Flashcards in 4 S&S 2012 Deck (15)
What should all searches be?
Lawful and reasonable
For any search to be lawful you must?
Execute a warrant power
Exercise a warrantless power
Have the persons consent
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
Entry to arrest person unlawfully at large
(SUSPECT person is unlawfully at large and BELIEVE person is in a place or vehicle)
Entry to avoid loss of offender or evidential material
Entry to prevent offence or respond to risk to life or safety
(Take any action reasonable in the circumstances)
Entry and search of places to avoid loss of evidential material
(Offences 14 yrs +)
Entry and search of places after arrest
(Believe evidence is at the place and will be CADD)
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
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
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
Identification and announcement requirements?
Before initial entry:
Announce intention to enter and search the place, vehicle or thing
Provide a copy of the search warrant
Stopping vehicles with or without warrant to search