CPK - Clan Lab & SS Act 2012 Flashcards Preview

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Flashcards in CPK - Clan Lab & SS Act 2012 Deck (45)
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1
Q

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

A
  • 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
2
Q

What is the aim when locating a unplanned clan lab?

A
  • Rapidly convert an unplanned entry
  • into a planned response
  • and investigation with appropriate structure
  • and procedures
3
Q

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?

A
  • 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
4
Q

Can you search a person while using Section 20?

A
  • Yes by using Section 21 allows to search a person found in or on a place or vehicle
5
Q

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

A
  • 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
6
Q

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

A
  • With consent of person

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

7
Q

How can an internal search be completed?

A
  • By medical practitioner
  • Xray or similar device
  • Manual or visual exam by any instrument or device
8
Q

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

A
  • Yes but must not insert any device

- Can use torch

9
Q

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?

A
  • No as forcing the mouth open equals an internal search therefore requires there consent
10
Q

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?

A
  • 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
11
Q

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?

A
  • RGTS person at large
  • Believe in place or vehicle
  • Enter, search and K9
12
Q

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

A
  • 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
13
Q

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?

A
  • 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
14
Q

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?

A
  • 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
15
Q

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?

A
  • RGTB person in public
  • possession of evidence
  • relates to 14 yr or more offence
  • May search that person
16
Q

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

A
  • RGTB in or on vehicle
  • is evidence to 14 yr or more offence
  • May enter and search
  • if on private property use S15
17
Q

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?

A
  • 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
18
Q

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?

A

S29

  • RGTB in or on vehicle
  • in public place is stolen property
  • Enter and search
  • if on property seek warrant
19
Q

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

A
  • 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
20
Q

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

A
  • 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
21
Q

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

A
  • No unless found driving a vehicle

- and no passenger over 14 yrs to give that consent

22
Q

What is best practise for consent searches?

A
  • Must have reason for consent
  • Give reason for search
  • ID by name or show ID
  • Advise can remove consent or refuse search
23
Q

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

A
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
24
Q

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?

A
  • Enter and search
  • Secure items
  • Direct any person to assist with entry
  • Believe evidence will be CADD before warrant granted or refused
25
Q

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

A
  • Saving someone from death or injury
  • Warning would endanger Police
  • Prevent loss of evidence
  • Entering in fresh pursuit
26
Q

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?

A
  • At address for search or 4Q
  • Believe item can be seized under warrant or SS power
  • seize item
27
Q

What must an occupier be provided with under S131?

A
  • 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
28
Q

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

A
  • 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
29
Q

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

A
  • 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
30
Q

What are some key principles around searching?

A
  • 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.
31
Q

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

A
  • BEFORE locked up eg behind closed or locked door to prevent from leaving
32
Q

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?

A
  • 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
33
Q

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

A
  • RGTB person has something
  • Can harm any person
  • Facilitate their escape
  • EM relating to offence K9 for
  • Can search person
  • Seek Sgt approval
34
Q

What are 4 examples of an unjustified rub down search?

A
  • Minor charge
  • All evidence located
  • Prisoner bailed, no cell and not left unsupervised
  • Strip search justified
35
Q

What factors would you consider before making unannounced forced entry?

A
  • Tactical options available
  • Reasonable and practical
  • Seriousness of offence
  • Danger to Police, public or people at address
  • CADD will occur
36
Q

Purpose of rub down search?

A
  • Person arrested or detained
  • Doesn’t have anything
  • harm any person or use to escape
37
Q

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

A
  • 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
38
Q

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?

A
  • 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
39
Q

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

A
  • No must must also show ID
40
Q

Can a Constable authorisation a road block?

A
  • No must be a Snr Constable holding or acting as Sgt or above
41
Q

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

A
  • 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
42
Q

When making a decision to search what must you consider?

A
  • Tactical options

- Work within TENR

43
Q

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?

A
  • rubdown search S85-87

- Warrantless search S88

44
Q

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

A
  • Sgt or above
45
Q

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

A
  • 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

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