Search & Surveillance

Question 1

What is reasonable grounds for belief?

Answer 1

Having a sound basis for believing that a situation or circumstance actually exists

Question 2

Sec 8 - Entry to avoid loss of offender or evidential material. what must exist and Police action you can do?

Answer 2

• RGTS imprisonable offence has been committed and
• beleive person in place or vehicle and
• beleive if entry not effected immediately person will leave to avoid arrest or evidential material will be CADD

You may:

• enter and search place or vehicle without warrant and arrest person for offence
• can’t search for evidential material unless person is arrested

Question 3

Section 14 - Emergency Powers

Answer 3

Enter place or vehicle and take any action as reasonably necessary if:

• offence is being or about to be committed that would likely cause injury to any person or serious loss / damage to property or
• there is risk to the life or safety of any person

Question 4

Sec 15 - Search place for evidential material - 14 year offence

Answer 4

• RGTS 14yr imprisonable offence has, is, or will be committed
• RGTB evidential material is in a place and will be CADD

You may enter and search a place to find evidential material.

Question 5

Sec 17 - S and S 2012

Answer 5

RGTB evidential material relating to a 14yr imprisonable offence is in or on a vehicle or public place, you may enter an search that vehicle without warrant.

Question 6

What is Section 83 and 84?

Answer 6

• Person has been arrested for an offence
• RGTB evidential material is in or on a place (Section 83) or vehicle (Section 84)
• Delay in getting warrant would cause evidential material to be CADD

Can enter and search place or vehicle for evidential material relating to that offence even if the person wasnt arrested there.

Question 7

s119 SASA allows what?

Answer 7

When executing search on a place or vehicle you may search any person found at, arrives, stops or enters that place if:

-RGTB evidential material on that person
- RGTS person in possession of dangerous items posing threat to safety and believe immediate action is needed.

Question 8

Sec 117 - Secure scene. What is the maximum time frame allowed to hold a scene before a warrant can be obtained?

Answer 8

Secure scene while search warrant is pending up to 6 hrs from when power is first exercised.

Not a search power.

Question 9

What obligations must you do before entering a place/vehicle for the purpose of carrying out a search?

Answer 9

RAIN (reason, act, intention, name)

If not in uniform, produce evidence of ID

Question 10

When do you NOT have to announce entry or give reasons for the search?

Answer 10

• no person lawfully present
• compliance would endanger the safety of any person or
• prejudicial to the exercise of the entry or the ongoing investigation

Question 11

How old does a person need to be to be treated as an occupier or person in charge?

Answer 11

14 years or older.

Question 12

What is curtilage?

Answer 12

An area of land attached to a dwelling house and forming one enclosure with it.

Question 13

If you stop a vehicle using Sec 9, who can you require give you their particulars?

Answer 13

You can require the particulars from persons in the vehicle whom you suspect are unlawfully at large or have committed an offence.

Question 14

Who can establish a road block and under what grounds?

Answer 14

Sergeant or above (includes acting sergeant)

• RGTB person in a vehicle is unlawfully at large or committed imprisonable offence
• suspect vehicle will pass where road block is

Question 15

Sec 18 - People in possession of arms definitions

Answer 15

• RGTS person carrying or in possession of arms and
• breaching arms act or
• due to physical or mental condition, incapable of having proper control or may kill or cause bodily injury to any person or
• have PO or PSO in place

you may:

Search person and anything in their possession or control includes vehicles and seize any arms found.

Question 16

Sec 18(3) - searches for arms in places or vehicles

Answer 16

• RGTS arms in any place or vehicle and
• Cat 3 of 4 offence against arms act has is or will be comitted or
• evidence relating to such offences

Enter and search place or vehicle and seize and detain any arms or licence found there under the arms act.

Question 17

Sec 11 - When can you search a person after they have arrested?

Answer 17

• if they werent searched before arrest
• RGTB they are in possession of something that may be used to harm themselves or others
• before or during arrest were in close proximity to a person who wasnt arrested or not searched.

Question 18

Sec 85 - What is the purpose of a rub down search?

Answer 18

To ensure a person who has been arrested or detained is not carrying anything that may be used to harm themselves or any person or facilitate escape.

Question 19

What does S88 of S and S entitle you to do?

Answer 19

Search and person who has been arrested under statutory power and RGTB the person is carrying anything that:

• may be used to harm any person
• may be used to facilitate the person’s escape
• is evidential material relating to the offence for which the person is arrested or detained for

Question 20

What are some examples of when samples from a person’s body may be seized as evidential material pursuant to a Sec 88 search?

Answer 20

• swabs to remove blood on the arrested person
• fingernail scrapings
• penile swab

Search must be lawful, reasonable and approved by a Sergeant or above

Question 21

Section 28 - searching vehicles for offensive weapons

Answer 21

• RGTS person committed offence against 202A travelling in vehicle or has just left a vehicle and
• Vehicle contains knife, offensive weapon or disabling substance
• you may search the vehicle

Question 22

Section 29 - searching vehicles for stolen property

Answer 22

• RGTB stolen propery is in or on vehicle
• vehicle is in a public place
• you may search the vehicle

Question 23

What you must say prior to a consent search:

Answer 23

• reason for the search
• may consent or refuse to consent at any time

Person under 14 can consent to search of themselves or anything in their possession but cannot consent to search of vehicle, place or thing.

Question 24

Section 120 SAS - powers of search when suspect pursued

Answer 24

If you intend to search a person or vehicle, but that person or vehicle leaves before you are able to start or complete the search you may:

• apprehend person
• enter any place to find them
• if freshly pursued
• RGTB evidential material is still on person or in vehicle

Question 25

Section 27 - search of people with offensive weapons

Answer 25

You may search a person if you have reasonable grounds to suspect the person has an offensive weapon

Question 26

Sec 123 SAS - Seizure of items in plain view

Answer 26

If you are exercising a search power or are lawfully in a place as part of your duties, you may seize anything, if you have reasonable grounds to believe you could have seized the item under: - any search warrant obtained under the S & S Act - any other search power exercisable by you under the S & S Act or any other Act

Question 27

S and S Section 112 - items of uncertain status

Answer 27

If you are not certain if something can be seized and it is not practicable to determine that where the search takes place, you may; Remove the item for examination or analysis to determine whether it may be lawfully seized.

Question 29

Searches conducted of vehicle or thing when person isn’t there;

Answer 29

Leave a notice at the place or vehicle a copy of the warrant and attached privilege information OR If a warrantless search, a copy of notice to person not present during warrantless search.

Question 30

Section 31 - duration and record of road block

Answer 30

- Initially valid for up to 24 hours - Can be renewed by DC Judge for further 24 hours - Keep record of location, time period and and grounds for authorisation

Question 31

In carrying out a consent search what may you extend the search to?

Answer 31

- any item that the person is wearing or carrying or - is in the persons physical position or immediate control provided the person consents to these items being searched

Question 32

When using assistant to assist you to exercise a search power or condition of a warrant they are in your control. If they are not another Constable what 2 things must you do?

Answer 32

- accompany them when they first enter the place, vehicle, or other thing to be searched, and - provide reasonable supervision of them

Question 33

When determining a connection under s118 S and S, When must this be done?

Answer 33

You must take active steps to determine if there is a connection between them and the search. You cannot detain a person for the duration of the search and then consider the matter of connection.

Question 34

When you are carrying out a search what powers does section 116 of S and S give an officer? If requested by a person affected by the search what must you do?

Answer 34

- secure the place, vehicle, or other thing searched or any area within the scene or anything found within the scene - exclude any person from the area or scene or give them any other reasonable direction if you have reasonable grounds to believe they will obstruct or hinder you. - ID yourself by name or QID - State the enactment under which the search is conducted and reason for the search (unless impracticable) - If not in uniform produce evidence of your identity

Question 35

When items are seized what is the obligation by police to give the owners of the things that are seized? What is the timeframe in which the notice must be given?

Answer 35

- copy of search warrant or - for warrentless search notice of enactment used - list of items seized - within 7 days of search

Question 36

Section 121 - S and S 2012

Answer 36

Power to stop and search vehicle without a warrant if grounds to search exist or with a warrant once issued and in force.

Question 37

If you find or stop a vehicle, Can you move that vehicle to another place?

Answer 37

Yes - if you have found or stopped the vehicle and you have lawful authority to search the vehicle but is impracticable do so at that place, or you have reasonable grounds to believe it is necessary to move the vehicle for safekeeping. (s122)

Question 38

What does s 128 S and S gives the officer powers to do?

Answer 38

Require the vehicle to remain stopped for the exercise of any powers in respect of the vehicle or the occupants in the vehicle

Question 39

What are your powers under S10 after the vehicle is stopped under section 9?

Answer 39

- Require any person to supply name address contact details and DOB. - search a vehicle to locate the person if RGTB they are in or on vehicle - search the vehicle to locate evidential material in relation to any offence for which the vehicle is stopped