Entry Powers

Question 1

S. 9 LEPRA

Entry in Emergencies

Answer 1

PO may gain entry on reasonable suspicion the following is occuring or likely to occur:

• BOP
• Person has suffered significant physical injury (or there is imminent danger of it)

The PO may only enter and remain for as long as necessary.

Question 2

S. 10 LEPRA

Entry for Arrest, Arrest Warrant or Detain

Answer 2

PO may gain entry and stay for a reasonable amount of time on premises to:

• Detain a person under an act
• Arrest a person

PO may search the premises for the person.

Question 3

S. 68 LEPRA

Proper Announcement (MASA)

Answer 3

PO on entry to a dwelling should:

M - Make presence known
A - Announce their office
S - State the reason for entry
A - Allow adequate time to comply

Question 4

S. 82 LEPRA

Entry by Invitation

HINT: 82 come on through

Answer 4

PO invited in to a dwelling by ANY occupier may stay to:

• Investigate a DVO
• Prevent a DVO

So long as the PO believes on reasonable grounds a DVO is occuring, recently occured, likely or imminent.

Question 5

S. 82(3A) LEPRA

HINT: Powers PO can exercise until warrant is obtained (S. 83). 4 powers.

Answer 5

PO may also exercise the following powers for the purposes of preserving evidence relating to the DV offence until such time as a S. 83 warrant is issued:

• Direct a person to leave, or not to enter, the dwelling
• Remove a person who fails to leave the dwelling
• Prevent a person from entering a dwelling
• Prevent a person removing evidence or intefering with the dwelling, or anyhting in it and, for that purpose, detain and search the person.

Question 6

S. 82(3C) LEPRA

HINT: What can PO continue to do if permission to remain is removed?

Answer 6

If permission to remian on premises is removed, PO may remain on premises to exercise the powers in S. 82(3A) until a warrant under S. 83 is issued.

Question 7

S. 83 LEPRA

Entry by DV Warrant

Answer 7

If PO believes on reasonable grounds a DV offence is occuring, recently occured, likely or imminent -

AND

It is necessary to enter the premises to:

• Investigate a DVO
• Prevent a DVO

PO may apply for a warrant if denied entry or refused authority to remain in premises.

Warrant allows police to enter and remain in the premises.

Question 8

S. 85 LEPRA

Powers exercised by PO on entry to premises (PIRAF)

HINT: 85 do the 5

Answer 8

PO who lawfully enters a dwelling under this part may:

P - Prevent a DVO
I - Investigate a DVO 
R - Render aid to any person
A - Arrest a person 
F - Firearms (enquire, search and seize) MANDATORY

PO may remain in dwelling only as long as necessary to perform the above.

Question 9

S. 86 LEPRA

Search warrant for firearms.

HINT: When to apply? What can you do once warrant granted? 86 pick up sticks.

Answer 9

If PO has reasonable suspicion a DVO is occuring, recently occured, likely or imminent -

AND

• PO is informed that no firearms exist in the dwelling BUT reasonably suspect otherwise
• PO must apply for a search warrant

Search warrant allows PO to:

• Enter and search the dwelling concerned for firearms
• Seize and detain any firearms found in the dwelling

Question 10

S. 87 LEPRA

DV Search and Seizure Powers

HINT: All the things that send me to heaven.

Answer 10

PO who enters a dwelling under this act may search, seize and detain a:

• Dangerous article
• Dangerous implement

So long as the PO believes on reasonable grounds that the dangerous article/implement is:

• Located within the dwelling
• Currently, was previously or may be used to commit a DVO

Question 11

S. 82 LERPA

Answer 11

Entry by Invitation

Question 12

S. 83 LEPRA

Answer 12

Entry by DV Warrant

Question 13

S. 85 LERPA

Answer 13

Powers Exercised by PO on Entry to Premises

Question 14

S. 86 LERPA

Answer 14

Search warrant Firearms

Question 15

S. 87 LERPA

Answer 15

DV Search and Seizure Powers