Search and Surveillance

Question 1

Section 7

Answer 1

Entry without warrant to arrest person unlawfully at large

if you have
RGTS a person is unlawfully at large

and

RGTB that the person is in a place or vehicle

you may enter the place or vehicle without warrant to search for and arrest the person

Question 2

Section 8

Answer 2

Entry without warrant to avoid loss of offender or evidential material

enter place or vehicle, to search for an arrest a suspect, to avoid loss of offender or CADD

Question 3

Section 15

Answer 3

14+ offences

Enter and search a place, offence (has/is/about) committed, if RGTB CADD will occur

Question 4

Section 16

Answer 4

14+ offences

Search a person in a public place, if RGTB person has evidence

Question 5

Section 17

Answer 5

14+ offences

Search a vehicle in a public place, if RGTB vehicle contains evidence

Question 6

Section 18

Answer 6

Firearms

Search person and things (incl vehicle) under their control, enter place or vehicle, to search for and seize arms/licence

Question 7

Section 20

Answer 7

Drugs

Warrantless search of places and vehicles in relation to MODA.

Enter and search place or vehicle, only when s/w impracticable and GTB CADD will occur

Question 8

Section 21

Answer 8

Search person in place or vehicle, while conducting a s 20 search

Question 9

Section 22

Answer 9

Search a person in public place if RGTB drugs/precursors

Question 10

Section 27

Answer 10

Search person, public place, RGTS offensive weapon

Question 11

Section 28

Answer 11

Enter and search vehicle, public place and RGTS offensive weapson

Question 12

Section 9

Answer 12

Stop vehicle, to arrest a person unlawfully at large or who has committed an offence punishable by imprisonment. RGTB that the person is in the vehicle

Question 13

Section 10

Answer 13

Power and duties of Constable after vehicle stop

RGTS a person is unlawfully at large or has commiteed an offence punishable by imprisonment

RGTB the person is in or on the vehicle

requires person suspected to supply all or any details
search the vehicle for the person
search the vehicle for evidential material in relation to the offence the vehicle was stopped for

Question 14

Section 83

Answer 14

If you have arrested person for an offence

RGTB - evidential material relating to the offence is at a place AND
- that the evidential material will be destroyed, concealed, altered or damaged if entry to that place is delayed to obtain a warrant

Enter the place

Search the place for evidential material relating to the offence (whether or not the person was arrested there)

Question 15

Section 84

Answer 15

If you have arrested a person for an offence

RGTB - evidential material relating to the offence for which the person was arrested is in or on a vehicle

Enter the vehicle

Search the vehicle

ONLY IN A PUBLIC PLACE

Question 16

Section 112

Answer 16

If you are exercising a search power

You are uncertain - whether any items found may lawfully be seized AND
- it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search takes place

Question 17

Section 117

Answer 17

The following circumstances must exist

• a search warrant is about to be made OR
• has been made OR
• has not yet been gratned or refused by an issuing officer AND
• the officer is present at the place or vehicle that is or is to be the subject of the application

RGTB - evidential material may be destroyed, concealed, altered, damaged or removed before a decision is taken to grant or refuse the issue of a search warrant

ENTER
SECURE - the place
SECURE - any item
DIRECT

Question 18

Section 121

Answer 18

Stopping vehicles with or without warrant for purposes of search

Question 19

Section 123

Answer 19

Seizure of items in plain view

Question 20

Section 45 - Surveillance

Answer 20

Restrictions on some trespass surveillance and use of interception drive

Question 21

Section 46 - Surveillance

Answer 21

Activities for which surveillance device warrant required

Question 22

Section 47 - Surveillance

Answer 22

Some activities that do not require warrant under this subpart

Question 23

Section 48 - Surveillance

Answer 23

Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency