CPK - Clan Lab & SS Act 2012 Flashcards by Ben Hurley

What steps must be taken if you happen to enter into a clan lab that is unplanned?

Don’t not touch, disconnect, deactivate or operate anything and preserve the scene
Remove people from scene
Maintain safety cordon
Inform duty Insp. or NCO and NCLRT (clan lab response team). Ambo and Fire
Seek advice about decontamination
Separate everyone until decontamination
Seek medical if suffering effects

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What is the aim when locating a unplanned clan lab?

Rapidly convert an unplanned entry
into a planned response
and investigation with appropriate structure
and procedures

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You believe there are drugs in a place and believe CADD. Section 20 of the SS Act 2012 is warrantless search power in relation to drugs. Explain this section?

RGTB in or on place or vehicle
Is controlled drug or precursor
an offence against MODA is or about to be committed
Delayed entry believe CADD
Enter and search

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Can you search a person while using Section 20?

Yes by using Section 21 allows to search a person found in or on a place or vehicle

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Believe person is possession of drug. Explain Section 22 of SS Act 2012?

RGTB person in possession of
Drug or precursor
MODA offence is, will, has been committed
Search without warrant
Does not allow to enter property to search person

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Internal searches are generally prohibited. There are some cases in which this can be completed what are they?

With consent of person

- S23 person K9 for S6 offences under MODA and RGTB person has items within their body

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How can an internal search be completed?

By medical practitioner
Xray or similar device
Manual or visual exam by any instrument or device

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Can Police conduct a visual exam of any persons mouth, nose or ears?

Yes but must not insert any device

- Can use torch

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You have attended an incident where a person has attempted to conceal items you believe to be drugs in their mouth. Can you force the person mouth open to prevent this?

No as forcing the mouth open equals an internal search therefore requires there consent

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You believe that a wanted person is inside a private property and is wanted in relation to an imprisonable offence and there is evidence in there relating to that offence. What does Section 8 allow you to do?

RGTS Person has committed offence punishable by prison
Believe person in place or vehicle will leave to avoid K9
CADD will occur for evidence
Enter, search and K9
CANNOT search for evidence if K9 not made

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You suspect there is a person at large or subject to inpatient order and absent without leave and believe they are at a place. What does S7 allow you to do?

RGTS person at large
Believe in place or vehicle
Enter, search and K9

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Explain S14 if you suspect there is a risk to life or safety?

RGTS risk to life or safety
In place or vehicle
Offence being, about to be or has been committed
will cause injure or property damage or loss
require emergency response
Enter and take action

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You suspect there is person inside a property that has possession of a firearm and suspect an offence. What does S18 allow you to do?

RGTS possession of firearm
In place or vehicle
Offence against Arms Act Cat 3 or 4
Not capable of proper control
May kill or injury person
PO or PSO in place or ground to apply for PO
Enter, search and seize includes license found
Seek okay from Sgt or above beforehand

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You suspect a offence punishable by 14 yrs of more has been committed and believe there is evidence at a place can you enter and seize that evidence under Section 15 SS Act 2012?

RGTS offence 14yr or more offence
Has, is or about to be committed
Believe evidence at a place and CADD if don’t enter
May enter and search
May search vehicles on property
If urgency has passed hold under S117 and get search warrant

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If you believe a person in public place is in possession of evidence relating to a 14 yr or more offence. What may you do under S16 of SS Act 2012?

RGTB person in public
possession of evidence
relates to 14 yr or more offence
May search that person

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If you believe there is evidence in a vehicle relating to a offence of 14 yrs or more what may you do under S17?

RGTB in or on vehicle
is evidence to 14 yr or more offence
May enter and search
if on private property use S15

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You see a vehicle in a public place and suspect a person is in possession of a offensive weapon what may you do under s28?

RGTS person in vehicle
or came from vehicle in public place
in vehicle is a knife, offensive weapon os disabling substance
May enter and search
Search person under S27

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A vehicle has just left the scene of a burg and has stolen property inside it. You stop the vehicle in public place what may you do under S29?

S29

RGTB in or on vehicle
in public place is stolen property
Enter and search
if on property seek warrant

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You have just arrested a person and believe at their property is evidence what may you do under S83 and S84?

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K9 person
RGTB evidence to that offence
at place and CADD
May enter and search
Person does not have to be K9 at that place
S84 search vehicle

When invoking powers under the SS act what notifications and forms of reporting must be done?

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Seek approval from Sgt of Arms Act searches
Written notice of person present during search
List of items taken if no one home leave in place can be seen
Record decision making
SS system notifications

Can a person under 14 yrs consent to a search of place, vehicle or thing?

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No unless found driving a vehicle

- and no passenger over 14 yrs to give that consent

What is best practise for consent searches?

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Must have reason for consent
Give reason for search
ID by name or show ID
Advise can remove consent or refuse search

Every search power with or without warrant gives you power to do what 8 things?

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1 - Enter and search 
2 - Request assistance 
3 - Use force 
4 - Seize items 
5 - Bring and use equipment
6 - Copy documents and intangible material 
7 - Access computer or data storage device 
8 - Take photos and recordings

If a search warrant application is about to be made or has been made but not yet granted what does section 117 allow you to do?

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Enter and search
Secure items
Direct any person to assist with entry
Believe evidence will be CADD before warrant granted or refused

What are 4 times which an unannounced force entry might be made?

- Saving someone from death or injury - Warning would endanger Police - Prevent loss of evidence - Entering in fresh pursuit

While at an address you notice an item of interest and believe you can seize this under a warrant. What does S123 allow you to do?

- At address for search or 4Q - Believe item can be seized under warrant or SS power - seize item

What must an occupier be provided with under S131?

- S131 Copy of warrant, Notice occupier, If not present Notice to person not present - S132 at time or no later 7 days list of items taken and copy of warrant

In what circumstances under S31 can an acting Sgt or above can approve a road closure orally or in writing?

- Person in vehicle - Committed imprisonable offence or - Unlawfully at large - Suspect vehicle will travel past a point - Satisfied with safety of road users - Must not exceed 24 hrs unless approved by Judge - Keep record of location and period

Once a road block has been approved what further powers and details can you request?

- Stop vehicles at or near block - Require their details - RGTB person in vehicle may search vehicle for wanted person - Remain stopped - K9 if fail to stop or remained stopped

What are some key principles around searching?

- Must be lawful - Treat people with dignity, privacy and respect - Reasonable force only - Done Constable, AO and same sex - Removing property should be witnessed - Property seized must be recorded.

Section 11 relates to searching people to remove items that could cause harm when should a person be searched?

- BEFORE locked up eg behind closed or locked door to prevent from leaving

After a person has been locked in a cell they can only be searched again if 1 of 3 things have happen. What are they?

- Not searched beforehand - Close proximity to person not in custody - RGTB in possession of something harmful - Can do rub down search prior to getting in Police vehicle

If a person has been arrested or detained can they be searched after the arrest for evidential material under S88?

- RGTB person has something - Can harm any person - Facilitate their escape - EM relating to offence K9 for - Can search person - Seek Sgt approval

What are 4 examples of an unjustified rub down search?

- Minor charge - All evidence located - Prisoner bailed, no cell and not left unsupervised - Strip search justified

What factors would you consider before making unannounced forced entry?

- Tactical options available - Reasonable and practical - Seriousness of offence - Danger to Police, public or people at address - CADD will occur

Purpose of rub down search?

- Person arrested or detained - Doesn't have anything - harm any person or use to escape

You intend to search a person at a location but they flee in a vehicle or on foot what does section 120 allow?

- Must be in fresh pursuit - enter and search for person - believe evidence still on person - another staff member cannot if they are not in fresh pursuit - unless assisting under S113 and under direct supervision and control

You may ask a person to consent to undergo a search being made of a place, vehicle or thing in the person control for one or more of what 4 reasons?

- Prevent commission of offence - Protect life, property - prevent injury or harm - Investigate if offence been committed - Any purpose in which you could exercise a power

Is only wearing a SRBA and in plain clothes suitable and meet the criteria of being in uniform when conducting a search power?

- No must must also show ID

Can a Constable authorisation a road block?

- No must be a Snr Constable holding or acting as Sgt or above

The rational for establishing road block must be lawful and reasonable. To assist with gauging reasonableness what should be undertaken ?

- Community impact assessment (CIA) - Should be routine part of a risk assessment - Conduct in writing during planning stage - Done mentally if impracticable due to emergency an urgency

When making a decision to search what must you consider?

- Tactical options | - Work within TENR

Which power should be used for searching arrested or detained person. There are two alternative search powers that might be appropriately exercised upon arrest or detention?

- rubdown search S85-87 | - Warrantless search S88

Searches under S88 for the purpose of seizing samples as evidential material from the external body must be lawful, reasonable and approved by who?

- Sgt or above

If it is not practicable to complete a full rub down search immediately after arrest or detention what should you do?

- Visual exam of head and body checking for weapons and evidence - Remain with them and observe closely to prevent them from using anything to cause harm or escape or dispose of evidence

CPK - Clan Lab & SS Act 2012 Flashcards

(45 cards)