Search and Surveillance Flashcards
(12 cards)
Section 20
Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
-Impractical to obtain warrant
- Enter place or vehicle
- Believe that in place/vehicle there is Class A, B, or C, or precursors
- Suspect offence against MODA75 has been/is being/will be committed
- Believe CADD
Section 21
Warrantless searches of people found in or on places or vehicles
- May search any person in place, or in/on vehicle if Section 20 power invoked
Section 22
Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
- RGTB possession of Class A, B, or C, or precursors
- RGTS offence against MODA75
- Does not limit S20 or 21
- No authority to enter place or vehicle except under S20 or 21
Section 27
Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected
- Search a person if RGTS they are in possession of a, knife, offensive weapon, or disabling substance
Section 28
Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected
- RGTS a person in a vehicle, or has alighted from it, is in possession of a knife, offensive weapon, or disabling substance
- RGTS vehicle contains a knife, offensive weapon, or disabling substance
Section 30
Obtaining authorisation for warrantless road block
- A senior constable may authorise a road block to arrest a person if:
- RGTB that a person is in/on a vehicle
- RGTS person has committed imprisonable offence or unlawfully at large
- RGTS vehicle will travel past the road block
- Satisfied that all road users’ safety will be ensured in area around road block.
- Authorisation may be oral or in writing
- Senior constable is a sergeant or higher (includes acting)
Section 32
Authorised road blocks implemented without warrant
A constable may do any or all when road block authorised under S30:
- Establish road block at authorised place
- Stop vehicles in vicinity
- Require any person who RGTS has committed an offence to provide name, address, DOB
- Search vehicle for purposes of locating person who has committed imprisonable offence or is unlawfully at large if RGTB in/on vehicle
Section 116
Securing place, vehicle, or other thing to be searched
A person carrying out a search may, in a manner and for a duration that is reasonable for the purposes of carrying out the search:
- Secure the place/vehicle/thing/any area in that place/vehicle/thing, or anything found in that place/vehicle/thing
- Exclude any person from that place/vehicle/thing, or give any reasonable direction to such person, if RGTB person will obstruct or hinder exercise of power under this subsection.
Must, at request of person affected by use of power:
- ID self by name or ID
- State name of enactment and reason for search under enactment (unless impracticable to do so under circumstances)
- Produce evidence of ID if not in uniform
Section 118
Powers of detention incidental to powers to search places and vehicles
If exercising a search power in relation to place/vehicle a constable may, for the purposes of determining whether there is any connection between a person at place/in or on vehicle that is object of the search, detain any person
- who is at the place/in or on the vehicle at the commencement of the search
- who arrives at the place, or stops at, enters, or tries to enter, the vehicle while the search is being carried out
- A person may be detained for a reasonable period of time, but no longer than the period of the search
- Detention commences when a constable directs a person to remain at the place or in/on the vehicle, and ends when person is told by constable they are free to leave the vehicle/place
-Reasonable force may be used may be used to effect/continue detention
Section 121
Stopping vehicles with or without warrant for purposes of search
Officer may stop a vehicle to conduct search under a search power w/out warrant if satisfied there are grounds to search the vehicle
Officer may stop a vehicle to conduct a search under a search warrant if satisfied a warrant exists to search the vehicle
When exercising power a constable must, on the request of any person affected, provide:
- Name/unique ID
- Name of enactment
- ID, if not in uniform
Section 127
Search warrants to enter and search vehicles
If a warrant exists for a vehicle, a constable may enter any place they have RGTB the vehicle is, for the purpose of locating and searching it
Section 129
Duty to provide information
If a vehicle is stopped using a search power the constable must immediately:
- ID themselves to driver, by name or unique ID
- State name of enactment
- Produce ID if not in uniform if requested by driver
