Perkshd colajhe > SnS > Flashcards

SnS Flashcards

(50 cards)

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1
Q

Reasonable Grounds to Suspect

A

Having a sound basis for suspecting that a situation or circumstance is likely to exist

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2
Q

Reasonable Grounds to Believe

A

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

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3
Q

What are the General Principles of Search?

A

All searches must be lawful and reasonable. You may only conduct a search if it has lawful authority. This means you must always either

  • execute a search warrant, or
  • exercise a warrantless power, or
  • conduct a consent search

If a search is not conducted under an awful authority, it will be unlawful and any evidence other may not be admissible.

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4
Q

Section 125, Search and Surveillance Act 2012. What MUST you do?

A

NIAR

When exercising power to search person, you must

N - state name and/ or QID and ID if not in uniform

I - intention to search

A - state the ACT (SAS2012)

R - Reason for the search

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5
Q

Section 125, Search and Surveillance Act 2012. What MAY you do?

A
  • Detain (as long as necessary to carry out search)
  • Use reasonable force (to carry out search. Arrest for obstruction and use force to complete search
  • Search - any item person is wearing or carrying or is in person’s physical possession or immediate control
  • Seize - anything person is carting or is in their physical possession or immediate control
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6
Q

Searches of Arrested or Detained Persons. What are main Sections?

A

Section 85 - Rub down search of arrested or detained persons
- to ensure not carrying things that could harm any person facilitate escape

Section 88 - Warrantless Search of arrested or detained persons (for evidential material)
- evidential material, something that may be used to harm or facilitate escape

Section 11 - Warrantless searches of people who are, or are to be, locked up in Police custody

Section 13 - Property taken from people locked up in Police Custody
- must release/return unless evidence of unlawful/offenxe

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7
Q

Section 85, Search and Surveillance Act 2012

A

S85 - RUB DOWN SEARCH OF ARRESTED OR DETAINED PERSONS

When:

  • person is arrested
  • person is detained under statutory power of detention

To ensure not carrying anything that may:

  • harm any person
  • facilitate person’s escape

(Obligations under 125: NIAR)

S85(2)

  • May rub/pat outside or inside clothing (not under)
  • pockets, pouches fine
  • visually inspect mouth, palm hands, soles feet, lift/rub hair

S86

May:

  • remove, lower, open any outer clothing (unless nothing underneath)
  • remove any head covering, gloves, footwear, socks, stockings

S87

May:

  • visually exam mouth, nose, ears
  • NO INSTRUMENTS INTO OROFICES
  • illuminating or magnifying devices fine
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8
Q

Section 88, Search and Surveillance Act 2012

A

S88 - WARRANTLESS SEARCH OF ARRESTED OR DETAINED PERSONS (FOR EVIDENTIAL MATERIAL)

  • may search pursuant to arrest/statutory detention if you have RGTB person is carrying anything that
  • is evidential material relating to offence
  • may be used to harm any person
  • may be used to facilitate escape
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9
Q

Section 11, Search and Surveillance Act 2012

A

S11 - WARRANTLESS SEARCHES OF PEOPLE WHO ARE, OR ARE TO BE, LOCKED UP IN POLICE CUSTODY

May conduct warrantless search of any person taken into lawful custody and is it is to be locked up

  • at police station
  • in other premises used for police purposes
  • in or about to be placed in a vehicle being used for Police purposes

S11(3)

Searching after person has been locked up

May do if

  • person was not searched before locked up
  • reasonably suspect they have been close to another person who has not been locked up
  • reasonably suspect they have been close to another person locked up but not searched yet
  • RGTB person may have anything that may be used to harm anyone
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10
Q

Section 13, Search and Surveillance Act 2012

A

S13 - PROPERTY TAKEN FROM PEOPLE LOCKED UP IN POLICE CUSTODY

If you take money/property from person under S11, must return when person is released, unless

  • evidence against person
  • possession constitutes offence

If person placed into another’s custody, property must be delivered to

  • person in charge of custody/ in charge of facilities
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11
Q

Consent Searches - relevant sections (SAS2012)

A

S91 - RULES
- use statutory power before consent.

S92 - PURPOSES

  • prevent/investigate offence, protect life/property, prevent injury/harm)
  • May ask to search person, place, vehicle, thing in their control

S93 - ADVICE GIVEN

  • determine search is authorised under S92
  • advise reason
  • advise person may consent/refuse anytime

S94 - WHAT’S UNLAWFUL

  • Purpose not in S92
  • Fail to give S93 advise
  • Consent given by person without authority to consent

S95 - UNDER 14s

Cannot consent to

  • place, vehicle thing
  • person driving vehicle can consent to vehicle search if:
  • no person over 14 in vehicle has authority over vehicle/authority to consent

S96 - EXCEPTIONS

S92 and S95 do not:

  • apply to search conducted as condition of enter u to public/private place
  • apply to search conducted in accordance with with statutory search power
  • affect rule of law relating to implied licence to enter property
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12
Q

Section 169, Search and Surveillance Act 2012

A

S169 - Reporting use of Powers

  • When you use warrantless power of entry, search or surveillance you must report this by completing an online notification form as soon as practicable m

Must contain

  • short summary of circumstances
  • reasons needed to exercise warrantless power
  • whether any evidential material was seized
  • whether any criminal proceedings have been brought or are being considered as a consequence of seizing that evidential material

Don’t Report on:

  • search of person following arrest/detention (eg 85/88)
  • search of person in lawful custody (11)
  • consent search (91-96)
  • power of entry that doesn’t confer search (eg s14)
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13
Q

Section 131, Search and Surveillance Act 2012

A

S131 - Identification and notice requirements

Before initial entry into or into place, vehicle or other thing searched you must

  • Identify yourself by name or QID
  • announce intention, Act
  • if not in uniform, proof of id

Must provide

  • copy of warrant
  • act, reason unless impracticable

Don’t have to if no one lawfully present or doing so would endanger any persons safety, prejudice successful use of search and entry power or prejudice ongoing investigations

If no one present, before leaving

  • leave search warrant, prominent position
  • leave written notice, act/reason in prominent position (if warrantless)
  • if not practicable, do within 7 days and provide date/time/id/qid/seized items/authority/reason

You may use reasonable force to enter a place, vehicle or other thing if you have reasonable grounds to believe that

  • no one lawfully present
  • announcing intention and identity self would endanger any person’s safety, prejudice successful use of search and entry power, prejudice ongoing investigations
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14
Q

Section 110, Search and Surveillance Act 2012

A

S110 - Power incidental to search of places and vehicles

Every search power authorises you to

Enter and search

(The place, vehicle or other thing and any items found, at reasonable time)

Request assistance

(Use reasonable force (on property only to search and lawfully seize)

Seize

(Anything that is the subject of the search or anything else that may be lawfully seized)

Bring and Use

(Any equipment, or use equipment found in place, may use electricity from place to operate equipment for entry and search)

Bring and Use

(Trained law enforcement dog and handler)

Copy

(Any documents that may be lawfully seized)

Use reasonable measures

(To access computer system/data storage device at place of intangible material is subject of search)

Every search power authorised you to

  • Copy (intangible material, eg. Previewing, cloning)
  • Take (photographs, drawings, sound recording software place, if relevant)
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15
Q

Use of Force when searching vehicle and places. What sections apply

A

S131(3) - when you have to use force to ENTER (eg. Smashing car window or forcing dwelling door open)

S110 - force on property once you have gained entry (eg, forcing open vehicle glove box or cupboard door)

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16
Q

Section 14, Search and Surveillance Act

A

S14 - Warrantless entry to prevent offences or respond to risk to life or safety

If you have RGTS in relation to place or vehicle

And offence is being committed or is about to be committed that would be likely to cause

  • any injury to any person

Or

  • serious damage to or serious loss of, any property

Or

  • There is a risk to the life or safety of any person that requires an emergency response

You may

  • enter the place or vehicle without warrant

And

  • take any action that you have reasonable grounds to believe is necessary to

—Prevent the offending from being committed or continuing

Or

— to avert the emergency

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17
Q

Section 7, Search and Surveillance Act

A

S7 - Entry without warrant to arrest person unlawfully at large

If you have reasonable grounds

  • to SUSPECT that a person is u lawfully at large

And

  • to BELIEVE that the person is in a place or vehicle

You may

  • ENTER the place of vehicle without warrant to search for and arrest that person
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18
Q

Section 8, Search and Surveillance Act 2012

A

S8 - Entry without warrant to avoid loss of offender or evidential material

If you have reasonable grounds to

  • SUSPECT that a person has committed an offence punishable by imprisonment for which that may be arrested without warrant

And

  • BELIEVE that person is in a place or vehicle

And

  • BELIEVE that, if entry is not effected immediately, either or both of the following may occur
  • the person will leave to avoid arrest
  • evidential material might be CADD (concealed, altered, damaged or destroyed)

You may

  • enter that place or vehicle without warrant

And

  • search for and arrest the person you suspected has committed the offence
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19
Q

Section 83, Search and Surveillance Act 2012

A

S83 - Entry without warrant after arrest

If you have arrested a person and have reasonable grounds to believe that

  • evidential material relating ti the offence for which the person was arrested at is at a place and
  • if entry is delayed in order to obtain a search warrant, the evidential material will be CADD (concealed, altered, damaged or destroyed)

You may

  • enter that place without warrant to search for the evidential material (whether or not the person was arrested there)
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20
Q

Section 84, Search and Surveillance Act

A

S84 - Warrantless entry and search of vehicle after arrest

If you haven’t gone yet arrested a person and have RGTB that:

  • evidential material relating to the offence for which the person was arrested is in or on a vehicle

You may:

  • enter and search that vehicle for the evidential material without warrant (whether or not the person arrested was with the vehicle)

—only intended for vehicles in public place

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21
Q

Section 29, Search and Surveillance Act 2012

Study These Flashcards
A

S29 - Power to search vehicles without warrant for stolen property

If you have RGTB any stolen property is in or on any vehicle

You may

Search the vehicle without warrant

22
Q

Section 112, Search and Surveillance Act 2012

Study These Flashcards
A

S112 - Items of uncertain status may be seized

If you are exercising a search power and

  • you are unsure whether any item found may be lawfully seized and
  • it is not reasonably practical to determine whether the item can be seized at the place or vehicle where the search takes place

You may

  • remove the items for analysis or examination to determine whether it may be lawfully seized
23
Q

Section 123, Search and Surveillance Act

Study These Flashcards
A

S123 - Seizure of items in plain view

If you, as part of your duties

  • exercise a search power
  • are conducting a lawful search of a person or
  • are lawfully in any place or in or on a vehicle

You may seize any items you or anyone assisting you find

  • in the course of carrying out the search
    Or
  • as a result of observations at that place or in or on the vehicle

And you have RGTB that you could have seized the item under

  • any search warrant that you could have obtained
  • any other search power you may exercise
24
Q

Section 133, Search and Surveillance Act

Study These Flashcards
A

S133 - Inventory of Items Seized

If you seize anything as a result of a search of a place, vehicle or other thing, you must supply

  • written notice (warrantless search notice) or a copy of any search warrant/order (only if not provided on entry)
    And
  • an inventory specifying what has been seized

To

  • the occupier of the place
  • the person in charge of the vehicle or other thing
  • to every other person you believe is the owner of the thing seized
  • at the time of seizure or
  • as soon as practicable after
  • no later than 7 days

Leave in prominent position

25
Section 9, Search and Surveillance Act 2012
S9 - stopping a vehicle to find persons unlawfully large or who have committed certain offences (imprisonable offences) - if you have RGTS that a person is - unlawfully at large or - has committed an offence punishable by imprisonment and - you have RGTB the person is in or on a vehicle You may - stop the vehicle without warrant to arrest the person
26
Section 10, Search and Surveillance Act 2012
S10 - Powers and duties of constable after vehicle stopped If exercising power under S9, you may —require any person in or on the vehicle to supply all or any of their name, address, other contact details and DOB if you have RGTS - they are unlawfully at large or - they have committed an imprisonable offence Then you may also - search the vehicle to locate the person the vehicle was stopped for if you have reasonable grounds to believe the person is in or on that vehicle - search the vehicle to locate evidential material in relation to any offence in respect of which the vehicle was stopped if the person sought — has been arrested or — is seen fleeing from the vehicle before they can be arrested If the driver is not the person the vehicle was stopped for you must tell the driver the object of the proposed search before conducting the search.
27
SASA 2012, S 9
S9 - Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences) - if RGTS that a person is - unlawfully at large - has committed imprisonable offence And - RGTB the person is in or on a vehicle You may - stop the vehicle without warrant to arrest the person
28
SASA 2012, S10
S10 - Powers and duties of constable after vehicle stopped If exercising powers under S9, you may: Require any person in or on vehicle to supply all or any of their name, address, other contact details and DOB if you have RGTS - they are unlawfully at large or - they have committed imprisonable offence You may also - search vehicle to locate person vehicle was stopped for if you have RGTB they are in or on vehicle - search vehicle to locate EM related to any offence in respect of which vehicle was stopped if person sought —has been arrested or — is seen fleeing from the vehicle before they can be arrested If driver is not person vehicle was stopped for you must tell them the object of proposed search before conducting search
29
SASA 2012, S121(1) and S121(2)
S121(1) - Stopping vehicle without warrant for purposes of search - if you are satisfied there are grounds to conduct warrantless search under this act you may - stop a vehicle so conduct the warrantless search S121(2) - Stopping a vehicle to execute a search warrant If you are studied that search warrant has been issued under this act and it is in force, you may - stop a vehicle to execute search warrant Must do RAN Must be wearing cap with affixed bade of authority or Be behind with flashing blue or flashing red and blue lights
30
SASA 2012, S122
S122 - Moving a Vehicle for purpose of search or safekeeping If you find or stop a vehicle and you have - lawful authority to search the vehicle, but it is impractical to do so at that place Or - RGTB necessary to move vehicle for safekeeping You may - move that vehicle
31
SASA 2012, S128
S128 - Duty to remain stopped If you exercise a power to - stop vehicle or - search vehicle - you may require a vehicle to remain stopped for as long as it is necessary to exercise any powers in relation to - the vehicle or - occupants of the vehicle
32
SASA 2012, S 129
S129 - Duty to Provide Information If you exercise a power to stop a vehicle, as soon as you have stopped it, you must provide the driver with - your name/QID And - Act under which search is taking place and reason unless impractical in circumstances And - proof of your identity if not in uniform
33
SASA 2012, S30 and S32
Road Blocks S30 - obtaining authorisation for warrantless road block If senior constable (sgt/acting sgt or higher) - has RGTB that in or on vehicle is person RGTS - has committed imprisonable offence or - is unlawfully at large and - has RGTS vehicle will travel past place - is satisfied, far as reasonably practicable, road users will be safe - may authorised establishment of road block to arrest person S32 - Authorised road blocks implemented without warrant When road block is authorised under S30, you may: - establish road blocks at specified place - stop vehicle at or in vicinity of road block - require any person in or on any vehicle stopped by the road block, who you have RGTS has committed an offence punishable by imprisonment, to state any or all of his or her name, address and date of birth - search the vehicle for the purpose of locating the person who has committed an offence punishable by a term of imprisonment or who is unlawfully at large if any constable has RGTB the person is in or on the vehicle
34
SASA 2012, S116(1)(a)
S116(1)(b) Secure place, vehicle or other thing - if you are carrying out any search of a place, vehicle or other thing, you may, in a reasonable manner and for a reasonable duration - secure the place, vehicle or other thing being searched - secure any area in it in that place, vehicle or thing - secure any items found in it on that place, vehicle or thing being searched
35
SASA 2012, S116(1)(b)
S166(1)(b) Exclude person from place, vehicle or other thing - if you believe a person will obstruct or hinder any of the powers above, you may, in a reasonable manner and for a reasonable duration - exclude any person from the place, vehicle or other thing being searched - exclude any person from any area within the place, vehicle or other thing - give any reasonable direction to such a person
36
SASA 2012, S116(2)
S166(2) - Obligations on request by affected persons If you are exercising 116(1)(a) or (b) and any person affected requests it, you must - ID yourself - State Act - Reason - Proof if no uniform
37
SASA 2012, S118
S118 - Powers of detention incidental to powers to search places and vehicles If you exercise a search power in relation to a place or vehicle And You need to determine if there is any connection between a person at the place or in or in the vehicle and the object of the search, then you may - detain any person who - is in that place or in or in vehicle at the start of the search - arrives at the place while the search is being carried out - stops at, or enters, or tries to enter the vehicle while the search is being carried out When detaining a person, you may - detain them for a reasonable period but for no longer than the duration of the search s118(2) - use reasonable force to effect and continue the detention of the person at the search scene: s118(4) If they leave when detained without reasonable excuse, arrest and charge under s176
38
SASA 2012 - S119
S119 - Powers to search persons at a place or vehicle If you exercise a power of search in relation to a place or vehicle you may search any person - found at the place or in or on the vehicle Or - who arrives at the place Or - who stops at, or enters, or tries to enter or get into or into the vehicle If either - you have RGTB that EM you are searching for is on the person (s119(1)) Or - you have RGTs that person has in their possession a dangerous item that poses threat to safety, and you believe immediate action necessary s119(2) Once completed must return if no threat (s119(3))
39
SASA 2012, S117
S117 - Entry where a search warrant is pending If search warrant application is about to be made or is being made and - application not get granted/refused And - RGTB that before search warrant can be issued, EM may be CADD or removed May - enter. Secure place, vehicle, thing - secure any items found - direct any person to assist Only for 6 hours after power first exercised Or Search warrant granted/refused
40
SASA 2012, S15
S15 - Entry without warrant to find and avoid loss of evidential material (serious offence) If RGTS that - 14 years+ imprisonable offence has been/is/about to be committed And RGTB - EM relating to offence is in place And - If entry is delayed in order to obtain a search warrant, EM will be CADD You may - enter and search without warrant S15 also intended for vehicle at the place being searched, but not public place vehicle (that’s 17)
41
SASA 2012, S16
S16 - Searching people in public place without warrant for evidential material relating to certain offences (serious offences) If a person is in a public place and you have RGTB - person is in possession of EN relating to imprisonable offence (14 years +) You may - search person without warrant May also - detain person for search (s125) - search anything they’re wearing or in immediate possession or control (s125) - seize anything that is subject of search or unlawful (s125)
42
SASA - S17
S17 - Warrantless entry and search of a vehicle for evidential material relating to certain offences (serious) If a vehicle is in a public place and RGTB that - EM relating to 14 year * imprisonable offence is on or in vehicle You may - enter and search the vehicle without warrant Only for public place, s15 for vehicle on property
43
Warrant Preference Rule
- search warrant - warrantless search power - consent search Must used highest available
44
SASA 2012, S18
If RGTS person carrying arms or in possession or control AND - breaching Arms Act - physically, mentally incapable of proper control - may kill or cause bodily injury - PO under FVA2018 - grounds for PSO - PSO under FVA2018 Then may do any or all of - search person and anything in possession or control including vehicle - enter place or vehicle and search person and anything etc - seize and detain arms found - seize and detain firearms licence 118(3) powers If cat 3 or 4 is, has, was committed or arms may be EM for cat 3/4 May without warrant Enter place or vehicle and search it Seize and detain any arms or licence found
45
SASA2012, Section 20
S20- warranties search of places and vehicles in relation to some misuse of Drugs Act offences - if RGTB in place or vehicle there is - controlled drug or precursor substance And - RGTB not practicable to get warrant And - RGTS in place or vehicle offence against MODA75 has, is being, is about to be committed And RGTB em cadd if entry and search isn’t immediate You may Enter and search without warrant
46
SASA2012, Section 21
S21 - warrantless search of people found in or on places or vehicles If you search place or vehicle under s20 you may - search any person found at place or vehicle Extra powers Detain s125(1)(d) Search anything in their possession 125(1)(I)
47
SASA 2012 - Section 22
S22 - warrantless power to search for controlled drugs and precursor substances if offence suspected against MODA75 If RGTB person in possession and RGTS committing offence against MODA May search without warrant Can detain, search anything in possession or immediate control, seize anything they wear or in control of subject
48
Powers under S20-22 of SASA are only available when searching for what drugs?
- controlled drug specified in schedule 1 - part 1 of schedule 2 - part 1 of schedule 3 - precursor substance in part 3 of schedule 4
49
SASA, s27
Searching people in public places if offence against 202A(4)(a) of crimes act suspected (offensive weapons) If RTGS this offence, may search person
50
SASA, s28
Searching vehicles for offensive weapons Of RGTS person travelling in vehicle or who exited vehicle commits offensive weapons possession crime And Vehicle contains knife, offensive weapon, disabling substance May search vehicle
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