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Sgt CPK > S&S Act 2012 > Flashcards

S&S Act 2012 Flashcards

1
Q

Section 18 - Warrantless searches associated with arms (1) search, seize & detain

A

(1) A const who has RGS may, wout/W:
(a) search Person:
(b) search anything in their poss/control (incld m/v):
(c) enter place / m/v
(d) seize & detain any arms found:
(e) seize & detain any licence

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2
Q

Section 18 - Warrantless searches associated with arms (2) carrying, breach, MH, incap, PO or PSO

A

(2) A person carrying FA, or in poss, under their control, and—
(a) is in breach of the AA or
(b) by reason of their physical/mental condition
(i) is incapable of having proper control or
(ii) may kill or cause bodily injury or
(c) that, under the FV Act
(i) a PO or PSO is in force; or
(ii) there are grounds to make an application for a PO.

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3
Q

Section 18 - Warrantless searches associated with arms (3) entering & seizing

A

(3) A const may, wout/w, enter:
place
m/v,
search it,
seize any arms or any licence,
and detain the arms or licence
if RGS
that there are arms in the place or vehicle—

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4
Q

Who should approve drug related searches?

A

Unless impracticable, obtain approval from a sgt or above before exercising this warrantless search power for drugs.

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5
Q

Section 19 –Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants

** The power to search only arises when 3 conditions are met:

A
  • a search warrant has been issued under section 6 of the Act in respect of an offence against the Misuse of Drugs Act 1975
  • the warrant is being executed by a constable
  • that the person is found in or on the place or vehicle specified in the warrant.
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6
Q

Section 20 – Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences

A

Const may enter & search
a place/mv
w/out a W
if RGB
it is not practicable to get a W
& that in/on the place/mv there is
a controlled drug or precursor/substance
in schedule 1-4 of the MODA 1975.

b) to S that in/on place/mv
an offence against the MODA 1975
has/is/or about to be committed

(c) to B that,
if entry & search is not carried out immed,
evidential material
will be destroyed, concealed, altered, or damaged.

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7
Q

Who is considered unlawfully at large?

A
  • A person with a WTA
  • Escaped or not returned from Prison
  • An escapee from lawful custody
  • A special patient or restricted patient
  • A care recipient or special care recipient
  • A young person who is subject to an order and who is absconding from the custody of the chief executive
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8
Q

Does your search of a place or vehicle extend to searching of a person?

A

Yes.
But all searches must be lawful and reasonable.

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9
Q

What information does the owner/occupier/or person in charge of a place/mv/or thing have the right to know?

A
  • Who is searching
  • The person’s authority for searching
  • The reasons why they are conducting a search
    (unless there are good reasons for not providing this information)
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10
Q

What does implied license mean?

A

It is assumed that members of the public, including police officers, can enter private property so far as is necessary to make an inquiry of an occupier, for any reasonable purpose or in the course of any lawful enquiry.
Such an implied licence can be revoked by the occupier at any `time.

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11
Q

If a person consents to being searched, what else can you search?

A

If a person consents to a search of themselves, you may extend the search to any item that:
* the person is wearing or carrying, (eg a bag), or
* is in the person’s physical possession or immediate control
provided the person consents to these items being searched.

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12
Q

For any search to be lawful, you must:

A
  • exercise a warrantless power, or
  • execute a warrant power, or
  • conduct the search, examination or inspection with the person’s consent.
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13
Q

If evidence obtained would breach the BOR Act 1990, but would have been discovered even if the breach had not occurred, what is likely to happen?

A

The fact that it would inevitably have been discovered is a factor to be taken into account in determining whether it is admissible under the balancing test in s30 Evidence Act 2006. (See R v Williams [2007] 3NLR 207). However it will not be admissible as a matter of course.

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13
Q

Which BOR section dictates that a search must be reasonable?

A

S21

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14
Q

What is the warrantless search power for a person in custody & about to be locked up?

A

S11

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15
Q

What is the warrantless search power for arms?

A

S18

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16
Q

What is the warrantless search power in relation to drug offences

A

SS 21, 22, 23, 81

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17
Q

What is the warrantless search power for knives, offensive weapons & disabling substances?

A

S27

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18
Q

What is the warrantless search power for after arrest or detention?

A

SS85, 88

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19
Q

Seizure and other powers incidental to powers of search??

A

All of the powers to search places, vehicles and things outlined have:

  • the associated power to seize anything that is the subject of the search or anything else that may lawfully be seized
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20
Q

Under section 169 if you exercise a warrantless entry power, search power or surveillance power under Part 2 or 3 of the Act in relation to places, vehicles, things or facilities:
you must…

A

notify the Commissioner of the exercise of the power as ‘soon as practicable’ –

  • Police policy requires this notification to be completed no later than the end of shift.
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21
Q

If you exercise a search by consent or warrantless entry to prevent offence or respond to risk to life or safety, do you have to notify the Commissioner:

A

No

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22
Q

S&S S7

If you have reasonable grounds to…
* suspect that a person is unlawfully at large, and
* believe that the person is in a place or vehicle…

You may??

A

Enter the place or vehicle without warrant to search for and arrest the person.

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23
Q

S&S S8

If you have reasonable grounds to…
* suspect that a person has committed an offence punishable by imprisonment and for which they may be arrested without warrant, and
* believe that the person is in a place or vehicle, and
* believe that if entry is not effected immediately, either or both of the following may occur:
− the person will leave the place or vehicle to avoid arrest
− evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered or damaged
* enter that place or vehicle without warrant, and
* search for and arrest the person you suspect has committed the offence.

you may….

A
  • enter that place or vehicle without warrant, and
  • search for and arrest the person you suspect has committed the offence
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24
Q

Explain Section 8 of S&S

A

Section 8 only empowers you to search for and arrest a person. That must be your intention at the time of entry.

You may not search for evidential material unless an arrest is made and a search incidental to that arrest is undertaken under ss83-88.

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25
Q

S&S S14

Emergency powers
Entry to prevent offence or respond to risk to life or safety

A

enter the place or vehicle without a warrant, and
* take any action you have reasonable grounds to believe is necessary to:
− prevent the offending from being committed or continuing, or
− avert the emergency

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26
Q

S15 S&S is about urgency

A

If you have RGs to S
an offence punishable by 14yrs or more
has been / is being / or about to be committed
and
believe
evidence is in a “place”
and
about to be destroyed, concealed, altered
if entry is delayed

you may

enter and search w/out a warrant

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27
Q

S16 S&S
Searching PEOPLE in public places for evidential material

A

if you have RG’s to B
a person in a “public place”
is in poss of evidential material relating to an offence punishable by 14yrs
you may
search that person w/out w

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28
Q

S17 S&S
Entry & search of VEHICLES in public place for evidential material

A

If you have RGs to B
the evidence relating to an offence punishable by 14yrs
is in or on a vehicle
in a public place
you may
enter & search the vehicle w/out w

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29
Q

S18 S&S
Arms in places or vehicles

A

if you have RGs to S
there are arms in Any Place or Vehicle
has been/about to be
committed
or evidence
you may
w/out w
enter the place or vehicle
search it
seize and detain any arms or licence

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30
Q

How should you seek approval for in regards to arms related searches

A

A Sgt (including A/Sgt) or above
unless impracticable to do so

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31
Q

S28 S&S
Searching vehicles for offensive weapons

A

If you have RGs to S
a person in a m/v or has run from it
is committing an offence in a public place
and the vehicle contains a knife, offensive weapon or disabling substance
you may
search the vehicle w/out w

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32
Q

S29 S&S
Searching vehicles for stolen property

A

if you have RGs to B
stolen prop
is in or on
any m/v
you may search w/out w

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33
Q

S83 S&S
Entry and search of PLACES after arrest

A

If you have arrested a person
and have RGs to B
evidence relating to the offence is at a PLACE
and
if entry is delay to obtain a W
evidence will be destroyed, concealed etc
You May
Enter the place & search for evidential material
w/out w

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34
Q

S84 S&S
Entry and Search of VEHICLE after arrest

A

if you have arrested a person
and have RGs to B
evidence relating to an offence is in a vehicle
You may
enter & search the vehicle w/out w

  • as soon as practicable after the arrest
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35
Q

Warrantless use of powers, notifications and reporting
what are the five steps

A

Approval from Sgt (or A/Sgt)
Provide written notice & an inventory of seized items
Record of decision in notebook
Record the use of powers in OnDuty application for warrantless power notifications
Where applicable, complete a notification in Notifications

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36
Q

Do you need a justifiable reason to search someone?

A

Yes

37
Q

Can a person withdraw their consent (of a search) at any time?

A

Yes

38
Q

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

A

No
Unless they were found driving a vehicle and there are no passengers over 14yrs to give authority

39
Q

You can ask a person to consent to a search, or a search being made of a place, vehicle or other thing in the persons control in three instances?

A

To prevent the commission of an offence

To protect life or property, or injury or harm

To investigate if an offence has been committed

40
Q

What information must you tell someone before a searching S93 S&S

A

Your name
reason for the search
they may consent or refuse to the search

41
Q

If a person has consented to being searched, can you search their belongings?

A

Only if they agree to the belongings being searched

42
Q

Every search power (with or w/out warrant) authorises you to
enter and search …

A

request assistance
use reasonable force on PROPERTY
seize
copy documents (that may be lawfully seized)
Access computer or other storage device
Take photos & recordings

43
Q

What powers do people have who you have called to assist?

A

They can only do as you ask and under your supervision / sight

44
Q

S117 S&S
Power to secure scene when a SW application has been made

A

You may
at any time that is reasonable in the circumstances
enter & secure the place, vehicle or other thing
secure items

if you B
evidence may be destroyed, concealed, altered etc before a SW is granted or refused

45
Q

S117 S&S
Power to secure a scene - how long do the special powers last

A

expiry of six hours or
the warrant is granted & available or
the application is refused

46
Q

S118 S&S
Power of detention incidental to searches of places & vehicles

A

You can detain any person to determine if there is a connection between them & the object of the search

This can be someone already there, or someone who arrives while the search is being carried out

The detention is for any REASONABLE period

47
Q

If someone is detained under S118 S&S what must you do at your first opportuntiy

A

take active steps to determine if there is a connection between the person and the search

48
Q

S119 S&S
Powers to search persons at a place or vehicle

A

If you are searching a place or vehicle
you may
search any person (found at place or arrives)
if you have RGs to B
evidence that is the object of the search is on the person
or
RGs to S
the person is in possession of a dangerous item that poses a threat to safety & you B immediate action is required

49
Q

S120 S&S
Powers of search when suspect PURSUED

A

If you intend to search someone and they leave
You may
apprehend the person or
enter any place to apprehend the person or vehicle
if you have
been freshly pursuing from the search location until apprehended
and
you have RGs to B
that relevant evidence is still on the person or in the vehicle

50
Q

What section is the power of entry under S&S

A

S110

51
Q

Section 127 S&S
Search warrants to enter & search vehicles

Does a search warrant to search and entry of vehicle allow you to enter any place if you have RGs to B the vehicle is there?

A

Yes

52
Q

If you have a SW when must you provide a written copy?

A

At the first opportunity

53
Q

If multiple units are being searched, do all units need to be given a copy of the warrant?

A

yes

54
Q

When would you not announce entry & giving reasons for a search?

A

No person is likely to be present
Might endanger the safety of the person executing it
Tactical approach
Prejudice ongoing investigations

55
Q

When securing a scene to be searched, what must you do?

A

Secure the place, vehicle etc
Exclude any person from the scene

56
Q

If a person at the search wants to know why you are searching and you have already informed them, how do you respond?

A

ID yourself
State the name & enactment
If not in uniform, produce your ID

57
Q

What does “in uniform” mean when conducting a search?

A

Distinctive clothing that easily is recognisable as Police

58
Q

What does an announced entry mean?

A

Giving people the opportunity to let you in after saying who you are and giving the authority of why you are there

59
Q

What can be searched and seized?

A

Only items specifically mentioned in a SW

60
Q

While searching a property, can you search a vehicle on the premises?

A

Yes, but a vehicle parked on the street must be specified in the warrant

61
Q

If you are not certain if something can be lawfully seized, do you leave it behind or seize it?

A

Seize it to determine whether it may be lawfully seized

62
Q

If your SW is for cannabis and you find a tv that could be stolen, can you seize it along with the cannabis

A

It can be seized, but only under a plain view seizure (S123)

63
Q

S123 S&S
Seizure of items in plain view

A

If you have RGs to B
an item could be seized under
any SW obtained
or
any other search power
you may seize any item

64
Q

S131 S&S
Procedures for recording seized and produced things

Inventory and time it must be given

A

If anything is seized the person must be given an inventory
and
no later than 7 days after the seizure

65
Q

Are there any limits on who can be treated as occupiers or people in charge?

A

Yes
No one under the age of 14yrs (unless in a car and no one over the age of 14 is there)
or
you have RGs to B
it is not the occupier

66
Q

Any inventory of all seized items must go into PROP. Can PROP produce a receipt for the occupier?

A

Yes
However ensure no personal information is on PROP that could be given to someone else (look to redact)

67
Q

S121 S&S
Stopping vehicles with or w/out warrant to search

A

You can stop a vehicle to conduct a search
under a search power

w/out warrant
if you are satisfied that grounds exist to search the vehicle

with a warrant
if you are satisfied that
the warrant has been issued and is in force

68
Q

S122 S&S
Moving vehicle for purpose of search or safekeeping

A

You may move a vehicle to another place
if
you find or stop the vehicle
and you have
lawful authority to search it (but it is impractical at that place)
or
RGs to B it is necc to move the mv for safekeeping

69
Q

Is there a duty to remain stopped?

A

Yes
For as long as reasonably necc for the exercise powers for the
vehicle or
occupants of the vehicle

70
Q

S9 S&S
Stopping vehicles w/out warrant to effect arrest

A

You can stop a vehicle w/out a w
to arrest a person
if you have
RGs to S
a person
is unlawfully at large
or
has committed an imprisonable offence
and
is believed to be the person in/on the vehicle

71
Q

If you have stopped a person under S9 of the S&S Act, what are your powers and duties?

A

Require any person to give their details

Search the m/v to look for the person if you have RG to B they are in the mv

Search to locate property for evidential material if the person has been arrested or seen fleeing the vehicle

72
Q

Under S9 S&S
Do you have to tell the driver of the reason for the search if they are not the person suspected of being unlawfully at large?

A

Yes

73
Q

When stopping a vehicle you must?

A

be wearing distinctive Police uniform, cap, hat or helmet
or
be folliowing the mv displaying red & blues and/or siren

74
Q

Who may authorise a road block?

A

A senior constable (holding or acting in a position level of Sgt or above)

You must keep a written record of the location, period, grounds

75
Q

How long can a warrantless road block be in force for?

A

24hrs
However it can be renewed by a DCJ for a single further period not exceeding 24hrs

76
Q

What powers can a constable evoke when a road block is authorised?

A

Stop vehicles
Require details
Search vehicle

A vehicle must remain stopped for as long as reasonably necc

77
Q

What are the three types of personal searches?

A

Rub down
strip
internal

78
Q

What is the general principle when applying to all searches

A

It must be lawful
People must be treated with dignity
Force must be reasonable
Generally carried out by person of the same sex
Ideally the search should be witnessed
All property removed or seized

79
Q

Do you need authorisation from anyone when doing an arms related search?

A

A Sgt or above if practical in the circumstances

80
Q

Which power should be used for searching arrested or detained persons?

A

A rubdown search SS85-87

A warrantless search S88

81
Q

When a person is in Police custody, when should you take money or property from the person

A

Before the person is locked up

82
Q

Can a person be searched after being locked up?

A

Only if they were not searched before being locked up,
you have suspicions they have something on them to hurt themselves or someone else

83
Q

Does a rub down count as a search?

A

No.
A rubdown can be conducted at a scene and then a search can occur at the station.

84
Q

S88 S&S
Seizing samples as evidential material from a persons external body

A

On when there are RGs to B
evidential material is on a persons body
does S88
authorise a search & seizure
from the external body of an arrested or detained person

85
Q

What are some examples of when a samples of the persons external body can be seized?

A

swab to remove blood
fingernail scrapings
a swab of skin (gunshot residue)
penile swabs (must consent)

86
Q

Searches of a persons external body can only be approved by?

A

A constable who is of or above the level of Sgt

87
Q

When searching a person you must?

A

ID yourself
State the name of the Act & reason
Provide person with an inventory of any items seized

88
Q

When exercising a power to search a person, you may

A

detail
use reasonable force
use equipment (torch)
seek assistance
search
seize
copy

89
Q

Can a rub-down search include a visual exam?

A

Yes
mouth, nose, ears (but nothing can be inserted into these areas)

90
Q
A

Sgt CPK (24 decks)

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