SASA 2012

Question 1

What does Section 169 of the Search and Surveillance Act 2012 refer to?

Answer 1

Reporting the use of powers - online notification

Question 2

What does Section 85 of the Search and Surveillance Act 2012 refer to?

Answer 2

A rub-down search after arrest or detention to ensure person is not carrying anything that may harm any person or facilitate their escape

Question 3

What does Section 88 of the Search and Surveillance Act 2012 refer to?

Answer 3

A warrantless search of arrested/detained person for evidential material. RGTB anything that may harm any person, facilitate their escape or evidential material relating to the offence

Question 4

What does Section 11 of the Search and Surveillance Act 2012 refer to?

Answer 4

Custody search to safe-keep money/property and anything that may harm any person - any person taken into custody, about to be locked up at police station, before getting in vehicle to be transported

Question 5

What does Section 13 of the Search and Surveillance Act 2012 refer to?

Answer 5

Return of money/property - unless money/property constitutes an offence

Question 6

What does Section 119 of the Search and Surveillance Act 2012 refer to?

Answer 6

Power to search for evidential material on a person at a place/vehicle - RGTB EM is on a person and RGTS they possess a dangerous item
May search anyone
- In or on the place/vehicle at start of search
- Arrives during search
- Stop at/enters/attempts to enter during search

Question 7

What does Section 27 of the Search and Surveillance Act 2012 refer to?

Answer 7

Warrantless power to search a person for offensive weapons in a public place - RGTS committing offence in PP

Question 8

What does Section 18 of the Search and Surveillance Act 2012 refer to?

Answer 8

Warrantless power to search and seize arms on a person, place or vehicle - RGTS person is carrying/possess arms & breaching arms act/incapable of control/may kill/cause bodily injury/issued a PO/PSO/ground to make PO

Question 9

What does Section 16 of the Search and Surveillance Act 2012 refer to?

Answer 9

Warrantless power to search a person in a public place for evidential material relating to certain offences - In a PP and RGTB person is in possession of evidential material relating to the 14year+ imprisonable offence

Question 10

What does Section 21 of the Search and Surveillance Act 2012 refer to?

Answer 10

Warrantless power to search for contolled drugs on occupants found in or on a place/vehicle - Any person found after S20 has been conducted

Question 11

What does Section 22 of the Search and Surveillance Act 2012 refer to?

Answer 11

Warrantless power to search for controlled drugs on a person - RGTB a person is in possession of drugs & RGTS an offence has been/is being/about to be committed

Question 12

What does Section 125 of the Search and Surveillance Act 2012 refer to?

Answer 12

Obligation to state RAN (Reason, Act, Name) before conducting a search

Question 13

What does Section 131 of the Search and Surveillance Act 2012 refer to?

Answer 13

Obligations to state RAIN (Reason, Act, Intention to Enter & Search, Name)

Question 14

What does Section 110 of the Search and Surveillance Act 2012 refer to?

Answer 14

Powers incidental to searching - BUSTER
Bring and use stuff, Use assistance, Seize items, Take items, Enter and search, Reasonable force

Question 15

What does Section 92 of the Search and Surveillance Act 2012 refer to and what are the purposes?

Answer 15

Consent search of a place/vehicle/person/thing in their control
(Purpose for search)
- Prevent the commission of an offence
- Investigate if offence has been committed
- Protect life/property
- Prevent harm/injury

Question 16

What does Section 93 of the Search and Surveillance Act 2012 refer to?

Answer 16

Advise given before consent search
- Determine search is for a purpose set out in S 92 AND
- Advise them of the reason for the search AND
- Advise they may consent or refuse the search

Question 17

What does Section 94 of the Search and Surveillance Act 2012 refer to?

Answer 17

When a consent search is unlawful
- Not a purpose set out in S 92 or
- Fail to give advise set out in S 93 or
- Consent is given by a person who does not have authority to consent <14

Question 18

What does Section 112 of the Search and Surveillance Act 2012 refer to?

Answer 18

Items of uncertain status may be seized - unsure if can be seized, item may be taken for examination/analysis

Question 19

What does Section 116 of the Search and Surveillance Act 2012 refer to?

Answer 19

Power to secure a place or vehicle and exclude people
- Secure any area in that place/vehicle or any items found in that place /vehicle
- Exclude any person that may obstruct/hinder search

Question 20

What does Section 118 of the Search and Surveillance Act 2012 refer to?

Answer 20

Power of detention to determine a connection at a P/V
- Anyone in/on the place/vehicle at start of search
- Anyone that arrives during the search
- Anyone that stops at/enters/attempts to enter during the search

Question 21

What does Section 121 of the Search and Surveillance Act 2012 refer to?

Answer 21

Power to stop to carry out a search power in vehicle
121(1) warrantless
121(2) warrant

Question 22

What does Section 122 of the Search and Surveillance Act 2012 refer to?

Answer 22

Power to move vehicles for search or safekeeping
Impracticable to search at that place or RGTB move is necessary

Question 23

What does Section 123 of the Search and Surveillance Act 2012 refer to?

Answer 23

Seizure of items in plain view - RGTB the item can be seized under a power or warrant anyway

Question 24

What does Section 128 of the Search and Surveillance Act 2012 refer to?

Answer 24

Duty for a vehicle to remain stopped - to carry out a search, for as long as reasonably necessary

Question 25

What does Section 129 of the Search and Surveillance Act 2012 refer to?

Answer 25

Obligations to state RAN (Reason, Act, Name) when stopping a vehicle

Question 26

What does Section 14 of the Search and Surveillance Act 2012 refer to?

Answer 26

Warrantless emergency entry power - respond to the risk of life or safety

Question 27

What does Section 30 of the Search and Surveillance Act 2012 refer to?

Answer 27

Power to obtain an authorisation for a warrantless road block - If a SGT or higher has RGTB in a vehicle there is a person they have RGTS is unlawfully at large/committed an imprisonable offence & RGTS that the vehicle will pass that play & is satisfied with the publics safety

Question 28

What does Section 7 of the Search and Surveillance Act 2012 refer to?

Answer 28

Warrantless power to enter a place/vehicle to arrest a person unlawfully at large - RGTS person is unlawfully at large and RGTB person is in a place/vehicle

Question 29

What does Section 8 of the Search and Surveillance Act 2012 refer to?

Answer 29

Warrantless power to enter a place/vehicle to avoid the loss of an offender or evidential material - RGTS a person has committed an imprisonable offence & RGTB the person is in a place/vehicle & RGTB delay may cause evidential material to be CADD or offender may escape

Question 30

What does Section 28 of the Search and Surveillance Act 2012 refer to?

Answer 30

Warrantless power to search a vehicle for offensive weapons in a public place - RGTS that a person travelling in a vehicle in a public place & vehicle contains knife/offensive weapon/disabling substance

Question 31

What does Section 29 of the Search and Surveillance Act 2012 refer to?

Answer 31

Warrantless power to search a vehicle for stolen property in a public place - RGTB that stolen property is in a vehicle

Question 32

What does Section 83 of the Search and Surveillance Act 2012 refer to?

Answer 32

Warrantless power to search a place after an arrest to prevent evidential material from being CADD - RGTB that EM is at a place & delay may cause EM to be CADD

Question 33

What does Section 84 of the Search and Surveillance Act 2012 refer to?

Answer 33

Warrantless power to search a vehicle after an arrest to prevent evidential material from being CADD - RGTB that EM is in/on a vehicle

Question 34

What does Section 9 of the Search and Surveillance Act 2012 refer to?

Answer 34

Power to stop a vehicle to find a person unlawfully at large or has committed an imprisonable offence - RGTS a person is U/L at large/committed imprisonable offence & RGTB is in a vehicle

Question 35

What does Section 10 of the Search and Surveillance Act 2012 refer to?

Answer 35

Powers after stopping vehicle to find person unlawfully at large or has committed an imprisonable offence - May demand NADO if RGTS they are unlawfully at large/committed imprisonable offence - May search vehicle to located person if have RGTB person is in the vehicle - May search vehicle for evidential material after arrest or if offender flees from the vehicle

Question 36

What does Section 15 of the Search and Surveillance Act 2012 refer to?

Answer 36

Warrantless power to enter place to find and avoid loss of EM from CADD relating to certain offences - RGTB 14+ imprisonable offence has/is/about to be committed & RGTB delay will cause EM to be CADD

Question 37

What does Section 17 of the Search and Surveillance Act 2012 refer to?

Answer 37

Warrantless power to enter vehicle to search for EM relating to a certain offence - in a public place & RGTB EM relating to the 14+ imprisonable offence is in a vehicle

Question 38

What does Section 20 of the Search and Surveillance Act 2012 refer to?

Answer 38

Warrantless power to search for controlled drugs in a place or vehicle - RGTB in/on a place/vehicle there is drugs & RGTB it is not practicable to obtain warrant & RGTS in the place/vehicle, an offen has/is/about to be committed & RGTB delay may cause EM to be CADD

Question 39

What does Section 32 of the Search and Surveillance Act 2012 refer to?

Answer 39

Warrantless Authorised Roadblock - Establishing roadblock - Stop vehicles - Require NAD of person you have RGTS is U/L at large or committed imprisonable offence - Search vehicle to locate offender if have RGTB is in vehicle