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Flashcards in 4 S&S 2012 Deck (15)
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1

What should all searches be?

Lawful and reasonable

2

Search Hierachy

Warrant

Warrantless power

Consent

3

For any search to be lawful you must?

Execute a warrant power

Exercise a warrantless power

Have the persons consent

4

All powers to search places, vehicles and things have what?

Associated power to seize anything subject f the search or may be lawfully seized

A number of other associated powers

5

s7

Entry to arrest person unlawfully at large

(SUSPECT person is unlawfully at large and BELIEVE person is in a place or vehicle)

6

s8

Entry to avoid loss of offender or evidential material

7

s14

Entry to prevent offence or respond to risk to life or safety

(Take any action reasonable in the circumstances)

8

s15

Entry and search of places to avoid loss of evidential material
(Offences 14 yrs +)

9

s83

Entry and search of places after arrest

(Believe evidence is at the place and will be CADD)

10

Age limit for a consent searches?

A person under 14 years of age cannot consent to the search of a place, vehicle or thing - unless found driving a vehicle

11

What is implied licence?

Persons can enter private property as necessary to make an enquiry of an occupier for a reasonable purpose or lawful enquiry.

Implied licence can be revoked by the occupier at any time

12

s117 Power to Secure a scene

How long can you exercise this power?

Expiry of 6 hours from when the power is exercised

Warrant is available for execution

Application for a warrant is refused

13

Identification and announcement requirements?

Before initial entry:
Announce intention to enter and search the place, vehicle or thing

Identify yourself

Provide a copy of the search warrant

14

s121

Stopping vehicles with or without warrant to search

15

s9 - You may stop a vehicle without warrant to effect arrest if?

Reasonable grounds to suspect a person is unlawfully at large
OR
Has committed an offence punishable by imprisonment
AND
Believe person is in/on the vehicle