Search Options Flashcards
If it is not practicable in the circumstances to apply for a SW what other two options do you have available?
Search using a warrantless power
Search by consent
Why use a search warrant?
Using a search warrant :
-ensures judicial oversight
- provides greater protection for Police and the public
- requires recording and reporting of results
What sections cover search by consent?
Sections 91 - 96 of S&S Act 2012
Before conducting a search by consent you must determine that the search is for one of the following reasons- list
To prevent the commission of an offence
To investigate whether an offence has been committed
To protect life or property
To prevent injury or harm
One or more must exist to justify any consent search.
Before conducting a search by consent you must advise the person from whom consent is sought what?
The reason for the proposed search and that they may consent or refuse to consent to the search
Can a person withdraw consent?
Yes
A person who consents to a search of themselves, place, vehicle it thing in their control may withdraw their consent at any time. If this occurs you must stop the search immediately unless you can invoke a warrantless search power to continue.
What is good practice around consent search?
Record ground for requesting a consent search and make notes about the search in notebook
Is a person under 14 years old able to consent to a search?
No unless they are found driving with no passenger of or over 14 years of age with authority to consent to the vehicles search
Under the search and surveillance act reporting requirements do you have to report a consent search?
No
