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Search And Surviellance > Sections > Flashcards

Sections Flashcards

1
Q

Section 125

(Umbrella section)

A

Searching Persons - ID self, state intention to search, act and reason. Produce ID if not in uniform

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2
Q

Section 131

(Umbrella section)

A

Searching Places, vehicles and other things

ID self, state intention to enter and search, act and reason. Produce ID if not in uniform.

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3
Q

Section 110

(Umbrella section)

A

Powers incidental to using a power of search

  • Use of force, seize items, copy documents, bring and use equipment, request assistance, take photographs, access computers
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4
Q

Section 113

(Umbrella section)

A

Powers of persons called to assist

Must be accompanied on and supervised. All powers the same as 110 use of force, seize etc

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5
Q

Section 169

(Umbrella section)

A

Reporting use of warrantless powers

Requirement to report the use of warrant less powers

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6
Q

Section 116

Incidental Power (when a search power is being used this power can be used).

A

Power to secure place/vehicle/other thing to be searched - Freeze control preserve

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7
Q

Section 118

Incidental Power (when a search power is being used this power can be used).

A

Power to detain people at place/vehicle/other thing being searched to determine connection

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8
Q

Section 119

Incidental Power (when a search power is being used this power can be used).

A

Power to search person found arriving at place/vehicle/other thing being searched

RGTB person has evidential material on them

RGTS person is in possession of a dangerous item which poses a threat to safety ad believe immediate action is required

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9
Q

Section 15

A

Searching a place

RGTS offence 14+ has been is being or is about to be committed
RGTB EM is in a place
RGTB if entry is delayed EM will be concealed, altered damaged or destroyed.

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10
Q

Section 16

A

Searching a person in a public place

Person is in a public place
RGTB person is in possession of EM relating to an offence punishable by 14 years +

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11
Q

Section 17

A

Searching a vehicle in a public place

Vehicle must be in a public place
RGTB EM relating to an offence punishable by 14 years+ is in or on the vehicle

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12
Q

Section 18

A

Warrantless search associated with firearms.

RGTS person carrying/possession/control over firearms AND

  • breaching arms act
  • physically or mentally incapable to having proper control of the firearms
  • due to physically or mentally condition may kill or cause bodily injury to any person
  • a Protection Order is in force under the Domestic Violence Act
  • There are grounds for applying for a Protection Order
  • A PSO is in force

You may without warrant:

Search the person
Search anything in their possession or under their control (including a vehicle)
Enter a place or vehicle to search the person
Seize and detain any arms found (‘arms” includes ammunition)
Seize and detain the persons firearms licence

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13
Q

Section 18(3)

A

RGTS there are any arms in any vehicle or place AND

  • a cat 3 or 4 offence has been is being or is about to be committed
  • or the arms may be EM is relation to cat 3 or 4 offence or an offence against the arms act
  • May enter place or vehicle without a warrant
  • Seize and detains any arms or firearms licence found there
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14
Q

Section 20

A

Search of places or vehicles

RGTB controlled drug or precursor substance is in a place or vehicle
RGTB it is not practicable to obtain a search warrant
RGTS an offence against MODA has been is being about to be committed in the place or vehicle
RGTB entry is not carried our immediately EM relating to the suspected offence will be CADD

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15
Q

Section 21

A

People found in places or vehicles

Conducting a search under section 20
May search any person found in the place or vehicle

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16
Q

Section 22

A

Search of people in public place

RGTB person is in possession of controlled drug or precursor substance AND
RGTS an offence against MODA has been is being about to be committed
May search the person without warrant

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17
Q

Section 27

A

Search of people in public places

RGTS a person is committing an offence against 202A(4)(a) of CA 1961 (possession of offensive weapon)

May search the person without warrant

18
Q

Section 28

A

Search of vehicles in public places

RGTS person travelling in or who has exited from a vehicle is committing an offence against Section 202A(4)(a) AND
The vehicle contains a knife/offensive weapon/disabling substance
May search the vehicle without warrant

19
Q

Section 7

A

Entry to arrest person unlawfully at large

RGTS person is unlawfully at large
RGTB person is in a place or vehicle
May enter place without warrant to search for and arrest that person

20
Q

Section 8

A

Entry to prevent loss of offender or EM

RGTS person has committed imprisonable offence for which they can be arrested AND
RGTB person is in that place/vehicle AND
Believe if entry is not effected immediately one of both of the following will occur
- Person will leave the place to avoid arrest
- EM relating to the offence for which the person can be arrested will be CADD
May enter the place/vehicle and search for and arrest the person

21
Q

Section 14

A

Entry to prevent offences or risk to safety or life

RGTS an offence is being or is about to be committed in a place or vehicle
Likely to cause
- injury to any person or
- serious damage or serious loss to any property OR
- there is a risk to the life or safety of any person that required an emergency response

May enter the place without a warrant AND
Take any action based on RGTB is necessary to prevent the offending from being committed or continuing or
To avert the emergency

22
Q

Section 9

A

Stopping a vehicle to find a person who is unlawfully at large or has committed an offence punishable by imprisonment

Must have RGTS person unlawfully at large or has committed an imprisonable offence AND
RGTB the person is in or on a vehicle
You can stop the vehicle to arrest the person

23
Q

Section 10

A

Duties and powers e subsequent to stopping the vehicle under section 9

  • Require a person in/on the vehicle to provide their details if RGTS
  • They at unlawfully at large or have committed an offence punishable by imprisonment
  • May also search the vehicle to locate the person if RGTS they are in/on the vehicle
  • May search the vehicle to locate EM in relation to any offence the vehicle was stopped if
  • The person sought was arrested or
  • Was seen fleeing from the vehicle before they could be arrested

Note: If the driver was not the person south the

24
Q

Section 121

A

Stopping a vehicle for a search power

  • Must be satisfied grounds exist for a Warrantless search
  • Satisfied a search warrant has been issued
  • May stop the vehicle to conduct the Warrantless search or execute the SW
  • When requested by any person affected by the search you must
    1. ID self
    2. State act and reason for search unless impractical to do so
    3. Produce ID if not in uniform
25
Q

Section 122

A

Moving a vehicle

Find or stop a vehicle
Lawful authority to search the vehicle but impracticable to so do in that place or
RGTB it is necessary to move the vehicle for safe keeping
May move the vehicle to another place

26
Q

Section 128

A

Duty to remain stopped.

If an enforcement officer exercises a power to stop or search a vehicle, the enforcement officer may require the vehicle to remain stopped for as long as is reasonably necessary for the exercise of any powers in respect of—
(a)the vehicle; or
(b)the occupants of the vehicle

27
Q

Section 129

A

Duty to provide information

If an enforcement officer exercises a power to stop a vehicle, he or she must, immediately after stopping the vehicle,—

(a)identify himself or herself to the driver of the vehicle, either by name or unique identifier; and
(b)state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c)if not in Police uniform, produce evidence of his or her identity if the driver requests proof of identity.

28
Q

Section 29

A

Power to search vehicles without warrant for Stolen Property

A constable who has reasonable grounds to believe that any stolen property is in or on any vehicle may search it without a warrant

29
Q

Section 127

A

Search warrants to enter and search vehicles

If a search warrant is issued authorising the entry and search of a vehicle, the person executing the warrant may enter any place where the person has reasonable grounds to believe that the vehicle is for the purpose of locating it and searching it.

30
Q

Section 83

A

Entry without warrant after arrest
(1)This section applies if a person—

(a)arrests a person for an offence; and

(b)has reasonable grounds to believe that evidential material relating to the offence is at a place and that the evidential material will be destroyed, concealed, altered, or damaged if entry to that place is delayed to obtain a warrant.

(2)The person may enter the place without a warrant to search for the evidential material relating to the offence (whether or not the person was arrested there)

31
Q

Section 84

A

Warrantless entry and search of vehicle after arrest

A person to whom this subpart applies who has arrested a person and who has reasonable grounds to believe that evidential material relating to the offence for which the person was arrested is in or on a vehicle may enter and search it without a warrant.

32
Q

Section 88

A

Warrantless search of arrested or detained person

Person arrested of detained
RGTB the person has anything that
(a)may be used to harm any person; or
(b)may be used to facilitate the person’s escape; or
(c)is evidential material relating to the offence in respect of which the arrest is made or the person is detained

33
Q

Section 92

A

Purpose for which consent search may be undertaken

  • Prevent the commission of an offence
  • Protect life or property or t prevent injury or harm
  • Investigate whether an offence has been committed
  • Power of search conferred by another enactment
34
Q

Section 93

A

Advice that must be given before consent search undertaken

Before conducting a search by consent, the enforcement officer who proposes to conduct it must—
(a)determine that the search is for a purpose authorised by section 92; and
(b)advise the person from whom consent is sought of the reason for the proposed search; and
(c)advise the person that he or she may either consent to the search or refuse to consent to the search

35
Q

Section 95

A

Person under 14 years unable to consent to a search of a place or vehicle unless they are the drover of a vehicle and no one else in the vehicle is over 14

36
Q

Section 112

A

Items of uncertain status

Executing a power of search
Uncertain if an item can be lawfully seized AND
It is not reasonably practical to determine if the item can be seized at the place the search takes place
May remove the item for analysis/examination/enquiries to determine if it can be lawfully seized

37
Q

Section 123

A

Plain view seizure

Exercising a power of search OR
Lawfully searching a person OR
Lawfully in a place or vehicle
May seized any items found or observed in the course of the search IF
RGTB the item could have been seized pursuant to a SW or any other search power

38
Q

Section 133

A

Notice of search and inventory of items seized. No later then 7 days after seizure

39
Q

Section 150

A

Certain things must be returned

40
Q

Section 151

A

Custody of items seized

41
Q

Section 120

A

Power of search where suspect pursued

42
Q

Section 117

A

Special power when SW pending

SW is about to be made or is being made AND
The application has not yet been granted or refused AND
RGTB before the SW can be issues EM my be CADD
May enter and secure the place or vehicle
Secure any item found there AND
Direct ant person to assist with the entry and securing of the place/vehicle and items found there

Powers only apply until either

  • six hours expiries from time power was exercised
  • SW is available for execution
  • The application for the SW is refused

Search And Surviellance (10 decks)

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