Search Flashcards
(32 cards)
What is the purpose of the Search and Surveillance Act?
- Modernizing the law to take into account advances in technologies.
- Providing rules that recognise the importance of the rights of people
- Ensuring investigative tools are effective and adequate for law enforcement needs.
Define RGTS and RGTB
RGTS = having a sound basis for suspecting that a situation or circumstance exists.
RGTB = having a sound basis for believing that a situation or circumstance actually exists.
Define a lawful search.
Under the Search and Surveillance Act a lawful search is a search that is conducted:
- With a search warrant.
- Under a warrantless search power.
- With a person’s consent.
Define reasonable search.
Under the Search and Surveillance Act a reasonable search is a search that:
- Complies with s21 of the BORA and considers factors such as:
– The nature of the search.
– How intrusive the search is.
– Where and when the search takes place.
What are some of the things you should be considering when deciding that you have RGTB it is not practicable to apply for a SW?
- Is there time to gain approval and apply for a search warrant?
- Can the scene be secured under s117?
- Are reasonable resources (including number of staff) available to minimise risk and ensure safety?
- Is the evidential material at risk of CADD?
- The location of the search and who may be present.
Record these decisions in your notebook as part of your decision log.
If it is not practicable in the circumstances to apply for a search warrant, there may be two other options available to you. List those options.
- Search using a warantless search power.
- Search by consent.
Why use a search warrant?
- Ensures judicial oversight.
- Provides greater protection for Police and the public.
- Requires recording and reporting of results.
List the circumstances for carrying out a consent search
- To prevent the comission of an offence.
- To investigate whether an offence has been committed.
- To protect life or property.
- To prevent injury or harm.
Before conducting a search by consent, what must you advise the person from whom consent is sought?
- Of the reason for the search, and;
- They may consent or refuse to consent to the search, and;
- They may withdraw consent at any time.
Who cannot consent to a consent search under s92?
- A person under 14 years old is unable to consent to the search of a place, vehicle or other thing
- (unless they are found driving with no passenger of or over 14 years of age, with authority to consent to the vehicle search).
Define evidential material.
Evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.
Define tangible and intangible.
Tangible: something that may be touched.
e.g. stolen property
Intangible: unable to be touched, not having a physical presence.
e.g. an email address or online storage
Define CADD and provide an example for each.
Concealed: burying or hiding items in another place or removing them.
Altered: changing or removing serial numbers from stolen property in an attempt to disguise it.
Damaged: cutting out the firewall of a stolen car to remove an identifying feature.
Destroyed: consuming food, alcohol, drugs or burning clothing.
What four words describe S131 obligations?
- Identification
- Intention
- Reason
- Notice requirements
When searching a place, vehicle or thing, list your obligations set out under s131.
You obligations cover: identification, intention, reason and notice requirements.
Whereby before initial entry you must:
- Identify yourself by name or unique identifier and if not in uniform produce ID.
- Announce your intention to enter and search.
- State the name of the Act.
- Give notice by providing a copy of the search warrant.
- Remember that when you have detained a person for the purpose of a search you must caution them.
What are the three other requirements of using a warrantless search power besides RAIN?
- Provide a warrantless search notice to occupier (pol 1275) and provide an inventory of items seized.
- Report your use of certain powers (S169).
- Consider privilege.
List the four exceptions to identification and notice.
If you have RGTB :
1. That no one is present.
If you have RGTB that complying would:
2. Endanger the person’s safety.
3. Prejudice the successful use of the entry and search power.
4. Prejudice the on-going investigations.
When can you use reasonable force to enter?
- If a person refuses entry or does not allow entry within a reasonable time.
- If you have RGTB that no one is lawfully present.
What must you leave at the address if no one is present?
If the occupier is not present you must leave a copy of the SW or pol 1275 and an inventory of any material seized.
This must be done as soon as possible after the search and must be provided within 7 days of completion of the search.
What does s110 of the S+S Act authorise you to do when searching with or without a warrant?
s110 Authorises you to:
- Enter and search the P, V or T, that you are authorised to enter or search.
- Search any item or items found in that P, V or T (at any time that is reasonable).
- Use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure.
- Seize anything that is the subject or anything else that may be lawfully seized.
- Request assistance with entry and search.
- Bring and use any equipment found on the P, V or T.
- Bring and use a trained law enforcement dog and its handler.
- Copy any document, or part of a document, that may be lawfully seized.
- Access a computer system or other data storage device.
- Copy intangible material, eg computer data.
- Take photographs, sound and video recordings and drawings.
Section 116
- Secure a place, vehicle or other thing to be searched and;
- Exclude any person from there and Give any reasonable direction to that person if you believe that person will hinder the search
Section 117
- If an application for a search warrant is about to be made or has been made and you are waiting to hear if it has been authorised, and;
- you have RGTB that evidential material may be CADD or removed before the search warrant can be issued
You may:
- Enter and secure a place, vehicle or other thing at any time that is reasonable in the circumstances, and
- Secure any item found there, and
- Direct any person to assist with entry and securing the place or vehicle or securing items in it.
Section 118
You can detain people when searching places and vehicles for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search.
Section 119
You can search people found when searching places and vehicles if you have
- RGTB that evidential material that is the object of the search is on that person; or
- RGTS they are in possession of a dangerous item that poses a threat to safety and you believe that immediate action is needed to address that threat (return the item after the search if there is no offence).
