SS01

Question 1

Define: Reasonable grounds to believe

Answer 1

Sound basis for believing that a situation exists. This is seen as stronger evidence than RGTS

eg. You enter and search a house, person, Vehicle because you believe that a search will find you what you’re looking for

Question 2

Define reasonable grounds to suspect:

Answer 2

Means you have a sound basis for suspecting that a situation or circumstances exist. This is weaker evidence than RGTB

E.g you enter a house or vehicle because you suspect an offence has been or is about to be committed there

Question 3

A general principle of Search and Surveillance act 2012 is that all searches must be reasonable and lawful.

Explain factors considered when deciding on if a search is reasonable:

Answer 3

Factors considered with reasonable:

• The nature of a search
• How intrusive the search is
• Where and How the search was undertaken

Question 4

A general principle of Search and Surveillance act 2012 is that all searches must be reasonable and lawful.

What makes a search lawful:

Answer 4

Having a search warrant 
OR
Having a warrantless search power
OR
I have arrested somebody

Question 5

When searching somebody under a warrantless power, what obligations must you comply with (Section 125):

Answer 5

You must:

• Reason for search
• Act
• Name self and identify
• Report the use of warrantless powers

Question 6

Sections 85 and 88 have differences in the Search and Surveillance act regarding searches. What is the difference?

Answer 6

85: is a run down search of a person arrested or detained to ensure the person has no item that can harm another person or facilitate escape
88: same as 85 with the inclusion of any evidential material relation to the offence in relation to the arrest. Must have RGTB

Question 7

Search and Surveillance gives me powers surrounding a person property (section 11). What is the purpose of this?!

Answer 7

I have the provision to removed a detained persons property and money for safe keeping incl. removing items that can be used to harm.

THIS IS NOT TO LOOK FOR OR SEIZE EVIDENTIAL MATERIAL

Question 8

I have taken somebody’s property for safe keeping under section 11. What does Section 13 require me to do?!

Answer 8

Outlines that items must be returned to a person when they are released from custody. If the person switches facilities, the items must follow

Question 9

Before undertaking a consent search under Section 93 of the Act, what must I advise somebody of:

Answer 9

• The reason for the search

- That they may consent or refuse to consent to the search

Question 10

What am obliged to disclose to somebody when undertaking a warrantless search to their person:

Answer 10

R - Reason for Search
A - Act
N - Name and Identification (QID)

Question 11

How long can I detain somebody under Search and Surveillance act 2012

Answer 11

For as long as reasonably necessary

Question 12

What does section 125 oblige me to do before a warrantless search to a person:

Answer 12

State:
R - Reason for search
A - Act
N - Name and identification (QID)

Question 13

What does section 92 discuss in Search and Surveillance act 2012

Answer 13

Searching somebody with Consent