Search and Surveillance Act 2012

Question 1

Evidential Material definition

Answer 1

Evidence of the offence (tangible or intangible) or any item relevant to the investigation of the offence.

Question 2

3 types of search (to be lawful)

Answer 2

*Warrantless power
*Search warrant
*Consent

Question 3

Unlawfully at Large definition

Answer 3

*Has an arrest warrant
*Has escaped from prison, or absent without leave
*Has escaped lawful custody
*Special care recipient and has escaped/failed to return from leave
*Young person who escapes CYF custody

Question 4

Sec.7 SASA 2012 (Warrantless)
Entry to arrest person unlawfully at large

Answer 4

*RGTS
*Person unlawfully at large; AND
*RGTB person in place or vehicle
*May enter to search for and arrest person

Question 5

Sec.14 SASA 2012 (warrantless)
Emergency Powers to ENTER

Answer 5

*RGTS
*Offence being/about to be committed
*Likely to cause injury/serious loss/damage to property; or
*Risk to life/safety of any person requiring emergency response
*May
- Enter place/vehicle
- To prevent offending/avert emergency

Note - Sec.14 is a power of ENTRY, not search

Question 6

Sec.15 SASA 2012 (warrantless)
Entry and Search to avoid loss of evidential material

Answer 6

*RGTS
*Offence 14 years + imprisonment
*Has, is, or about to be committed; AND
*RGTB EM re. offence is in that place; AND
*Entry delayed to obtain s/warrant EM will be CADD

Note - Sec.15 is about urgency

Question 7

Can a person UNDER 14 years consent to a search of a place, vehicle, thing?

Answer 7

No. Only if found driving a vehicle without a passenger of/over 14 years.

Note - U/14 can consent to search of themselves or anything in their possession/control

Question 8

Consent search - Key points

Answer 8

*Must have reason to justify consent
*Must advise person of reason
*Person can withdraw consent at any time

Question 9

Sec.16 SASA 2012 (warrantless)
Search person in public place (for evidential material)

Answer 9

*RGTB
*Person in public place
*In possession of EM re. offence 14 years + imprisonment

Question 10

Sec.17 SASA 2012
Enter and search vehicles in public place (for evidential material)

Answer 10

*RGTB
*EM re offence 14 years +
*Is in/on vehicle in a public place
*May enter and search vehicle without warrant

Question 11

Sec.18(1) SASA 2012 (warrantless)
Firearms in any place or vehicle

Answer 11

*RGTS
*1 or more circumstances in 18(2) exist
*May enter place/vehicle
*to search, seize and detain any firearms or licence

*(3) includes EM re. offence against Arms Act

Question 12

Sec.18(2) SASA 2012 (warrantless)
Circumstances for person carrying, in possession or control of firearms

Answer 12

(a) Breach of Arms Act 1983; or
(b) Because of physical/mental condition
- is incapable of proper control; or
- may kill or cause bodily injury to any person; or
(c) Protection Order of PSO in place; or
- grounds exist to apply for Protection Order

Question 13

Sec.27 SASA 2012 (warrantless)
Search person for offensive weapon

Answer 13

*RGTS
*Person in a public place
*Is committing offence against Sec.202A(4)(a) CA61
*May search the person

Note - includes knife, offensive weapon, or disabling substance

Question 14

Sec.28 SASA 2012 (warrantless)
Search vehicle for offensive weapon

Answer 14

*RGTS
*Person in a vehicle/alighted from it
*Is committing offence in public place against Sec.202A(4)(a) CA61; and
*Vehicle contains knife, offensive weapon, or disabling substance
*May enter and search vehicle

Note - Sec 27 applies to searching person in public for offensive weapon

Question 15

Sec.29 SASA 2012 (warrantless)
Search vehicle for stolen property

Answer 15

*RGTB
*Stolen property
*In/on vehicle
*In public place
*May enter and search vehicle

Question 16

Offensive Weapon definition

Answer 16

Any article made/altered to use for causing bodily injury, or
Intended for such use by person who has it

Question 17

Sec.117 SASA 2012
Search warrant pending

Answer 17

*If warrant application about to be made; or
*Has been made, but not yet granted/refused; AND
*RGTB EM will be CADDR if entry delayed
*May enter and secure place, vehicle, thing

Note - expires within 6 hours of exercising power, or warrant granted, or refused

Question 18

Sec.118 SASA 2012
Power of Detention

Answer 18

*If exercising search power re place/vehicle
*May detain any person
*To determine if connection between them and object of search

Note - may be detained for reasonable period to determine if a connection between them and the search

Question 19

Sec.119 SASA 2012
Power to search person at place or vehicle

Answer 19

*May search any person at place or vehicle; or
*Who arrives at place, tries to enter vehicle
*If RGTB evidential material re search is on that person; or
*RGTS person in possession of dangerious item that poses threat and you believe immediate action necessary

Note - exception is when searching place/vehicle for drugs, may search any person at the scene as a matter of course

Question 20

Exceptions to announcing entry and giving reasons for search

Answer 20

*No person present in place/vehicle to be searched
*Endanger the safety of any person
*Prejudice ongoing investigation

Question 21

Is SRBA alone classed as ‘in uniform’?

Answer 21

No. Must also produce ID and inform occupants name, rank etc.

Question 22

Sec.112 SASA 2012
Items of Uncertain Status

Answer 22

*When exercising a search power
*May seize item for examination to determine whether it may be seized lawfully

Note - this is a removal power to determine if the item found is the actual item you are searching for

Question 23

Sec.123 SASA 2012
Items in Plain View

Answer 23

*When exercising a search power; or
*lawfully in any place/vehicle; or
*searching any person; may
*Seize any item found if RGTB could have seized item with warrant/any other search power

Question 24

Sec.131-133 SASA 2012
Written notices when exercising search power

Answer 24

*Must give/leave a copy of the warrant to/for the owner/occupier
*If warrantless search a copy of Notice to person present
*As soon as practicable, within 7 days, inventory of items seized

Note - exceptions include endanger the safety of any person, prejudice ongoing investigation

Question 25

Sec.121 SASA 2012 Stopping Vehicles to search With or Without warrant

Answer 25

With warrant - if warrant issued and in force Without warrant - if satisfied reasonable grounds exist to search with warrantless search power Must - ID self/produce ID if not in uniform - state enactment and reason for search

Question 26

Sec.122 SASA 2012 Moving vehicle for search or safekeeping

Answer 26

*May move a vehicle for searching or safekeeping; IF *Have lawful authority to search, but impractical to do so at that place; or *RGTB necessary to move vehicle for safekeeping

Question 27

Sec.128 SASA 2012 Duty to remain stopped

Answer 27

*May require vehicle to remain stopped *For as long as reasonably necessary *For exercise of any powers in respect of -the vehicle, or occupants

Question 28

Sec.129 SASA 2012 What must you do immediately after stopping a vehicle?

Answer 28

*ID self to driver *Produce ID if not in uniform *State enactment and reason for search (unless impractical) Note - unlawfully at large includes - warrant to arrest - escaped lawful custody - mental health patient absent without leave

Question 29

Sec.9 SASA 2012 Stopping Vehicles without warrant to arrest

Answer 29

*RGTS person unlawfully at large, or committed imprisonable offence; AND *RGTB person in vehicle; *May stop and search vehicle for that person

Question 30

Sec.30 SASA 2012 Establishing a road block to stop vehicle to arrest person (warrantless)

Answer 30

*Senior Constable (Sgt or above) may est. roadblock if: *RGTB person in a vehicle; and *RGTS person - has committed imprisonable offence; or - unlawfully at large; AND *suspect vehicle will travel past proposed roadblock; AND *satisfied safety of all road users will be ensured

Question 31

Sec.30 SASA 2012 Who is authorised to establish a road block?

Answer 31

Sergeant or above

Question 32

What must you do if you authorise a road block?

Answer 32

Keep a written record of - location - period for and grounds on which authorisation granted/renewed

Question 33

Sec.32 SASA 2012 What may any constable do once a road block is authorised?

Answer 33

- Establish road block - Stop vehicles - Require particulars of any person in/on vehicle - Search vehicle for person who is u/l at large or committed imprisonable offence (Sec.30) Note - may require vehicle to remain stopped for as long as reasonably necessary (Sec.128)

Question 34

How long is a road block authorised for?

Answer 34

*valid initially for period not exceeding 24 hours *renewed in writing by DC Judge for further period of 24 hours

Question 35

Who should you obtain permission from before searching a person for firearms (SASA 2012/Family Violence Act 2018)?

Answer 35

A Sergeant or above *unless impractical in the circumstances Note - possession also includes firearms under the persons control at some other location

Question 36

Sec.11 SASA 2012 (persons in Police Custody) What is the primary purpose of this search?

Answer 36

To protect the detained person *from items that may harm them; *and to protect their property; Note - this is not a search to seize evidential material

Question 37

Sec.88 SASA 2012 (warrantless) External search of arrested or detained person

Answer 37

*May search person arrested/detained IF *RGTB *Any thing on/carried by them may be - used to HARM any person - used to FACILITATE ESCAPE - EVIDENTIAL MATERIAL relating to offence for which detained Note - this relates to an External search of a person's body; AND - if person does not consent, use of force may render search unreasonable

Question 38

Who may authorise an external search of an arrested or detained person under Sec.88 SASA 2012 (warrantless)?

Answer 38

Sergeant or above.

Question 39

When exercising a power to search a person, can you take photographs or video?

Answer 39

Yes, if RGTB the photographs/video may be relevant to the purpose of the search.