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DDP 2023 > S & S 2012 > Flashcards

S & S 2012 Flashcards

(53 cards)

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1
Q

Curtilage

A

Land immediately surrounding dwelling, expect privacy

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2
Q

Evidential Material

A

Evidence of offence, tangible or intangible

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3
Q

Private Premise

A

Not accessible to public

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4
Q

Surveillance device

A

Interception /Tracking/ visual surveillance

Anything which enhances normal senses

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5
Q

Trespass surveillance

A

Surveillance which involves trespassing onto private property

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6
Q

Unlawfully at Large

A

Warrant/Prisoner/Escapes custody (Police, MH, OT)

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7
Q

Section 7

A

RGTS person at large and RGTB in house

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8
Q

Section 8

A

RGTS person committed imp. offence and will escape or CADD

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9
Q

Section 9

A

RGTS person at large or committed imp. offence and RGTB in vehicle

(Stop vehicle)

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10
Q

Section 10

A

After vehicle stopped for s9, can require details, search vehicle for the person and search for EM if arrested, or seen fleeing before arrest

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11
Q

Section 15

A

RGTS 14 yr offence and RGTB EM in place and if entry delayed getting 4X risks CADD

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12
Q

Section 16

A

RGTB person in PP has EM for 14yr offence. Search for EM.

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13
Q

Section 17
(14+)

A

RGTB EM in vehicle in PP

Search vehicle for EM

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14
Q

Section 18
(Firearms)

A

RGTS offence against arms act

Search person, enter and search place/vehicle for F/Arm, seize.

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15
Q

Section 20
(Drugs)

A

RGTS offence against MODA and RGTB impractical to get 4X/ CADD

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16
Q

Section 21
(Drugs)

A

After evoking 20, can search any person found at place or in vehicle

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17
Q

Section 27
(Weapons)

A

RGTS person in PP has weapon

Search person for weapon

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18
Q

Section 28

A

RGTS person in a vehicle has weapon in a PP

Search vehicle and person for weapon

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19
Q

Section 83
(After arrest)

A

RGTB CADD of EM in place
After arrest can enter and search place and vehicle on private property

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20
Q

Section 84
(After arrest)

A

RGTB CADD OF EM in vehicle in PP

After arrest, enter and search vehicle

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21
Q

Section 112

A

Item of uncertain status ( Must be already exercising search power)

Power to seize

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22
Q

Section 117

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A

If SW app is about to be made or your waiting to hear,

RGTB CADD of EM secure place while obtaining warrant

Enter and secure place and direct any person. 6hrs or until 4X granted or declined.

23
Q

Section 121

Study These Flashcards
A

Power to stop vehicle if grounds to search vehicle or 4X obtained

24
Q

Section 123

Study These Flashcards
A

Items in plain view while exercising search power or lawfully at place or conducting search of person

Seize item

25
Section 45
In emergency, undertake surveillance while obtaining EM for 7yr+ offence or Arms Act offence for 48 hours
26
Section 46
Surveillance of cutilage with surveillance device (no trespass) 3 hours per 24 hours up to 8 hours
27
Purpose of the Act
Section 5 Facilitate the monitoring of compliance with the law and investigation and prosecution of offences in a manner consistent with human rights by: Modernising Providing rules Ensuring police have adequate tools
28
RTGS and RGTB
Sound basis for suspecting or believing that a situation or circumstances exists
29
Reasonable Grounds - what must you do?
Record grounds and be prepared to justify and report grounds
30
3 types of lawful search
With a search warrant Under a warrant less search power With consent Must comply with s21 BoR Act and consider nature, intrusiveness, where and when it takes place.
31
What are some factors when considering what is ‘Practical in the circumstances’
If practical, obtain a search warrant Think: Is there time? Can the scene be secured? Is there sufficient resources? Is EM material at risk? Location? Persons? Record, record, record
32
3 reasons to use a search warrant
Ensures Judicial oversight Provides greater protection for Police Requires reporting and recording
33
Search by consent 91-96. Must be searching for one of these reasons
Prevent commission of off. Investigate if offence has been committed Protect life or property Prevent injury or harm
34
Consent search, must do what?
Advise person of the reason That they may consent or refuse Also, can withdraw consent at anytime, you must make good notes, cannot search person under 14 (unable to give consent)
35
CADD -Evidential material, name the two types of EM
Tangible - something that can be touched Intangible - unable to be touched
36
CADD - Give examples of each
Concealed - hiding drugs Altered - grinding off serial numbers Damaged- breaking a phone so it can’t be accessed Destroyed - burning clothing used by offender
37
Obligations : Identification s131, before entry you must:
ID by name or QID Provide evidence of identity (not uniform) Announce intention Name Act Give notice BoR
38
Obligation: reason, if using warrant less search power must also:
Must state reason for search Provide warrantless search notice and inventory of items seized Report use of powers Consider privilege
39
Obligations - notice s131
Must give a copy of SW No need if nobody present but leave a copy of search warrant and supply property list within 7 days
40
Power to search s110, s116, s118, s119, s120
S110 - power to search vehicle, place, thing or any items found in those places, use reasonable force, seize anything found, request assistance, bring and use equipment, dog, copy documents, access computer, copy intangible, take photos s116 - if search impeded, exclude or give reasonable direction s118 - detain people s 119 - search people s120 - if fresh pursuit + RGTB EM On person, enter any place to apprehend and search person/vehicle.
41
AWOCA
If a person resists a search: A - Ask to comply W- Why, give reason O- options C- confirm person understands A - Action arrest.
42
Special rules for searching people (s125)
Can search any item wearing, possession or control Decency, sensitivity Seize the item or any item that could be lawfully seized
43
Detained person tries to leave
Reasonable force to detain (118(4)) If someone else arrives you may: Exclude in RGTB hinder Detain if there is a connection Search if RGTB EM on them Search if RGTB they have dangerous item poses threat
44
Search warrant process overview (7 key steps)
Gain prior approval Gain online approval Gain issuing officer authorisation Plan and brief SW Execute Report outcomes File investigation records
45
Before SW must be sure:
RGTS offence punishable by imprisonment RGTB search will find EM You’ve checked target history Assessed the risks Obtained initial approval
46
Risk Assessments - Risks must be:
Identified Assessed Considered for planning the ‘how’ Also, TENR
47
Authorising SW applications
DC Judge HC Judge JP Community Magistrate Registrar Deputy Registrar Must be personally satisfied RGTS offence committed and RBTB find EM May put restrictions on SW (time, requirements to assist) If no sign, record reasons, re-draft, re-submit, if still no, reconsider options or if unjustified refusal submit a report through legal
48
Who may execute SW and when?
The person to whom it is directed or any constable 14 days from date of issue or 30 days if justified as necessary At any time that is reasonable under circumstances or a restricted time SW executed when you have seized EM specified, or leave the place and do not return within 4 hours Can be executed once unless more than one execution is applied for in the search warrant (details reasons supplied)
49
Safety and briefings, what should you do when preparing a SW execution plan?
Review and reassess identified risks Work with others to identify further risk Plan how to manage and minimise risk Determine how to communicate risk at briefing
50
Postponing compliance with s131, when and how can you postpone supplying search warrant copy and inventory?
If it would: Endanger safety Prejudice ongoing investigations Then can apply (s134) to Judge at time of application or before 7 days is up
51
Safety at SW, when can Police use reasonable force?
To enter place (131) To search and seize (110) Search a person (125) AWOCA/TENR
52
Briefing GSMEAC
Ground: Location, address, neighbours Situation: reason, background Mission: Address, suspect, EM Execution: timings, method, roles, obligations, suspects, searching, recording, assisting vulnerable people Admin: travel, timings, recording Command: cellphones, radios, debriefs
53
Section 22
May search person without warrant If RGTB person is is possession of schedule 1 Controlled drug and offence against MoDA

DDP 2023 (6 decks)

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