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Sgt CPK 2023, Dec > 4) Search and Surveillance > Flashcards

4) Search and Surveillance Flashcards

1
Q

Define unlawfully at large

A
  • Arrest warrant
  • prison breaker
  • escapee from custody (under arrest)
  • special patient (Mental Health Act))
  • special care recipient (Intellectual Disability Act)
  • young person absconding from OT custody
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2
Q

What general principles apply during search?

Search and Survellience Act 2012

A
  • Lawful and reasonable
  • Search hierachy - warrant/warrantless/consent
  • Decision records
  • Identification and notice - RAN/RAIN
  • Force must be reasonable
  • Search/seizure should be witnessed
  • Property inventory
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3
Q

Section 7

Search and Survellience Act 2012

A

RGTB person in place or vehicle and RGTS unlawfully at large
- can enter place or vehicle to search and arrest

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4
Q

Section 8

Search and Survellience Act 2012

A

RGTS person has committed a imprisonable offence
and
RGTB that they will leave place or vehicle to avoid arrest or
CADD
- Enter place or vehicle to search and arrest

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5
Q

Section 14

Search and Survellience Act 2012

A

RGTS offence is being committed, cause injury to person or damage property
- Emergency power to enter place or vehicle and take any action required

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6
Q

Section 15

Search and Survellience Act 2012

A

RGTS serious offence (14+ years)
and
RGTB evidential material present and risk of CADD
* Enter and search

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7
Q

Section 16

Search and Survellience Act 2012

A

RGTB person in public place in possession evidential material related to a serious offence
* search person

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8
Q

Section 17

Search and Survellience Act 2012

A

RGTB that a vehicle in a public place contains evidential material related to serious offence
- enter and search

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9
Q

Section 18

Search and Survellience Act 2012

A

RGTS firearms in any place or vehicle
* enter, search and seize

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10
Q

Section 28

Search and Survellience Act 2012

A

RGTS that a person in a vehicle is committing an offence in public place and vehicle contains offensive weapon/knife/disabling substance
* search the vehicle

Section 27 - Search person

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11
Q

Section 27

Search and Survellience Act 2012

A

RGTS person committing offence in public place with offensive weapon/disabling substance
* search the person

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12
Q

Section 29

Search and Survellience Act 2012

A

RGTB stolen property in a vehicle
* search the vehicle in public place

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13
Q

Section 83

Search and Survellience Act 2012

A

RGTB evidential material in a place and if entry was delayed CADD would occur
* Enter the place to search

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14
Q

Section 84

Search and Survellience Act 2012

A

RGTB evidential material from offence is in a vehicle
* Enter and search the vehicle

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15
Q

Consent search

A

S92: reason to justify
S93: advise person re: consent and refuse
S94: Search unlawful if don’t do 92/93
S95: <14 can’t consent to vehicle/place search except driver and no adult present
<14 can consent to personal search
S96: rules don’t apply when COE include search

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16
Q

Section 110

Incidental powers

Search and Survellience Act 2012

A
  • bring/use equipment from the place
  • access a computer/data storage device
  • take photographs/drawings
17
Q

Section 112

Search and Survellience Act 2012

A

Power to seize items of unknown status if uncertain if can be lawfully seized
Item can be removed pending clarrification

18
Q

Section 117

Search and Survellience Act 2012

A
  • 6 hour hold on place/vehicle/thing
  • until warrant granted
  • or refused
19
Q

Section 118

Search and Survellience Act 2012

A

Power to detain person associated with vehicle/place

20
Q

Section 119

Search and Survellience Act 2012

A

RGTB evidential material
Or
RGTS dangerous item
* Power to search any person at vehicle/place

21
Q

Section 120

Search and Survellience Act 2012

A

Person or vehicle leaves that you intend to search
* power to apprehend the person
* or enter any place to apprehend the vehicle or person

22
Q

Section 123

Search and Survellience Act 2012

A

Seize item in plain view
If would have been seized under lawful search power

23
Q

Section 131(1)

Search and Survellience Act 2012

A

Allows for unannounced entry
* if warning would endanger Police
* Preventing destruction evidence
* Hot pursuit offender

24
Q

Section 131

Search and Survellience Act 2012

A

Person present:
* copy of warrant
* or “notice to person present during warrantless search (POL1275)

Not present:
* Copy of warrant and “notice to occupier…”
* Copy of the “notice to person not present during warrantless search (POL1275)

Seized items - within 7 days provide (S133)
* inventory
* copy of authority (warrant/POL1275)

25
Q

Section 121

Search and Survellience Act 2012

A

With and without warrant:
Stop a vehicle if grounds exist to search vehicle

26
Q

Section 122

Search and Survellience Act 2012

A

If you have lawful authority to search and impracticable
- move the vehicle for safekeeping

27
Q

Section 128

Search and Survellience Act 2012

A

Power to require vehicle to remain stopped as long as reasonably necessary - including occupants

28
Q

Requirements after stopping vehicle:
Section 129

Search and Survellience Act 2012

A

After stopping vehicle: RAN

29
Q

Section 9

Search and Survellience Act 2012

A

Power to stop a car and to enact section 7 or 8

30
Q

Section 30

Search and Survellience Act 2012

A

RGTB person in a vehicle
* unlawfully at large or
* committed imprisonable offence

With senior constable/sergeant permisssion

Establish road block for up to 24 hours

31
Q

Section 11 Custody Search

Search and Survellience Act 2012

A

Before locked up
Protect the person’s property and remove items that might be used to harm themselves or others

Can only be repeated if:
* in proximity of unsearched person
* RGTB possess something that could hurt self or others

32
Q

Section 85 Rub Down Search

Search and Survellience Act 2012

A

Arrested or detained to ensure not carrying
* harm any person
* facilitate the person’s escape

33
Q

Section 88 Evidential Material

Search and Survellience Act 2012

A

Rub down search for items:
* harm any person
* facilitate the person’s escape
* RGTB evidential material (eg swabs)

34
Q

Section 125 obligations

Search and Survellience Act 2012

A

RAN
Inventory of seized items

35
Q

Section 169 notifications

Search and Survellience Act 2012

A

Notify Commissioner - ASAP, no later than end of shift.
any search related to
-warrantless search/entry related to place or vehicles
(except 14, consent or custody/rubdown)

Sgt CPK 2023, Dec (12 decks)

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