4. Search and Surveillance Flashcards
(83 cards)
1
Q
What is evidential material?
A
Evidential material means evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence in the circumstances
2
Q
What is reasonable grounds to believe?
A
Having a sound basis for believing that a situation or circumstance actually exists e.g. reasonable grounds to believe that the search will locate evidential material relating to that offence
3
Q
What does reasonable grounds suspect mean?
A
Having a sound basis for suspecting that a situation or circumstance is likely to exist
4
Q
All searches must be what?
A
Lawful and reasonable
5
Q
What does unlawfully at large mean?
A
In relation to a person means a person who has a warrant to arrest, Unlawfully at large, A prison breaker, an escapee from lawful custody, a Special patient, a care recipient and a young person under the various acts.
NOTE:it does not include someone who is on home detention.
6
Q
What is the search hierarchy?
A
Always obtain a search warrant unless not practicable, Consider using a warrantless search power - must make decision logs
7
Q
What are your obligations when conducting a search In relation to identification and notice?
A
- Identify yourself
- authority for searching
- reasons why a search has been conducted
8
Q
What must force be when gaining entry to any Place vehicle or other thing?
A
Reasonable in the circumstances And in a reasonable manner
9
Q
What must you consider when undertaking a risk assessment when planning a search for taking action?
A
- Mitigate risks to protect the safety of the public and employees carrying out the search
10
Q
Searches can be hazardous. prior to a search what should you include in your briefing?
A
Safety precautions and note in decision log
11
Q
What should search and seizure be?
A
Witnessed by another member and documented/accounted for
12
Q
What does implied license mean?
A
Police can Enter Private property to make an enquiry, but the implied license can be revoked by the occupier at any time
13
Q
Consent to searches extends to what items?
A
Any item that the person is wearing or carrying or is in the person’s physical possession or immediate control provided the person consents to these items being searched
14
Q
What are the disadvantages of using consent searches?
A
- The person being searched can withdraw their consent at any time
- If a search power is involved after withdrawal of consent, the initial request may be seen to be token and meaningless
- The existence of validity of any consent given maybe challenged in court
15
Q
Statutory notification on the exercise of warrantless powers - you must notify commissioner of what?
A
- Summary of the circumstances surrounding the exercise of the power and the reason
- With any evidential material was seized or obtained
- Whether any criminal proceedings have been brought or been considered as a consequence of the seizure evidential material
16
Q
When are you not required to notify the commissioner?
A
- A search by consent
- Warrantless entry to prevent offence or respond to risk of life or safety - s14
17
Q
What is s7 S & S Act 2012 - Entry to arrest unlawfully at large
A
- RGT suspect that a person is unlawfully large and believe that person is in a place or vehicle
- Enter Place or vehicle without warrant to search for an arrest the person
18
Q
What is S8 - Entry to avoid loss of offender or evidential material?
A
RGT suspect - That a person has committed an offence punishable by imprisonment and they can be arrested without warrant
- and believe that person is in a place or vehicle and believe that if entry the person will leave the place/vehicle to avoid arrest and CADD occur
- Enter that place or vehicle without warrant and search for an arrest the person you suspect has committed their offence
19
Q
Can you search for evidential material under s8?
A
Only if an arrest has been made and a search is incidental to that arrest
20
Q
What is s14 entry to prevent offence or respond to risk to life or safety?
A
- RGTS in relation to a place or vehicle and offence is being/about to be committed and would likely cause injury to any person or serious loss of or serious damage to any property or
- There is risk to life or safety of any person that requires an emergency response
- Enter place or vehicle without warrant and take any action you have RGB to prevent the offending from being committed or continuing or advert the emergency
21
Q
What is s15 entry and search of places to find/avoid loss of evidential material?
A
RGT suspect an offence punishable by 14 years imprisonment or more has been is being is about to be committed and
- Believe that evidential material relating to the offence is in the place
- if entry is delayed in order to obtain a search warrant CADD will occur
- search the place without a warrant
22
Q
Take any action s14 means?
A
Means any action that is reasonable in the circumstances
- no power of search or detention
23
Q
S15 is about urgency. Once the urgency has passed, what should you consider?
A
Obtaining a search warrant. Can also consider section 117 (secure scene)
24
Q
What is s16 -searching people in public place for evidential material?
A
RGTB A person in a public place is in possession of evidential material relating to an offence punishable by 14 years imprisonment or more
- Search that person without a warrant
25
What is s17 - entry and search a vehicle in public places for evidential material?
RGTB That evidential material relating to an offence punishable by 14 years imprisonment or more is in or on a vehicle in a pubic place
- enter and search that vehicle without a warrant
26
What is s18(1) and (2) -Firearms?
RGTS a person is carrying firearms or is in possession of them or has them in their control and
- The person is in breach of the Arms Act 1983 or
- The person by reason of their physical or mental condition
- Is incapable of having proper control of the firearms
- May kill or cause bodily injury to any person or
That under the family violence act 2018
- A protection order or police safety order is enforce against that person or there are grounds to apply for a protection order against them
May
- Search the person
- Search anything in their possession or under their control, including a vehicle
- Enter a place or vehicle to carry out the search
- And detain any firearms found any license found under the Arms Act 1983
Note: they do not need to be in the persons immediate possession
27
What is s18(3) Arms in places or vehicles? Seek Sgt approval first.
RGT suspect that there are firearms in any place or vehicle
- In respect of category three or four offence or an offence against Arms Act 1983 has been, is being or is about to be committed or
- There may be evidential material in relation to a category three or four offence or an offence against Arms Act 1983.
- Enter WW place or vehicle
- Search it
- Seize and detain any arms or licence under the Arms Act 1983 found there.
28
When can you search a person for evidential material s119?
Answer:
You can search any person found at, arrives at or stops/enters the place or vehicle if you have reasonable grounds to believe that evidential material is on that person, or (s119(1))
suspect that the person is in possession of a dangerous item that poses a threat to safety and you believe immediate action is needed. (s119(2)(a) - (b))
29
What is the period you can hold under s117?
A
Answer:
Secure scene while search warrant is pending up to (6 hrs) from when power is first exercised.
- unless a warrant is available for execution at that place, vehicle or other thing.
- the application for the search warrant is refused
30
What are some examples of when samples from a person’s body may be seized as evidential material pursuant to S88 search?
- swabs to remove blood on the arrested person
- fingernail scrapings
- penile swab (to obtain victim’s DNA from offender relating to a sexual violation)
- swab for gunshot residue off hands of offender.
For the purpose of this section, the search must be lawful, reasonable
31
What does s88 allow you to do - Searching for evidential material
If you have arrested a person or detained them under a statutory power, and have reasonable grounds to believe that there is anything on or carried by the person that:
may be used to harm any person
may be used to facilitate the person’s escape
is evidential material relating to the offence for which the person is arrested or the person detained.
You may search that person
32
What is s28 - Searching vehicles for offensive weapons
-RGT suspect a person in a vehicle is committing an offence in a public place against S202A CA 1961 and
- The vehicle contains a knife, offensive weapon or disabling substance
May
- Without a warrant search the vehicle
33
What does disabling substance mean?
Any anaesthetising or other substance produced to use for disabling a person or intended for such use by the person who has it with them
34
What does offensive weapon mean?
Any article made or altered to use for causing bodily injury or intended for such use by the person who has it with them?
35
What is s27 - Searching people for offensive weapons
To search a person when you suspect them of committing an offence in a public place against S202A
36
What is s29 - Searching vehicles for stolen property
RGTB that stolen property is in or on any vehicle,
- You may search the vehicle without a warrant (only in a public place if on private property seek a search warrant)
37
What is s83 - Entry/search of places after arrest?
- RGTB that evidential material relating to the offence is at a place and if entry is delayed to obtain a warrant evidential material will be CADD
- Enter/search for evidential material relating to the offence without a warrant (Whether or not the person was arrested there)
38
What is s84 - Entry/search vehicle after arrest?
-RGTB that evidential material relating to the offence for which they were arrested is in a vehicle
- You may enter and search that vehicle without warrant
39
Can a person under 14 years of age consent to the search of a place, vehicle or other thing?
No, unless they are found driving a vehicle and there is no passenger 14 years or over with a …….. to consent to the vehicle search.
- they can consent to search of themselves
40
What is R v Cameron? S84
A warrantless search for evidential material relating to the offence for which the person was arrested should take place as soon as practicable
- Constable working alone is not practical for a search to be conducted immediately after the arrest
41
Quick reference guide - Warrantless use of powers, Notification and reporting?
- Obtain approval from Sergeant
- Provide a written notice to person present and inventory of items seized (leave Pol 1275)
- Make a record of your decision to use a warrantless power and reason for it RGTB or RGTS
- Record the use of powers in the OnDuty application for warrantless power notifications
- Notification in Ten One
42
What are the Exceptions to consent to a search?
- Search conducted as a condition of entry to any public/private place
- Search conducted under a power by an enactment
- entry to property under an implied license
43
What advice must be given before searching anyone?
- Identify yourself by name, Give the reason for your search and if not in uniform produce evidence of your identity
Must
- must advise the person of the reason for the search and that they may consent or refuse to consent to the search (R v Wilkie)
44
What purposes may you ask a person to consent to a search?
- To prevent the commission of an offence
- To protect life or property or to prevent injury or harm
- To investigate whether an offence has been committed
- under an enactment
45
When can you use reasonable force when searching?
In respect of property only
- to carry out the search and lawful seizure
46
Can you use assistance during a search?
Yes, under S113 but you must supervise them
47
What is is 117? - Power to secure scene?
You may at any time that is reasonable and the circumstances
- /Search the vehicle or thing and
- Secure any item found and
- Direct any person to assist with the securing of the place, vehicle or something or the securing of items in it
- If you believe that evidential material may be CADD before a decision is taken to Grant/refused the issue of a search warrant
48
What is S118? - Detain for search
You may detain any person to determine whether there is a connection between them and the object of the search if they
- There at the start of the
- Arrives at the place or stop at or enters or tries to enter the vehicle while the suit has been carried out
- May for any reasonable period, but no longer than the duration of the search
- Starts when you direct the person to remain and ends when you tell them they are free to go
- you may use reasonable force handcuffing to affect and continue the detention.
49
What is s119 -Power to search persons at a place or vehicle?
Search any person
- Found at the Place or in or on the vehicle or
- Who arrives at the Place?
- Who stops at or or tries to enter or get into or onto the vehicle
- RGTB That evidential material that is object of the search is on that person or
- Suspect the person is in position of a dangerous item that poses a threat to safety end. You believe that immediate action is needed to address the threat.
(Exception is for drugs. You can search any person at the scene as a matter of course s19-20)
50
What is s120 - Powers of search when suspect pursued?
- You may apprehend the person or
- Enter any place apprehend the person or vehicle
- if you have been freshly pursuing the person from the intended search location until apprehended and
- RGTB that relevant evidential material is still on the person or in or on the vehicle
51
What is s127 -search warrants to enter and search vehicles?
Pursuant to a search warrant
52
When exercising a search power, what must you do before your initial entry?
- Announce your intention to enter and search, Vehicle or other thing under a statutory power
- ID yourself
- If not in uniform produce ID (Provide copy of search warrant and endorse it)
53
What are the exceptions to announcing entry and giving reasons for the search?
No person is lawfully present
- compliance with the requirements would
Endanger the safety of any person or prejudice the successful exercise of the entry and search power
- Prejudice, ongoing investigations
54
What is s116 - Excluding people from the scene
RGTB they will hinder or obstruct
55
Is a BAS sufficient for being in uniform?
No. You must produce identification when exercising search powers.(s4 Policing Act 2004)
56
When deciding whether to force entry, You must consider the possibility that such entry may present a danger to what?
- Police
- Occupants of the premises, including children and vulnerable people
- Members of the public
57
How do you make an announced force entry?
- Announce your presence (Knocking on the door)
- Identify yourself and state why you are there and what authority.
If admission is denied or unreasonably delayed and it safe to do so, make a forced entry
58
Before making an unannounced force entry, You must assess the risk and consider what
- The tactical options available
- Reasonable and practical alternatives to a forced entry
- The seriousness of the offence and the circumstances
- Any history of violence
- Danger to Police, Public and people present
- Whether there are RGTB evidence will be CADD
59
What else can you ensure the safety of Police and others when making a forced entry?
When practicable stand at the entry point to ensure occupants or public realise it is Police entering the premises
(Wear a Police jerkin)
60
What is s119 -Searching people at scene?
Searching place/vehicle, you may search any person found there or who arrives or stops or enters or tries to enter a vehicle
-RGTB Evidential material is on the person or
- The person is in possession of a dangerous item that poses a threat to safety and immediate action is necessary
61
What is s123 - finding evidence of another offence not on SW?
- You can obtain another search warrant or
- Exercise plain view seizure s123
62
What is s110 -seizure during search?
Every search power authorises you to seize anything that is the subject of the search or that may be lawfully seized
63
What applies to seizing privileged materials?
Special rules apply - Lawyers minister, a religion, medical practitioners or clinical psychologists notes or record
64
What is s121 -stopping vehicles with or without warrant to search?
Stop/search a vehicle with or without warrant if You are satisfied that grounds exist to search the vehicle. The warrant has been issued and is enforce.
65
When must you give notice of inventory after a search? 133
No later than 7 days after the seizure.
- Endorse the warrant and leave a copy and attach ‘ Notice to occupier’
-warrantless search -POL 1275
66
Can you move a vehicle for purpose of search or safekeeping?
Yes - if lawful authority to search the vehicle, but as is impractical to do so at that place or
- RGTB necessary to move the vehicle for safekeeping.
67
What is curtilage?
An area attached to a dwelling house and forms one enclosure with it
- Includes the area within a dwellings fenced boundary.
68
What is 128 - duty to remain stopped?
You may require the vehicle to remain stopped for as long as is reasonably necessary for the exercise of any powers and respect of the vehicle or occupants of the vehicle
69
What are your requirements after stopping a vehicle -s129 duty to provide information to driver?
-ID yourself
- state enactment under which the search is taking place and the reason for the search (Unless impractical to do so)
- If not in uniform produce ID
70
What is s30 - Warrantless roadblock (record location and period of and grounds authorisation was granted)
Senior constable who holds a level of position of Sergeant or higher includes anyone acting in such rank
-RGTB that in a vehicle a person has committed an offence punishable by term of imprisonment
- unlawfully at large
- suspect the vehicle travel past the place where it is proposed the roadblock be established (not to exceed 24hrs and may be renewed by judge)
71
S9 - stopping vehicles without warrant to affect arrest?
RGT suspect a person is
- unlawfully at large or
- Has committed an offence punishable by imprisonment and believe the person is in or on the vehicle
- demand the details
- Search the vehicle to locate the person
- Search the vehicle to locate property that has evidential material in relation to any offence of which the vehicle was stopped, If the person has been arrested or seen fleeing from the vehicle before they can be arrested
72
When is it necessary to search people?
- Locate and preserve evidence
- Remove weapons or means of
- Remove and care for a detainees property
- Locate and remove articles or substances that could impact on prisoners safety, or Police or members of public
- Ensure the safety of a prisoner considered to be at suicide risk
73
What are three types of search?
- Rubdown search
- Strip search
- Internal search
74
What is s16 - warrantless search of people in public places for evidential material?
RGTB they are in possession of evidential material relating to an offence punishable by 14 yrs imprisonment
75
Searching people in public place can also include searching what?
Anything they are wearing or carrying or in physical possession or immediate control this could include a place or vehicle, prosthetic limb or false teeth
76
What is s11 - searching arrested or detainees.
Remove their property (money)
Search should be for purpose to protect the detained person’s property and remove items that might be harmful to themselves or others
77
What is s27 (s202A CA 1961)
You may search without a warrant a vehicle
- RGT suspect a person is committing an offence against s202A 4a (possession of knives, offensive weapons and disabling substances)
78
“Locked up” means?
A person taken into lawful custody and being placed behind a closed or locked door that prevents them from leaving
79
If a prisoner has been searched under section 11 -custodial search, when can a further search be conducted?
There are RGTB the person is in possession of anything that may be used to harm themselves or others s11(3) or s85 or 88 (not carrying anything that may be used to harm any person or facilitate the escape
80
What is s85 -Rub down search?
Harm any person including themselves or facilitate the person’s escape
81
What is s88 - Warrantless search for evidential material
If detained under statutory power, you may search person if you have RGTB
- Maybe used to harm any person or
- Facilitate person escape or
- Evidential material in relation to the offence for which they arrested
82
S83 -Entry and search of place for evidential material
RGTB that
- Evidential material relating to the offence is at the Place, and
- Entry is delayed CADD
Enter and search
83
S84 - Entry and search of vehicle after arrest
RGTB that
- evidential material relating to the offence for which they have been arrested is in the vehicle
Enter and search.
R v Cameron warrantless search for evidential material relating to the offence for which the person has been arrested should take place as soon as practicable.
Working Alone - it is not practicable for a search to be conducted immediately after the arrest.
