177

Answer 23

Offences relating to stopping vehicles:

RGTS person has
A. Stop asap
B. Remain stopped

You may arrest