Search And Surveillance

Question 1

Section 125

Answer 1

Special rules about searching persons

Question 2

Section 85

Answer 2

Rub down after arrest or detainment

Question 3

Section 86

Answer 3

Things you can do to facilitate a rub down

Request to remove, raise, lower, open any outer clothing or head covering, gloves or footwear

Items of clothes can be searched separately

You can also search any items carried by or in possession of at the time of search

Question 4

Section 87

Answer 4

Visual exam of mouth nose and ears

Cannot insert any instrument or device into any orifice

You may illuminate or magnify

Question 5

Section 88

Answer 5

Rub down after a rest or detainment

Search for items which may harm or facilitate escape or for evidential material relating to the offence for which they were stopped

Seize anything that may be lawfully seized

Question 6

Section 11

Answer 6

Custody search

If the offender is to be locked up at a police station or other police premises or in a police vehicle

If they are already locked up and they haven’t been searched

Or they have been close to another person who hasn’t been searched

Or they have been close to another person who is not in police custody

Question 7

Section 13

Answer 7

Property

Money or items must be returned when the person is released unless it is to be used as evidence or would be an offence to return the item

A property must transfer with the Prisoner

Question 8

Section 169

Answer 8

If you use a warrant was entry power or surge power or surveillance power, you must provide a written report as soon as practicable after the exercise of the power.

This is done online

You do not have to provide a report for rub down searches under section 85 and 88 or section 11 or consent searches or when using an entry power that doesn’t have power of search.

Question 9

Section 131

Answer 9

Rules about searching places and vehicles and identifying yourself

This section specifies use of NAIR unless a warrant is provided or the person isn’t present.

you must leave a copy of the warrant and POL form within 7 days if it’s not practicable when the search is conducted.

Question 10

Section 110

Answer 10

Powers incidental to the search

Enter and search
Request assistance from any person
Use reasonable force on Property Only
Seize
Bring and use equipment and trained dog
Copy documents or intangible material
Take reasonable measures to access computers
Take photos, sketches, sound and video recordings

Question 11

Section 14

Answer 11

Emergency powers
( Not a search power)

If there is reasonable grounds to believe and offence is being committed that may injure or seriously damage or result in loss to property,
or risk to life of any person,
You may enter and take any action to prevent the offending or to avert the emergency.

Question 12

Section 7

Answer 12

Arrest of person unlawfully at large

If you suspect a person to be a unlawfully at large all believe a person is in a place or a vehicle you may enter to search for the person

This includes escapees, warrant for arrest, youth custodial, but NOT breach of bail.

Question 13

Section 8

Answer 13

Entry to avoid loss of offender or evidential material

If you suspect someone of committing and imprisonable offence or believe a person is in a place or vehicle , or believe they will leave to avoid arrest or they will conceal, alter, damage or destroy evidential material , you may enter to search for the person only, NOT evidential material.

Question 14

Section 83

Answer 14

Entry without warrant after an arrest

When searching for evidence in a place once an arrest has been made
Only the arresting officer or the team can do the search
It doesn’t need to be the place the person was arrested
Only if you are searching for evidential material relating to the offence and there is a risk of CADD.
This includes any vehicle at the place

Question 15

Section 84

Answer 15

Warrantless entry and search of vehicles after arrest (in a public place)

If you believe that is evidential material relating to the offence in or on the vehicle
You may search the vehicle even if the person wasn’t with the vehicle

Question 16

Section 123

Answer 16

Seizure of items in plain view

When searching a place or a person or if you are in or on a vehicle you may see any item you find in the course of carrying out a search or as a result of observations at that place.

Question 17

Section 29

Answer 17

Search of vehicles for stolen property (in a public place only)

If you believe stolen property is in or on the vehicle.

Question 18

Section 18

Answer 18

Warrantless searches associated with arms (includes ammunition)

Question 19

Section 20

Answer 19

Warrantless search of a place or a vehicle for drugs

Question 20

Section 22

Answer 20

Warrantless search of people for drugs

section 125 will apply

Question 21

Section 21

Answer 21

Warrantless search of people found in or on places or vehicles while conducting a section 20 search

Detain, search and seize according to section 125

Question 22

Section 9

Answer 22

Stopping a vehicle to a arrest a person if they are unlawfully at large or have committed an imprisonable offence

Question 23

Section 10

Answer 23

Once a section 9 stop is made, section 10 allows for the search of the vehicle for the target person

You may demand the details from the target only

You may search for vehicle for evidential material if the target is arrested or the target flees from the vehicle

Question 24

Section 121

Answer 24

This is a stopping power only.

You may stop without warrant or with warrant.

You may then invoke another section to complete a search.

( do not confuse with LTA s114 which is stopping power for traffic offences only)

Question 25

Section 30

Answer 25

Obtaining authorisation for roadblock.

This must come from a Senior Constable of the rank of Sergeant or acting Sergeant or above.

Question 26

Section 32

Answer 26

The implementation of roadblocks once authorised.

It is used to stop for arrest

You may search vehicles for suspects and require details of any suspect if reasonable grounds to suspect

Question 27

Section 122

Answer 27

Moving vehicles if it’s impractical to search them where they are or for safekeeping

Question 28

Section 128

Answer 28

Duty for the vehicle to remain stopped

Question 29

Section 15

Answer 29

Entry without warrant to find or avoid loss of evidential material relating to offences which have 14 years imprisonment

Question 30

Section 16

Answer 30

Searching people in public places without warrant for evidential material for offences with 14 years imprisonment

Question 31

Section 17

Answer 31

Warrantless entry and search of a vehicle for evidential material for offences with 14 years imprisonment

Question 32

Section 27

Answer 32

Warrantless search of a person in a public place if they have committed an offence against 202 a and are suspected of possessing a knife or offensive weapon