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Search And Surveillance Flashcards

(47 cards)

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1
Q

Unlawfully at large definition

A

Warrant for arrest is in force

UL at large within the meaning of the corrections act or parole act

Prison breaker under 119 of crimes act

Escape from lawful custody under 120 of crimes act

Special or restricted patient within mental health act who has escaped or failed to return

care or special care recipient within the intellectual disability act who has escaped or failed to return

Young person who is subject to order under 311 and has absconded from OT custody

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2
Q

Inevitable discovery

A

If evidence obtained as result of breach of BOR, and would have been obtained even if breach had not occurred, fact it would have been inevitably found is a factor when determining admissibility under balancing test in section 30 of evidence act. R v Williams 2007, not admissible as matter of course tho

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3
Q

Warrantless powers to search people

A

11- in custody and about to be locked up

16- found in public place for EM

18- for arm

21,22&23- for drugs

27- for knives and OW

85&88- for arrest or detention

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4
Q

110

A

Power to seize anything that is the subject of the search or anything else that may be lawfully seized

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5
Q

7

A

Entry to arrest person UL at large

Suspect
And
Believe in place or vehicle
Enter and search

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6
Q

8

A

Entry to avoid loss of offender or EM

Suspect imprisonable offence committed
And 
Believe in place or vehicular
And 
Believe if not immediate entry, person will leave or CADD EM
Enter and search

Note- not search unless arrested then search incidental to arrest under 83-88

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7
Q

14

A

Entry to prevent offence or respond to risk to life or safety

Suspect
Place or vehicle
Offence, is or about to be, cause injury or serious loss or damage
Or
Risk to life or safety of any person
Enter
Take action you have reasonable grounds to believe is necessary

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8
Q

15

A

Entry and search of places to find and avoid loss of EM

Suspect
Offence 14yr+ is or about to be committed
Believe
EM is in place
And
Entry delay to obtain warrant will mean CADD of EM
Enter and search

Power is about urgency. Once passed and scene secure, warrant should then be obtained. Consider 117 if securing not sufficient to preserve EM

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9
Q

16

A

Searching people in public places for EM

Believe
Person in PP in possession of EM relating to 14yr+ offence
Search

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10
Q

17

A

Entry and search of vehicles in a public place for EM

Believe
EM relating to 14yr+ offence is in or on vehicle in public place
Enter and search

Use 15 if vehicle not in public place

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11
Q

18

A

Arms in places or vehicles

Suspect
Arms in any place or vehicle
In respect of cat 3or4 offence or an offence against Arms Act, has, is, or about to be committed
Or
EM in relation to cat 3or4 offence or offence against arm act
May enter
Search
Seize and detain arms or licence found there

Sgt or above approval unless impracticable

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12
Q

28

A

Searching vehicles for offensive weapons

Suspect
Person travelling in vehicle or who has alighted from it is committing offence in public place against 202(4)(a)
And
Vehicle contains a knife, OW or disabling substance
Search

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13
Q

Disabling substance

A

Anaesthetising or other substance produced to use for disabling a person, or intended for such use by the person who has it with them

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14
Q

OW

A

Any article made or altered to use for causing bodily injury, or intended for such use by the person who has it with them

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15
Q

29

A

Warrantless search of vehicle for stolen property

Believe
Stolen property in or on vehicle
Search

Allows in public place, seek warrant or alternative warrantless if on private property

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16
Q

83

A

Entry and search of places after arrest

If arrested 
Believe 
EM relating to the offence is at a place
And 
If entry delayed to obtain warrant, CADD likely enter and search

Whether or not person arrested there or not

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17
Q

84

A

Entry and search of vehicles after arrest

If arrested
Believe
EM relating to offence for which arrested is in a vehicle
Enter and search

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18
Q

Consent search notes

A

Last option- SW or warrantless if can first

Must have reason to justify asking for consent search

Advise reason and can withdraw consent anytime

Under 14 can not consent to search of place, vehicle unless driver and no over 14 present

Exceptions
Search conducted as a condition of entry to any public or private place
Search under a power conferred by an enactment
Entry to property under an implied licence

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19
Q

92

Study These Flashcards
A

Purposes for which consent search may be undertaken

Prevent commission of offence
Protect life or property or prevent
Investigate whether offence committed
Any purpose in respect of which you could exercise a power of search conferred by an enactment if you held a particular belief of suspicion specified in the enactment

20
Q

93

Study These Flashcards
A

Advice before consent search

Determine search is for a purpose -92
Advise person of reason and that they may consent or refuse to consent

Good practice is to identify self as well

21
Q

94

Study These Flashcards
A

When search by consent is unlawful

Not for 92 purpose
Fail to give 93 advice
Person does not have authority to give consent

22
Q

95

Study These Flashcards
A

Restrictions in persons under 14 giving consent

Can’t for place, vehicle or other thing unless found driving a vehicle and no other over 14 for consent.

Does not restrict them giving consent to search of themselves or anything in their immediate possession or control

23
Q

What search powers authorise

Study These Flashcards
A

Reasonable force in respect of property to search and lawful seizure

Seize

Bring and use equipment and use any equipment found. Also electricity to operate equipment that is reasonable in the circumstances

Use trained dog

Copy documents

Access a computer system or other storage device

Copy intangible material

Take photos and recordings

24
Q

113

Study These Flashcards
A

Using assistance during search

Accompany you when first enter
Provide reasonable supervision

Their powers include to enter and can only do other things when directed by you

This does not include other constables assisting

25
117
Power to secure scenes when SW is about to be applied for Enter and secure place, vehicle, other thing And Secure anything found And Direct any person to assist with entry and securing If believe EM may be CADD before decision on SW application made Expires after 6 hours from when exercised or Once warrant is available for execution or SW application refused Whichever is first...
26
118
Powers of detention incidental to searches of places and vehicles When search power in relation to place or vehicle May detain any person to determine connection If there from start of search Arrives or enter or tried to during search Reasonable force to effect Detain for reasonable period but not for longer than search duration Must take active steps to determine if connection so freed ASAP if cleared of suspicion
27
119
Powers to search persons at a place or vehicle May search if Found at or in place or vehicle Arrives Stops at or enters, tries too If have reasonable grounds to believe EM that is object if search is on that person Or Suspect person is in possession of dangerous item which poses threat to safety and you believe immediate action needed Use 19 or 21 instead if drug related
28
120
Powers of search when suspect pursued If intend to search person or vehicular but either leaves before able to start or complete Apprehend Enter place to apprehend person or vehicle If have Been freshly pursuing person from location And Reasonable grounds to believe relevant EM still on person or in vehicle Fresh pursuer only person to undertake search unless acting as that officers assistant under 113 and under their direct supervision and control
29
127
SW to enter and search vehicles If SW authorises the search and entry of vehicle May enter any place if have reasonable grounds to believe is there
30
131
ID and announcing entry Intention and stat power being used ID Copy of SW if not warrantless Do not need to announce or ID if reasonable grounds to believe No person lawfully present Compliance would endanger safety of another, prejudice the successful exercise of the entry and search power or prejudice ongoing investigations
31
112
Items of uncertain status If not sure if can be lawfully seizes and not reasonably practicable to determine where search takes places, may remove for exam or analysis to determine whether it may be lawfully seized Removal power limited to item search actually for. I.e white powder and looking for cocaine. Not a tv that may be stolen when looking for cannabis
32
123
Seizure of items in plain view Observations while searching result in reasonable grounds to believe you could have seized the item u der Any SW obtained or Any other search power exercisable
33
Stopping vehicles S&S vs LTA
S&S to stop and move vehicles and to establish road blocks for the purpose of search and or to effect arrest LTA powers not to be used for purpose of search
34
Curtilage
An area attached to a dwelling house and forming one enclosure with it. In an urban area it would include the area within a dwelling fenced boundary
35
121
Stopping vehicles with or without warrant to search Warrantless if satisfied grounds exist to search the vehicle Warrant if satisfied has been issued and is in force
36
122
Moving vehicle for purpose of search or safekeeping May move to another place if find or stop the vehicle and Lawful authority to search but impracticable at that place Or Believe necessary to move the vehicle for safekeeping
37
128
Duty to remain stopped May require to remain stopped as long as reasonably necessary for the exercise of any powers in respect of The vehicle Or The occupants
38
129
Duty to provide info to vehicles driver Immediately after stopping must Identify self State name of enactment under which search taking place and reason for unless impracticable ID shown if not in uniform
39
9
Stopping vehicles without warrant to effect arrest ``` Suspect UL at large Or Committed imprisonable offence And Believe person in or on vehicle ```
40
10
Powers and duties under 9 vehicle stop Person who suspect UL at large or committed offence, require to supply name, address and other contact details Search vehicle if believe they are in Search vehicle that is EM in relation to offence if person arrested or is seen fleeing from vehicle before can be arrested Must tell driver object of search first
41
30
Obtaining authorisation for a warrantless road block If hold rank of sgt or higher or acting in that rank Believe that in vehicle is a person who suspect Had committed imprisonable offence Or UL at large And Suspect vehicle will travel past the place where proposed road block is to be established Must be satisfied safety of all road users will be ensured
42
31
Duration and record of warrantless road block authorisation Initial foetid not exceeding 24hours And May be renews from time to time by a DC judge for single period up to 24hr If authorise, must keep written record of Location Period for and grounds for authorisation
43
32
Powers under road block Establish at specified place Stop vehicles Require particulars of persons suspect has committed offence Search for person who is UL at large or committed offence if believe in vehicle
44
27
Warrantless search of people for OW | Suspect Committing offence against 202(4)(a) of crimes act Possession of knife, OW and disabling substances
45
Searches of arrested or detained
Rub down 85-87. 85 to ensure nothing that will harm or facilitate escape 87- may include visual exam in run down and use instrument but must not insert any instrument Warrantless under 88- if believe EM, harm or facilitate escape. EM could be swabs, blood, residue etc 11 - search if person who has been taken into lawful custody at station or other premises or vehicle being used for police purposes And Is, or is to be, locked up After locked up, can only be searched if Not searched before Or Suspect been near another person not her locked up or another eligible to be searched but wasn’t Or Believe in possession that may be used to harm
46
R v Williams 2007
Court of appeal confirmed that the concepts of lawfulness and unreasonableness were distinct. Searches that are lawful may nevertheless be unreasonable taking in to account the manner, time and place of the search
47
Kearns and McRae be Police 2017
Kearns- relates to pocket knife being seen and search invoked. Should have asked first as may be reasonable excuse for having it McRae- similar search but after machete seen. Deemed by high court that could have asked for reason first but reason would not have been reasonable so therefore search still admissible

CPK (9 decks)

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