Searches

Question 1

Explain section 32 of LEPRA

Answer 1

LEPRA, Section 32

Preservation of privacy & dignity during a search

• Request co-operation
• Only search persons of the same sex
• Offer privacy wherever possible
• Conduct least invasive search for the circumstances
• Conduct search as quickly as possible
• Explain if any clothing needs to be removed & why
• Not perform questioning while searching is being conducted

Question 2

Whenever police exercise a power to search a person they must?

(HCCM)

Answer 2

H - Hold the state of mind required by LEPRA
C - Comply with the rules for searching in Section 32 & 33
C - Comply with the safeguard requirements in part 15
M - Make a contemporaneous record of the search

Question 3

Explain the THIS principle

Answer 3

(THIS)

T - Time, date & place
H - History of the person & location
I - Intelligence available (Must be current)
S - Situation in which the interaction is taking place

Question 4

Strip search means a search of a person or of articles in the possession of a person that may include?

Answer 4

a) Requiring the person to remove all of their clothes, and

b) An examination of the person’s body & clothes (but not of the persons body cavities)

Question 5

What is Section 36 of LEPRA

(DRRRUP)

Answer 5

Power to search vehicles & seize things without warrant

Question 6

In conducting a search of a person, officers must follow Section 30 of LEPRA, list rules within this section

Answer 6

LEPRA, Section 30

Rules for searches generally

• Quickly run hands over the person’s outer clothing
• Require the person to remove outer clothing, jacket & shoes
• Examine anything in the possession of the person
• Pass metal detector over the persons outer clothing
• Do anything authorised by this act for the purposes of the search

Question 7

What is section 208 of LEPRA?

Answer 7

Search detained intoxicated persons

Question 8

Where can a person be strip searched?

Answer 8

a) At a police station or other place of detention, if the officer suspects on reasonable grounds that the strip search is necessary for the purpose of the search, or
b) In any other place. The officer suspects on reasonable grounds that the strip search is necessary for the purpose of the search & that the SERIOUSNESS & URGENCY of the circumstances make the strip search necessary at that place.

Question 9

What is a strip search?

Answer 9

Any search that goes beyond what is permitted by a person search, is a strip search

Strip searches may or may not involve the removal of clothing

Question 10

What is section 30 of LEPRA?

Answer 10

Rules for searching generally

Question 11

What is section 31 of LEPRA?

Answer 11

Strip searches

Question 12

What is section 32 of LEPRA?

Answer 12

Preservation of privacy & dignity during a search

Question 13

What is section 33 of LEPRA?

Answer 13

Rules for conduct of a strip search

Question 14

What is section 27 of LEPRA?

Answer 14

Power to carry out search on arrest

Question 15

What is section 28A of LEPRA?

Answer 15

Power to carry search of person in lawful custody after arrest

Question 16

What is section 21 of LEPRA?

Answer 16

Power to search persons & seize & detain things without warrant

Question 17

What is section 22 of LEPRA?

Answer 17

Power to seize & detain articles on premises

Question 18

What is section 23 of LEPRA?

Answer 18

Power to search persons for dangerous implements without a warrant in public places & schools

Question 19

What are the two types of searches?

Answer 19

1. A person search (General) (Section 30 LEPRA)

2. A strip serach (Section 31 LEPRA)

Question 20

A police officer may stop search & detain a person if they suspect on reasonable grounds the person has?

Answer 20

(DRUP)

D - Dangerous article in public place, used in connection with a relevant offence

R - Anything used or intended / connected with relevant offence

U - Stolen or otherwise unlawfully obtained

P - Prohibited plant or drug

Question 21

What are the rules under Section 33 of LEPRA?

Answer 21

• Conducted in private area
• Not in presence or view of opposite sex
• No search of cavities
• No examination of person by touch
• No more clothes than necessary
• Can be preformed in front of medical practitioner of opposite sex

If between 10-18 or impaired intellectual
- in presence of a parent or guardian