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AOS > SASA2012 (full) > Flashcards

SASA2012 (full) Flashcards

1
Q

S14 - Emergency entry for P/V (criteria)

A

RGTS an offence is being/about to be committed that would be likely to cause:
- Injury TAP; or
- Serious damage/loss of any property, or;

RGTS there is risk to life/safety of AP that requires an emergency response

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2
Q

S14 - Emergency entry for P/V (powers)

A

You may:

  • Enter the P/V without warrant; and
  • Take any action that you have RGTB necessary to:
  • Prevent the offending from being committed/continuing; or
  • Avert the emergency
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3
Q

S127 - SW to enter and search vehicles (criteria)

A
  • a search warrant is issued authorising the entry and search of a vehicle; and
  • RGTB the vehicle is on a place
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4
Q

S127 - SW to enter and search vehicles

A

You may:

  • Enter the place for the purpose of locating and searching the vehicle
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5
Q

S18(1) & (2) - Warrantless search for arms on a person (criteria)

A

RGTS person is carrying/in possession of/in control of, Arms; and

  • is in breach of the arms act including regulations; or
  • by reason of physical/mental condition (however caused) they;
    1. Are incapable of having proper control of the arms; or
    2. May kill/cause bodily injury to any person; or
  • protection order or PSO is in force against the person; or
  • grounds to apply for a protection order
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6
Q

S18(1) & (2) - Warrantless search for arms on a person (powers)

A

You may:

  • Search the person or anything in their possession/control (including vehicles)
  • Enter P/V to carry out the search
  • Seize and detain arms and firearms licences
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7
Q

S22 - Warrantless search of person for C.D/P.S if offence suspected against MODA.75 (criteria & power)

A
  • RGTB that person is in possession of a listed C.D/P.S; and
  • RGTS an offence against MODA.75 has/is/about to be committed in respect of that drug

You may:

  • Search the person
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8
Q

S27 - Searching people in public places without SW if offence against s202A(4)(a) CA.61 suspected (criteria & powers)

A
  • Public place; and
  • RGTS person in possession of knife, offensive weapon, or disabling substance without lawful authority or reasonable excuse

You may:

  • Search the person
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9
Q

S7 - Entry without warrant to arrest person UAL (criteria & power)

A
  • RGTS a person is UAL
  • RGTB the person is in/on the P/V

You may:

  • Enter and search the P/V to arrest the person
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10
Q

S18(3) - Warrantless search for arms in a P/V (criteria & powers)

A

RGTS there are arms in a P/V;

  • in respect of which a Cat 3/4 offence/ an offence against the AA83 has been/is/about to be committed; or
  • that may be EM in relation to a Cat 3/4 offence/offence against the AA83.

You may:

  • enter the P/V, search it, and seize and detain any arms and firearms licence found.
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11
Q

S20 - Warrantless searches of P/V in relation to MODA.75 (criteria & powers)

A
  • RGTB that a listed CD/PS is in or on P/V; and
  • RGBTS an offence against MODA has/is/about to be committed in respect of that drug; and
  • RGTB it is not practicable to obtain a warrant; and
  • RGTB EM relating to the offence will be CADD if entry and search is not carried out immediately.

You may:

  • enter and search the P/V for the CD/PS
  • search any person found in/on the P/V being searched (s21)
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12
Q

S28 - Stopping and searching vehicles without warrant if offence against s202A(4)(a) suspected (criteria & powers)

A
  • public place; and
  • RGTS a person travelling in a vehicle or who has alighted from it is committing the offence, “possession of a knife, OW, or disabling substance (without lawful authority or reasonable excuse)”; and
  • RGTS the vehicle contains a knife, OW, or disabling substance.

You may:

  • enter and search the vehicle for the knife, OW, or disabling substance.
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13
Q

S9 - Stopping vehicles to find persons UAL or who have committed certain offences (criteria & powers)

A

RGTB a person is in/on a vehicle; and

  • RGTS the person is UAL/COPBI

You may:

  • stop the vehicle to arrest the person.
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14
Q

S10 - Powers and duties of constable after vehicle stopped (under s9)

A
  • require any person in/on vehicle who you have RGTS is UAL/COPBI to provide details
  • search vehicle to locate the person and arrest the person referred (if you have RGTB they are still in/on the vehicle)
  • where the person has been arrested or seen (by you) fleeing the vehicle, you may search the vehicle for EM relating to the offence(s) they have been or were to be originally arrested for
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15
Q

S121 - Stopping vehicles with or without warrant for purposes of search (criteria & powers)

A
  • satisfied you (already) have a warrantless power to search the vehicle; or
  • satisfied that a search warrant is in force to search the vehicle

You may:

  • stop the vehicle to search it
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16
Q

S30 & S32 - Obtaining authorisation for warrantless road block and powers when implemented

A

An A/Sgt or above May authorise the establishment of a RB for the purpose of arresting a person, orally or in writing, where they have:

  • RGTS a person is UAL/COPBI; and
  • RGTB person is in/on vehicle; and
  • RGTS vehicle will travel past the place where the RB is to be established; and
  • satisfied that as far as reasonably practical, the safety of all road users will be ensured in the area of the RB

Any constable may:

  • establish the authorised RB
  • stop vehicles in the vicinity of the road block
  • require any person in/on vehicle who you have RGTS has COPBI to provide details
  • search vehicle to locate person the RB was authorised for (if RGTB the person is in/on vehicle)
17
Q

S110 - Search powers for P/V/T

A

Every SP authorises the person exercising it -

a) enter and search PVT and any item(s) found in that PVT at any time that is reasonable

b) request AP to assist with entry and search

c) use any force in respect of any property for purposes of carrying out search and seizure

d) seize anything that is subject of search or may be lawfully seized

e) bring equipment, use equipment found, or extract electricity for the purposes of carrying out entry and search

f) bring search dog

g) copy document that may be lawfully seized

h) access computer system or data storage device if any intangible material that is subject of search may be in that system/device

i) if intangible material accessed under (h) is subject of search or may be lawfully seized, to copy that material

j) take photos/sound and video recordings, and drawings of PVT being searched if RGTB these may be relevant to purposes of entry and search

18
Q

S116 - Securing P/V/T to be searched

A

Person carrying out search may:

  • secure PVT searched, or any thing found at that PVT
  • exclude/give reasonable direction to AP from the PVT if RGTB that person will obstruct/hinder the SP
19
Q

S118 - Powers of detention incidental to powers to search P/V

A

When exercising SP in relation to P/V, a constable may, for purposes of determining whether there is any connection between a person at the PVT, detain any person -

a) who is at the P, in/on the V at commencement of search

b) who arrives at the P/stops at/enters/tries to enter, the V while the search is being carried out

  • they may be detained for a reasonable period, but no longer than the search
  • reasonable force may be used
20
Q

S125 - Special rules about searching persons

A
  • RAN and provide evidence of ID
  • Detain to enable search
  • Use force
  • Use equipment (involves minimal contact and reasonable in circumstances)
  • Request assistance (medical or parents/guardian)
  • Strip search (request authorised enforcement officer and person of same sex to be searched)
  • Search anything worn/in physical possession/immediate control of that person
  • Seize anything carried/in physical possession/immediate control of that person
  • Copy document carried/in physical possession/immediate control of that person
  • Access computer system/storage device carried/in physical possession/immediate control of that person
  • Copy intangible material from computer system/storage device
  • Take photos, sound or video recordings, drawing of things carried/in physical possession/immediate control of that person if RGTB relevant to purposes of search
21
Q

S127 - Enter place to search for vehicles

A

If search warrant issued for vehicle and RGTB it is in place

You may:

  • Enter place to locate vehicle and search it
22
Q

S129 - Duty to provide information

A

If exercising power to stop vehicle, you must immediately after stopping vehicle:

a) ID yourself

b) State act and reason for search

c) Provide ID if not in uniform

23
Q

S131 - Identification and notice requirements for person exercising search power

A

A person exercising a SP must:

1)
a) announce and RAIN

b) provide copy of SW, or reason and act of warrantless power

2) does not have to comply with (1) if RGTB:
a) no person lawfully present

b) compliance with (1) would
- endanger safety of any person
- prejudice successful entry and SP
- prejudice ongoing investigations

3) May use reasonable force

4) if nobody present, must leave SW copy or if not practicable provide within 7 days

(5) notice must provide
- date/time of commencement/completion
- OC name/contact/address
- inventory list notice provided within 7 days after seizure

(6) persons not treated as occupier
- under 14
- person executing has RGTB a person is not occupier of place or person in charge of vehicle

AOS (9 decks)

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