General 03 - Search And Surveillance Act 2012

Question 1

S&S Sec 7 - Entry without warrant to arrest person unlawfully at large

Answer 1

A constable may enter a place or vehicle without warrant to search for and arrest a person if the constable has reasonable grounds—
a) to suspect that a person is unlawfully at large; and
b) to believe that the person is there.

Question 2

S&S Sec 9 -

Answer 2

stopping vehicle to find persons unlawfully at large or who have committed certain offences

A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds—
(a)
to suspect that a person—
(i)
is unlawfully at large; or
(ii)
has committed an offence punishable by imprisonment; and
(b)
to believe that the person is in or on the vehicle.

Question 3

S&S Sec 10 - Powers And Duties Of Constable After Vehicle Stopped

Answer 3

(1) A constable exercising the stopping power under section 9 may do any 1 or more of the following:

(a) require any person in or on the vehicle who the constable has reasonable grounds to suspect is unlawfully at large or has committed an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth:

(b) search the vehicle to locate the person referred to in section 9, if the constable has reasonable grounds to believe that the person is in or on the vehicle:

(c) search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under section 9, if the person referred to in section 9—

(i) has been arrested; or
(ii) is seen fleeing from the vehicle before he or she can be arrested.

(2) Before conducting a search under a power conferred by subsection (1)(c), a constable must tell the driver the object of the proposed search, if the driver is not the person referred to in section 9.

Question 4

S&S Sec 14 - Warrantless Entry To Prevent Offence Or Respond To Risk To Life Or Safety

Answer 4

(1) A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a place or vehicle may—

(a) enter the place or vehicle without a warrant; and

(b) take any action that he or she has reasonable grounds to believe is necessary to prevent the offending from being committed or continuing, or to avert the emergency.

(2) The circumstances are as follows:
(a) an offence is being committed, or is about to be committed, that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property:

(b) there is risk to the life or safety of any person that requires an emergency response.