S&S Act

Question 1

What is S131?

Answer 1

Identification and notice requirements. Before initial entry into or onto the place, vehicle or other thing to be searched,
youmust:
• identify yourself by name or unique identifier
• announce your intention to enter and search the place, vehicle or other thing
under the Search and Surveillance Act 2012 or any other statutory power
• if you are not in Police uniform, provide proof of identity

You may use reasonable force to enter the place, vehicle or other thing if you have
reasonable grounds to believe that:
• no person is lawfully present in or on the place, vehicle or other thing to be
searched or
• announcing your intention and identifying yourself would:
– endanger any person’s safety, or
– prejudice the successful use of the search and entry power, or
– prejudice ongoing investigations
or following a request, the person present refuses entry or does not allow entry
within a reasonable time.

Question 2

What is S110?

Answer 2

Power incidental to search of places and vehicles

• enter and search
• request assistance
• use reasonable force on property only
• seize
• bring and use
• copy
• use reasonable measures

Question 3

What is S15?

Answer 3

Entry without warrant to find and avoid loss of evidential material
If you have reasonable grounds to suspect that:
• an offence punishable by imprisonment for a term of 14 years or more:
– has been committed or
– is being committed or
– is about to be committed
and you have reasonable grounds to believe that:
• evidential material relating to the offence is in a place
and
• if entry is delayed in order to obtain a search warrant, the evidential material will
be concealed, altered, damaged or destroyed
you may:
• enter and search the place without a warrant.

Question 4

What is S16?

Answer 4

Searching people in public place without warrant for evidential material
relating to certain offences
If a person is in a public place and you have reasonable grounds to believe that:
• the person is in possession of evidential material relating to an offence
punishable by imprisonment for a term of 14 years or more
you may:
• search the person without warrant

Question 5

What is S17?

Answer 5

Warrantless entry and search of a vehicle for evidential material relating to
certain offences
If a vehicle is in a public place and you have reasonable grounds to believe that:
• evidential material relating to an offence punishable by imprisonment for a term
of 14 years or more is in or on the vehicle
you may:
• enter and search the vehicle without warrant.

Question 6

What is S9?

Answer 6

Stopping a vehicle to find persons unlawfully at large or who have committed
certain offences (imprisonable offences)
If you have reasonable grounds to suspect that a person is:
• unlawfully at large
or
• has committed an offence punishable by imprisonment
and
• you have reasonable grounds to believe the person is in or on a vehicle
you may:
• stop the vehicle without warrant to arrest the person.

Question 7

What is S10?

Answer 7

Powers and duties of constable after vehicle stopped
If you are exercising the stopping power under s9 you may:
• require any person in or on the vehicle to supply all or any of their name, address,
other contact details and DOB if you have reasonable grounds to suspect:
– they are unlawfully at large
or
– they have committed an offence punishable by imprisonment.
You may also:
• search the vehicle to locate the person the vehicle was stopped for if you have
reasonable grounds to believe that person is in or on the vehicle
• search the vehicle to locate evidential material in relation to any offence in
respect of which the vehicle was stopped if the person sought:
– has been arrested
or
– is seen fleeing from the vehicle before they can be arrested.
If the driver is not the person the vehicle was stopped for you must tell the driver the
object of the proposed search before conducting the search.

Question 8

What is S121?

Answer 8

• Stopping a vehicle without a warrant for purposes of search
  If you are satisfied that there are grounds to conduct a warrantless search under this
  Act, you may:
  • stop a vehicle to conduct the warrantless search.

Question 9

What is S122?

Answer 9

Moving a vehicle for the purpose of search or safekeeping
If you find or stop a vehicle and you have:
• lawful authority to search the vehicle, but it is impracticable to do so at that place
or
• reasonable grounds to believe that it is necessary to move the vehicle for
safekeeping
you may:
• move the vehicle to another place

Question 10

What is S128?

Answer 10

Duty to remain stopped
If you exercise a power to:
•	 stop a vehicle
or
•	 search a vehicle
you may require the vehicle to remain stopped for as long as is reasonably necessary
to exercise any powers in relation to:
•	 the vehicle
or
•	 the occupants of the vehicle

Question 11

What is S129?

Answer 11

Duty to provide information
If you exercise a power to stop a vehicle, as soon as you have stopped it, you must
provide the driver with:
• your name or unique identifier
and
• the Act under which the search is taking place and the reason for the search
unless it is impracticable to do so in the circumstances
and
• proof of your identity if you are not in Police uniform (Police policy).

Question 12

What is 116?

Answer 12

Securing a place, vehicle or other thing to be searched (s116)
s116(1)(a)
If you are carrying out any search of a place, vehicle or other thing, you may, in a
reasonable manner and for a reasonable duration:
• secure the place, vehicle or other thing being searched
• secure any area in or on that place, vehicle or other thing
• secure any items found in or on that place, vehicle or other thing.
116(1)(b)
If you believe a person will obstruct or hinder any of the powers above, you may, in
a reasonable manner and for a reasonable duration:
• exclude any person from the place, vehicle or other thing being searched
• exclude any person from any area within the place, vehicle or other thing
• give any reasonable direction to such a person.

Question 13

What is 118?

Answer 13

Powers of detention incidental to powers to search places and
vehicles (s118)
s118(1)
If you exercise a search power in relation to a place or vehicle
and
you need to determine if there is any connection between a person at the place or in
or on the vehicle and the object of the search, then you may:
• detain any person who:
– is in that place or in or on the vehicle at the start of the search
or
– arrives at the place while the search is being carried out
or
– stops at, or enters, or tries to enter the vehicle while the search is being
carriedout.
When detaining a person you may:
• detain them for a reasonable period but for no longer than the duration of the
search: s118(2)
• use reasonable force to effect and continue the detention of the person at the
search scene: s118(4

Question 14

What is 119?

Answer 14

Powers to search persons at a place or vehicle (s119)
If you exercise a power of search in relation to a place or vehicle you may search any
person:
• found at the place or in or on the vehicle
or
• who arrives at the place
or
• who stops at, or enters, or tries to enter or get into or onto the vehicle
if either
• you have reasonable grounds to believe that evidential material that you are
searching for is on the person: s119(1)
or
• you have reasonable grounds to suspect that the person has in their possession
a dangerous item that poses a threat to safety and you believe that immediate
action is needed to address that threat: s119(2).

Question 15

What is S14?

Answer 15

Warrantless entry to prevent offences or respond to risk to life or safety
If you have reasonable grounds to suspect that in relation to a place or vehicle:
• 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
or
• there is a risk to the life or safety of any person that requires an emergency
response
you may:
• enter the place or vehicle without warrant
and
• take any action that you have reasonable grounds to believe is necessary
– to prevent the offending from being committed or continuing
or
– to avert the emergency

Question 16

What is S7?

Answer 16

Entry without warrant to arrest person unlawfully at large
If you have reasonable grounds:
• to suspect that a person is unlawfully at large
and
• to believe that the person is in a place or vehicle
you may:
• enter the place or vehicle without warrant to search for and arrest that person

Question 17

What is S8?

Answer 17

Entry without warrant to avoid loss of offender or evidential material
If you have reasonable grounds to:
• suspect that a person has committed an offence punishable by imprisonment 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 concealed, altered, damaged or destroyed.
you may:
• enter that place or vehicle without warrant
and
• search for and arrest the person you suspect has committed the offence.

Question 18

What is S18?

Answer 18

Warrantless searches associated with arms
If you (any constable) have reasonable grounds to suspect that a person who is
carrying arms, or is in possession of them or has them under their control and
• the person is in breach of the Arms Act 1983
or
• the person, by reason of their physical or mental condition, is incapable of having
proper control of the arms
or
• the person, by reason of their physical and mental condition, may kill or cause
bodily injury to any person
or
• a protection order is in force against the person under the Domestic Violence Act
1995
or
• there are grounds to make an application against the person for a protection
order under the Domestic Violence Act 1995
or
• a police safety order is in force against the person under the Domestic Violence
Act 1995
then you may do any or all of the following without warrant:
• search the person
• search anything in their possession or under their control (including a vehicle)
• enter a place or vehicle to search:
– the person
– anything in the person’s possession or under their control (including a vehicle)
• seize and detain any arms found
• seize and detain the person’s firearms licence
s18(3)
If you (any constable) have reasonable grounds to suspect that there are arms in a
place or vehicle and
• a category 3 or 44
offence or an offence against the Arms Act 1983:
– has been committed or
– is being committed or
– is about to be committed
or
• the arms may be evidential material in relation to a category 3 or 4 offence or an
offence against the Arms Act 1983
you may without warrant:
• enter the place or vehicle and search it
• seize and detain any arms or firearms licence found there

Question 19

What is S20?

Answer 19

Warrantless search of places and vehicles in relation to some Misuse of
Drugs Act 1975 (MODA 1975) offences
If you have reasonable grounds to believe that in or on a place or vehicle there is:
• a controlled drug or precursor substance
and
• you have reasonable grounds to believe that it is not practicable to obtain a
warrant
and
• you have reasonable grounds to suspect that in or on the place or vehicle an
offence against the MODA 1975:
– has been committed or
– is being committed or
– is about to be committed
and
• you have reasonable grounds to believe that if an entry and search is not carried
out immediately evidential material relating to the suspected offence will be
concealed, altered, damaged or destroyed
then you may:
• enter and search that place or vehicle without warrant.

Question 20

What is S21?

Answer 20

• Warrantless searches of people found in or on places or vehicles
  If you conduct a search of a place or vehicle under s20 you may:
  • search any person found in or on the place or vehicle without a warrant.

Question 21

What is S22?

Answer 21

Warrantless power to search for controlled drugs and precursor substances
if offence suspected against MODA 1975
If you have reasonable grounds to believe that a person is in possession of a
controlled drug or precursor substance and
• you have reasonable grounds to suspect that an offence against the MODA 1975:
– has been committed or
– is being committed or
– is about to be committed
then you may without warrant:
• search the person.

Question 22

What is S27?

Answer 22

Searching people in public places without warrant if offence against section
202A(4)(a) of the Crimes Act 1961 suspected
If you have reasonable grounds to suspect that:
• a person is committing an offence against s202A(4)(a) of the Crimes Act 1961
(inapublic place)
you may without warrant:
• search the person

Question 23

What is S28?

Answer 23

Searching vehicles without warrant for offensive weapons
If you have reasonable grounds to suspect that:
• a person travelling in a vehicle (or who has exited from the vehicle) is committing
an offence against s202A(4)(a) of the Crimes Act 1961 (in a public place)
and
• the vehicle contains a knife, offensive weapon or disabling substance
you may without warrant:
• search the vehicle

Question 24

What is S29?

Answer 24

Power to search vehicles without warrant for stolen property
If you have reasonable grounds to believe that:
• any stolen property is in or on any vehicle
you may:
• search the vehicle without warrant.

Question 25

What is S83?

Answer 25

Entry without warrant after arrest
If you have arrested a person and have reasonable grounds to believe that:
• evidential material relating to the offence for which the person was arrested is at
a place
and
• if entry is delayed in order to obtain a search warrant, the evidential material will
be concealed, altered, damaged or destroyed
you may:
• enter that place without warrant to search for the evidential material (whether or
not the person was arrested there)

Question 26

What is 84?

Answer 26

Warrantless entry and search of vehicle after arrest
If you have arrested a person and have reasonable grounds to believe that:
• evidential material relating to the offence for which the person was arrested is in
or on a vehicle
you may:
• enter and search that vehicle for the evidential material without warrant
(whetheror not the person arrested was with the vehicle).

Question 27

What is S30?

Answer 27

Obtaining authorisation for warrantless road block
If a senior constable (Sergeant / Acting Sergeant or higher)
• has reasonable grounds to believe that in or on a vehicle there is a person they
have reasonable grounds to suspect
– has committed an offence punishable by a term of imprisonment
or
– is unlawfully at large
and
• has reasonable grounds to suspect that the vehicle will travel past the place
where it is proposed that the road block be established
and
• is satisfied that, as far as is reasonably practicable, the safety of all road users will
be ensured in the area in which it is proposed that the road block be established
then the senior constable (Sergeant / Acting Sergeant or higher) may:
• authorise the establishment of a road block to arrest the person.

Question 28

What is 112?

Answer 28

Items of uncertain status may be seized
If you are exercising a search power and:
• you are uncertain whether any item found may be lawfully seized
and
• it is not reasonably practical to determine whether the item can be seized at the
place or vehicle where the search takes place
you may:
• remove the item for analysis or examination to determine whether it may be
lawfully seized.

Question 29

What is 123?

Answer 29

Seizure of items in plain view
If you, as part of your duties:
• exercise a search power or
• are conducting a lawful search of a person or
• are lawfully in any place or in or on a vehicle
you may seize any item(s) you (or anyone assisting you) find:
• in the course of carrying out the search
or
• as a result of observations at that place or in or on the vehicle
and you have reasonable grounds to believe that you could have seized the item
under:
• any search warrant that you could have obtained
or
• any other search power you may exercise.

Question 30

What is 117?

Answer 30

Special power where a search warrant is pending
If a search warrant application is about to be made or is being made:
and
• the application has not yet been granted or refused
and
• you believe on reasonable grounds that before the search warrant can be issued
evidential material may be concealed, altered, destroyed, damaged or removed
then at any time that is reasonable in the circumstances you may:
• enter and secure the place, vehicle or other thing
and
• secure any item or items found there
and
• direct any person to assist with the entry and securing of the place or vehicle or
other thing or securing of items in it.
You may only exercise powers under s117 above until the first of the following
occurs:
• the expiry of 6 hours after the power was first exercised or
• the search warrant is available for execution at that place or vehicle or
• the application for the search warrant is refused.

Question 31

What is S85?

Answer 31

Rub-down search of arrested or detained persons
You may carry out a rub-down search of a person when:
• the person is arrested
or
• detained under a statutory power of detention (any enactment)
to ensure that the person is not carrying anything that may be used to:
• harm any person
or
• facilitate the person’s escape.

Question 32

What is S88?

Answer 32

Warrantless search of arrested or detained persons (for evidential material)
You may search a person pursuant to arrest or statutory detention if you have
reasonable grounds to believe the person is carrying anything that:
• is evidential material relating to the offence in respect of which the arrest is made
or the person is detained
or
• may be used to harm any person
or
• may be used to facilitate the person’s escape