Chapter 4 Search & surveillance

Question 1

How do you ensure a search is lawful?

Answer 1

You must:

• exercise a warrantless power, or
• execute a warrant power, or
• conduct the search with a person’s consent.

Question 2

What is the search hierarchy?

3 options

Answer 2

Warrant
Warrantless search
Consent search

Question 3

Section 11 allows the search of?

Answer 3

People who are, or are to be, locked up in Police custody.

Question 4

Section 16 allows the search of?

Answer 4

People in a public place for evidential material relating to a 14 year or more offence.

Question 5

Section 18 allows the search of?

Answer 5

A person who is suspected, under reasonable grounds, to be carry arms illegally.
(Must seek approval of a sergeant unless impractical)

Question 6

Section 21 allows the search of?

Answer 6

A person found in a place or vehicle being search under section 20 in relation to misuse of drugs offence.

Question 7

Section 22 allows the search of?

Answer 7

A person for controlled drugs and precursor substances if suspected of an offence against the misuse use of drugs act.

Question 8

Section 24 allows?

Answer 8

An internal search of a person if reasonable grounds to believe evidence has been secreted within their body.

Question 9

Section 81 allows the search of?

Answer 9

Persons, places and vehicles relating to deliveries under section 12 of misuse of drugs act.

Question 10

Section 27 allows the search of?

Answer 10

People who are suspected to be in possession of knives, offensive weapons, and disabling substances.

Question 11

Section 85 allows?

Answer 11

The rub-down search of arrested or detained people.

Question 12

Section 88 allows the search of?

Answer 12

Arrested or detained people to identify anything that:

• may be used to harm any person, or
• may be used to facilitate the person’s escape, or
• is evidential material related to the arrest.

Question 13

Section 7 allows?

Answer 13

Warrantless entry to a place or vehicle to arrest person unlawful at large.

Question 14

Unlawfully at large means that the person?

6 options

Answer 14

• has an arrest warrant (excluding fines)
• has escape prison or is absent without leave.
• escape from lawful custody, e.g. police cells or vehicle.
• is a special or restrictive patient and has escaped or failed to return from leave.
• is a care or special care recipient (with an intellectual disability) and has escaped or failed to return from leave.
• is a young person subject to Youth Court “supervision with residence” order and has absconded from OT custody.

Question 15

Section 8 allows?

Answer 15

Entry into a place or vehicle to search for and arrest offender.
(S8 allows for the search of a person, not a search for evidence unless an arrest is made.)

Question 16

Section 14 allows?

Answer 16

Entry to a place or vehicle to prevent offence or respond to risk to life or safety.
(S14 provides a power of entry, not a power to search)

Question 17

Section 15 allows?

Answer 17

Entry and search of a place to avoid loss of evidence for a 14+ year offence.

Question 18

Section 17 allows?

Answer 18

Entry and search of a vehicle in a public place for evidential material relating to a 14+ year offence.

Question 19

Section 28 allows the search of?

Answer 19

Vehicles for offensive weapons, when a person traveling or who has alighted from, is committing an offence in a public place and the vehicle contains a knife, offensive weapon or disabling substance.

Question 20

Section 29 allows the search of?

Answer 20

A vehicle in a public place if it is believe the vehicle contains stolen property.

Question 21

Section 83 allows?

Answer 21

Entry to a place after the arrest of a person if it is believe evidential material relating to the arrest is in that place.

Question 22

Section 84 allows?

Answer 22

Entry into a vehicle after the arrest of a person if it is believe evidential material relating to the arrest is in the vehicle.

Question 23

Section 117 allows?

Answer 23

Enter and secure any place, vehicle or other thing and secure any items found there while waiting on the approval of a search warrant.

Question 24

Section 118 allows?

Answer 24

You to detain any person to determine if there is a connection to the person and the item being searched for.

Question 25

Section 119 allows?

Answer 25

You to search any person found at a place or in or on a vehicle who arrives at or tried to enter the place or vehicle being searched.

Question 26

Section 120 allows?

Answer 26

You to apprehend a person that fails to remain for a search when detained to do so.

Question 27

Section 110 allows?

Answer 27

Power of entry, every search power authorises the person exercising it, to enter the place vehicle or thing they are authorised to enter.

Question 28

Section 127 allows?

Answer 28

You to enter any place you have reasonable belief a vehicle you have been authorised to search is in.

Question 29

Exceptions for announcing entry or giving reason for search.

Answer 29

* No person is lawfully in or on the place, vehicle of thing to be searched. * compliance with the requirement would: * endanger the safety of any person or * prejudice the successful exercise of the entry and search power or * prejudice ongoing investigations.

Question 30

Section 122 allows?

Answer 30

You to move a vehicle if you find or stop the vehicle and you have lawful authority to search the vehicle but it is impractical to do it at the place or reasonable grounds to believe you need to move it for safekeeping.

Question 31

Section 128 states?

Answer 31

You may require the vehicle to remained stopped for as long as is reasonable necessary for the exercise of any power in respect of: • the vehicle or • the occupants of the vehicle.

Question 32

Section 9 allows?

Answer 32

You to stop a vehicle without warrant to arrest a person if you have reasonable grounds to suspect that a person • is unlawfully at large or • has committed an imprisonable offence and Is in the vehicle