Definitions and Discussions

Question 1

What is RGTS

Answer 1

Reasonable Grounds to Suspect.

Question 2

What is RGTB

Answer 2

Reasonable Grounds to Believe.

Question 3

Example of RGTS

Answer 3

Enter a house or vehicle because you SUSPECT an offence has been, is being or about to be committed.

Question 4

Example of RGTB

Answer 4

Enter and search a house/vehicle/person because you BELIEVE that a search will find evidential material you are looking for

Question 5

What must you do if you have RGTS/RGTB?

Answer 5

Record reason in your notebook - Decision Log.

Question 6

What must you be aware of/required to do?

Answer 6

• Report on your decision to use power/ground for using it
• Justify your use of power in court OR in other formal proceedings

Question 7

Ex) You receive information that John has purchased Meth. Your source tells you that John has now left his house to visit a house in town where he may attempt to sell?

• What is your warrantless search?
• What do you do?

Answer 7

S/S Section 22

• RGTS - that an offence against MODA 1975, has been, or is being, or about to be committed in respect of controlled drug/precursor substance.
• RGTB - that a person is in possession of controlled drug/precursor substance.

Question 8

What is a Lawful Search under S/S?

Answer 8

• With a Search Warrant
• Under a warrantless search power
• With a person’s consent

Question 9

What is Reasonable Search under S/S?

Answer 9

• Complies with S21 of Bill of Rights Act & considers:
• Nature of Search
• How intrusive the Search is
• Where and when the search takes place

Question 10

Practicable in the Circumstances? What to consider?

Answer 10

• Is there time to gain approval and apply for a search warrant
• Can the scene be secured (under Section 117)
• Are reasonable resources (available) to minimise risk and ensure safety
• Is the evidential material at risk?
• Location of the search and who may be present

Remember to record this in your decision log

Question 11

Objectives for Search and Surveillance Act

Answer 11

• Conduct risk assessment
• Only seize what Police are lawfully entitled
• Satisfy requirements in the Act
• Provide announcement and identification in exercising power
• Ensure lawful authority including use of force