Search And Surveillance Act Flashcards

1
Q

One night you attend an aggravated burglary. Witnesses give you a detailed description of the car the offender left in. You Q.V. the registration number and identify the address for the vehicle. At the address you locate the vehicle parked in the driveway of beside the house. The house is in darkness and the offender is nowhere in sight. Can you now undertake a warrantless search of the vehicle (s17) for the weapon used?

No because the car that may contain evidential material is not in a public place

Yes, because you have RGTB that the evidential material is in the car

Yes, because there are RGTB that evidential material will be CADD

A

No because the car that may contain evidential material is not in a public place

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2
Q

Jimmy breaches the conditions of the protection order held by Jenny when he enters their home and assaults her. Jenny tells you that Jimmy has gone to his mates house to pick up his belongings because he says he’s leaving town. Which warrantless power could you use on Jimmys house mate?

S8 Warrantless entry to arrest Jimmy who has committed the offense of assault

S15 warrantless entry to locate evidential material relating to the offense

S7 warrantless entry to arrest Jimmy who is now unlawfully at large

A

S8 Warrantless entry to arrest Jimmy who has committed the offense of assault

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3
Q

A local chemist has caught a women shoplifting cosmetics in his shop. He prevents her from leaving and calms Police. You attend, for your reasonable grounds to search the women and give your obligations. You search the
Women’s pockets and carrybag and locate the missing items. You also find and remove some items of clothing that you suspect are stolen as they have security tags. Following your search the women must be given a copy of:

A pol262 summary of facts record

A pol268 inventory of items seized

A polsw8 warrantless search report

A

A pol268 inventory of items seized

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