Power to Search

Question 1

Power to Search, Place, vehicle or other thing.

What does Section 110 authorise you to?

(Favona Road)

Answer 1

1 - ENTER and SEARCH the place, vehicle or other thing, that you are authorised to entry and search

2 - Search any item(s) found PV or other thing(if reasonable)

3. Use reasonable force on PROPERTY for search or lawful seizure
4. SEIZE anything subject of search and anything lawfully seized.
5. Request assistance with entry and search
6. Bring and use any equipment found on the place, vehicle or other thing
7. Bring and use trained enforcement dog and handler
8. COPY documents, or part that may be lawfully seized.
9. ACCESS computer system or other data storage device.
10. COPY intangible material eg. computer data
11. take photographs, sound and video recordings and
    drawings.

Question 2

If your search is impeded what does section 116 allow you to do?

Answer 2

• Exclude that person from PV or other thing being searched OR any area in or on the place or vehicle
• give any reasonable direction to that person.

Question 3

ADDITIONAL POWERS

What powers are available to be used with original search power whether with warrant or warrantless?

Answer 3

• Section 116

You can secure a place, vehicle or other thing to be searched and EXCLUDE any person from there.

• Section 118

Detain people during search of PV for purposes of determing whether there is any connection between a person at the place OR in or on the vehicle and the object of the search.

• Section 119

You can search people found when searching places and vehicles if you have RGTB that evidential material that is the object of the search is on that person OR

if you have RGTS that the person is in possession of a dangerous item that poses a threat to safety and you believe that immediate action is needed to address that threat.

• Section 120

Fresh pursuit with RGTB that relevant evidential material is still on the person, have power to enter ANY PLACE to apprehend the person and SEARCH the person or vehicle.

Question 4

IF a person RESISTS what should you use?

AWOCA

Answer 4

A - ask - greet the person and ID yourself ask for them to
comply

W - Why - give reason for action / intention to search
S&S 2012. Based on belief / Suspicion

O - Options - present options:
allow search OR
be arrested for obstruction

C - Confirm - confirm that the person understands the
options.

A - Action - take action:
arrest for obstruction

Question 5

Special Rules for searching people:

What items can you search in relation to people?

Answer 5

what they are wearing, carrying in their physical possession and immediate control 125(1)(i)

This also allows you to seize those items 125(1)(j)

You can also seize anything that could be lawfully seized even if it is no the initial purpose of the search.

Everything must be done with dignity and respect.

Question 6

Detained person tries to leave / person arrives at search place.

What can you do if a person tries to leave the place or vehicle?

Answer 6

You can use REASONABLE force to detain the person to be searched. (Section 118(4))

Question 7

If a person arrives at the place, vehicle what can you do under the available powers?

Answer 7

• 116 exclude and give reasonable direction
• 118 detain and establish connection
• 119 search that person / if RGTB evidential material OR
  RGTS possession item that will endanger safety of
  others and take immediate action to address that
  threat.

Question 8

Fresh Pursuit

What are the legal grounds for fresh pursuit?

Answer 8

Section 120

• Fresh pursuit
• Enter any place
• If RGTB that person has evidential material still on
  them.