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Police Studies > Search & Surveillance Act 2012 > Flashcards

Search & Surveillance Act 2012 Flashcards

1
Q

Search & Surveillance Act 2012 Section 27

A

S&SA 2012 s.27 - Search people P/P for Offensive Weapons

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2
Q

Search & Surveillance Act 2012 Section 28

A

S&SA 2012 s.28 - Search vehicle for Offensive Weapons

RGTS

  • Person in vehicle committed offence against:
  • CA 1961 s.202A(4)(a) (Possession of knife, offensive weapon, disabling substances)

AND

  • Vehicle contains

+ Knife

+ Offensive weapon

+ Disabling substance

Stop under - s.121(1)

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3
Q

Search and Surveillance Act 2012 Section 29

A

S&SA 2012 s.29 - Search vehicle for stolen property

[Intended for P/P vehicles, as vehicles becomes part of place on private property]

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4
Q

Search & Surveillance Act 2012 Section 129

A

S&SA 2012 s.129 - Duty for police to provide information

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5
Q

Search & Surveillance Act 2012 Section 177

A

S&SA 2012 s.177 - Offences relating to stopping vehicles

3m

  • Fails to stop
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6
Q

Search and Surveillance Act 2012 Section 125

A

S&SA 2012 s.125

People search obligations

R - Reason

A - Act

N - Name

[Not a search power]

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7
Q

Search and Surveillance Act 2012 Section 83

A

S&SA 2012 s.83 - Enter / Search Place after arrest

Arrested person and RGTB:

  • EM relating to offence is at a place

AND

  • CADD if delayed

May:

  • Enter / Search place for EM (whether or not person was arrested there)

[Section 131 obligations apply]

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8
Q

Search and Surveillance Act 2012 Section 84

A

S&SA 2012 s.84 - Entry / Search Vehicle after arrest

Arrested person and RGTB:

  • EM relating to offence is in/on vehicle

May:

  • Enter / Search vehicle for EM (whether or not the person was arrested with the vehicle)

[Section 131 obligations apply]

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9
Q

Search and Surveillance Act 2012 Section 85

A

S&SA 2012 s.85 - Rub down search (People)

[85 & 88 make sure you search before it’s too late]

May conduct rubdown search of arrested or detained person to ensure they aren’t carrying:

  • Anything that could harm any person
  • Anything that could facilitate their escape

[Section 125 obligations apply]

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10
Q

Search and Surveillance Act 2012 Section 88

A

S&SA 2012 s.88 - Evidential Material (People)

[85 & 88 make sure you search before it’s too late]

May search someone you Believe to be carrying anything that:

  • is Evidential material relating to offence which the arrest / detainment was made
  • may be used to harm any person
  • may be used to facilitate the persons escape

[Section 125 obligations apply]

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11
Q

Search and Surveillance Act 2012 Section 131

A

S&SA 2012 s.131 - Places & Vehicles Obligations

R - Reason

A - Act

I - Intention

N - Name

[Not a search power]

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12
Q

Search and Surveillance Act 2012 Section 112

A

S&SA 2012 s.112 - Items of uncertain status

[not sure about you]

While exercising search power and:

  • Uncertain whether item found may be lawfully seized

AND

  • Not reasonably practical to determine if item can be seized at place / vehicle where search takes place

May:

  • Remove item for analysis / examination to determine if it may be lawfully seized

[Example: unknown white powder found, unsure if it is drugs or not]

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13
Q

Search and Surveillance Act 2012 Section 123

A

S&SA 2012 s.123 - Seizure of items in plain view

[property I see]

If as part of duties:

  • Exercise search power

or

  • Conducting lawful search of person

or

  • Lawfully in any place / vehicle

May seize any items found:

  • While carrying out search

or

  • Result of observations at place / vehicle

& RGTB could seize item under:

  • Search Warrant

or

  • Search Power

[Note - items of uncertain status (s.112) can be seized during a search of a place, vehicle, other thing or a person]

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14
Q

Search and Surveillance Act 2012 Section 7

A

S&SA 2012 s.7 - Entry to arrest person unlawfully at large

[thinks their in heaven]

Enter place/vehicle you believe unlawfully at large person is in/on

(SPEW)

  • Supervision order (with residence) for CYP & absconds
  • Patient (Special & Restricted) & can be returned to hospital
  • Escapees from lawful custody (Police / Prison)
  • Wanted - warrant to arrest (2W)
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15
Q

Search and Surveillance Act 2012 Section 8

A

S&SA 2012 s.8 - Enter place / vehicle avoid loss of offender / EM

RGTS:

  • Person committed I/O

RGTB:

  • Offender is there & will abscond
  • CADD evidence
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16
Q

Search & Surveillance Act 2012 Section 9

A

S&SA 2012 s.9 - Power to Stop vehicle to find person unlawfully at large or committed I/O

RGTS

  • Unlawfully at large
  • Committed I/O

RGTB

  • Person in vehicle
17
Q

Search & Surveillance Act 2012 Section 10

A

S&SA 2012 s.10 - Powers & duties after vehicle stopped

Once stopped under s.9

May require details from person you suspect

  • Unlawfully at large
  • Committed imprisonable offence

May search vehicle to locate person you believe

  • In/on vehicle

May search vehicle for EM related to offence if person arrested or seen fleeing from vehicle

18
Q

Search and Surveillance Act 2012 Section 11

A

S&SA 2012 s.11 - Searches of people locked up in Police custody

[11 like prison bars]

Property & Money

Includes Police vehicles & other premises being used for Police purposes

19
Q

Search and Surveillance Act 2012 Section 13

A

S&SA 2012 s.13 - Return s.11 property & money

20
Q

Search and Surveillance Act 2012 Section 14

A

S&SA 2012 s.14 - Emergency Powers

[one four go through the door]

Entry power to avert an emergency

21
Q

Search and Surveillance Act 2012 Section 92

A

S&SA 2012 s.92 - Consent search

[It’s up to you]

Always use search power over consent search

22
Q

Search and Surveillance Act 2012 Section 93

A

S&SA 2012 s.93 - Advise that must be given before consent search:

[Advice for you from me]

  • Reason
  • That they can refuse at any time

[no one under 14 can consent]

23
Q

Search and Surveillance Act 2012 Section 110

A

S&SA 2012 s.110

[one one oh, tells you how to run the show]

Outlines what we can do carrying out search powers

Gives a range of powers along with every search power including the ability to use any force in respect of any property that is reasonable in the circumstances and to seize anything that is the subject of the search or may be lawfully seized.

Allows taking of photos for evidence

Only look for things in places where it might reasonably be

24
Q

Search & Surveillance Act 2012 Section 169

A

S&SA 2012 s.169 - Report use of powers (Report line)

[one six nine, report under this line]

25
Q

Search & Surveillance Act 2012 Section 116

A

S&SA 2012 s.116 - Securing a place, vehicle or other thing to be searched

[tapes and sticks]

Gives the power to:

  • Secure places, areas, vehicles, items or other things
  • Exclude any person
  • Give reason direction to person
26
Q

Search & Surveillance Act 2012 Section 118

A

S&SA 2012 s.118 - Powers of detention incidental to powers to search places and vehicles

[Are you connected mate?]

While carrying out search, detain any person who:

  • Is in or on place/vehicle
  • Arrives at
  • Stops/enters/tries to enter vehicle

to determine connection

27
Q

Search & Surveillance Act 2012 Section 119

A

S&SA 2012 s.119 - Powers to search persons at a place or vehicle

[One nineteen - search those at scene]

While carrying out search, search any person who:

  • Is in/on place/vehicle
  • Arrives at place/vehicle
  • Stops/enters/tries to enter vehicle

Must believe EM you’re searching for is on person

OR

Suspect person has dangerous items and believe immediate action is required

28
Q

Search & Surveillance Act 2012 Section 15

A

S&SA 2012 s.15 - Enter / Search place EM 14y+ CADD

Suspect 14y+ I/O

  • Committed
  • Being committed
  • To be committed

and Believe

  • EM relating to the offence is in place & CADD
29
Q

Search & Surveillance Act 2012 Section 16

A

S&SA 2012 s.16 - Search person P/P EM 14y+

Person in P/P & believe:

  • Person has EM relating to offence 14y+

May search person

30
Q

Search & Surveillance Act 2012 Section 17

A

S&SA 2012 s.17 - Enter / Search vehicle P/P EM 14y+

Vehicle in P/P & believe:

  • EM in vehicle relating to offence 14y+
31
Q

Search & Surveillance Act 2012 Section 18

A

S&SA 2012 s.18 - Searches for Arms - Places, People, Vehicles

RGTS person:

  • Carrying arms
  • Possession of arms
  • Has arms under their control

AND:

  • Physical or Mental condition unsuitable for proper control
  • Physical or Mental condition may cause to kill / injure
  • PO in force
  • Grounds to make PO
  • PSO in force

MAY do any or all:

  • Enter place/vehicle to:
  • Search person
  • Search anything in their possession/control including vehicle
  • Seize & detain arms
  • Seize & detain persons firearms licence
    s. 125, s.131, s.169 obligations apply
32
Q

Search & Surveillance Act 2012 Section 121

A

S&SA 2012 s.121 - Stop vehicle to search

s. 121(1) - Warrantless
s. 121(2) - Warrant

33
Q

Search & Surveillance Act 2012 Section 30

A

S&SA 2012 s.30 - Road block authorisation

Authorisation can come from:

  • Senior constable
  • Acting Sgt.
  • Sgt or higher
34
Q

Search & Surveillance Act 2012 Section 32

A

S&SA 2012 s.32 - Road block powers

Can

  • Stop vehicles
  • Demand NAD from person RGTS committed I/O
  • Search vehicle for person RGTB is in vehicle
35
Q

Search & Surveillance Act 2012 Section 128

A

S&SA 2012 s.128 - Duty to remain stopped

36
Q

Search & Surveillance Act 2012 Section 20

A

S&SA 2012 s.20 - Enter / Search - Place / Vehicle

  • RGTB Controlled drug / precursor substance in place/vehicle

AND

  • RGTB Not practicable to get warrant

AND

  • RGTS MODA 1975 offence been / being / will be committed

AND

  • RGTB CADD

Enter / Search - Place / Vehicle

37
Q

Search & Surveillance Act 2012 Section 21

A

S&SA 2012 s.21 - Search People - found in/on - place/vehicle - Drugs under S&SA s.20

38
Q

Search & Surveillance Act 2012 Section 22

A

S&SA 2012 s.22 - Search People - Drugs

RGTB person in possession of

  • Controlled drug
  • Precursor substance

and,

  • RBTS offence against MODA 1975 been/being/will be committed

Search Person

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