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Flashcards in Search and Surveillance Act 2012 Deck (20):
0

What does Section 14 of the Search and Surveillance Act 2012 state?

If you have reasonable ground to suspect an offence is being committed or is about to be committed that would be likely to cause injury to any person OR serious damage to property OR there is a risk to the life or safety of any person that requires an emergency response... You enter the place of vehicle and take any action that you have reasonable ground to believe is necessary to prevent the offending from being committed or continuing OR to avert the emergency.

1

What does section 7 of the Search and Surveillance Act 2012 state?

If you have reasonable grounds to suspect that a person is unlawfully at large AND to believe that the person is in a place or vehicle you MAY enter the place or vehicle without warrant to search for and arrest that person.

2

What does Section 8 of the Search and Surveillance 2012 Act state?

If you have reasonable grounds to:
- Suspect that a person has committed an offence punishable by imprisonment for which they may be arrested without warrant AND BELIEVE that the person is in a place or vehicle AND BELIEVE that if entry is not effected immediately EITHER OR BOTH of the following MAY occur:
- The person will leave the place or vehicle to avoid arrest
- Evidential material relating to the offence for which the person is to be arrested will be CONCEALED, ALTERED, DAMAGED, DESTROYED
you may:
- Enter that place or vehicle without warrant
- search for and arrest the person you suspect has committed the offence.

3

What are you obligations under the Search and Surveillance Act 2012 if you intend to search someone?

Under Section 125 you must Inform them of:
(1) Your name or unique identifier
(2) the act you are searching them under
(3) the reason you intend to search them.

RAN

4

What are your obligations under the Search and Surveillance Act 2012 if you intend to enter and search a place or vehicle.

Under Section 131 you must inform them of:
(1) Your name or unique identifier
(2) The act you are searching them under
(3) Your intention to enter
(4) Your reason for entering and searching

RAIN

5

What powers does Section 110 of the Search and Surveillance Act 2012 give you?

- The power to use reasonable force on PROPERTY ONLY once inside the building or vehicle.
-The power seize anything that is the subject of the search or anything else that may be lawfully seized.
- Bring and use any equipment needed or use equipment that is already there, including a reasonable amount of electricity.

6

What are your obligations under Section 169 of the Search and Surveillance Act 2012?

When you use a warrantless power of search or surveillance you must complete an online report as soon as practicable. End of the shift.

7

What does section 28 of the Search and Surveillance Act 2012 state?

If you have reasonable grounds to suspect that a person traveling in a vehicle or who has exited from a vehicle is carrying an offensive weapon
AND
That the vehicle contains a knife,offensive weapon or disabling substance
You may without warrant search the vehicle.

8

What does section 27 of the Search and Surveillance Act 2012 state?

If you have reasonable grounds to suspect that a person is in possession of an offensive weapon
You may without warrant
Search that person.

9

What does section 29 of the Search and Surveillance Act 2012 state?

If you have reasonable grounds to believe that any stolen property is in or on a vehicle
You may
Search the vehicle without warrant.

10

What doe section 15 of the Search and Surveillance Act 2012 allow you to do?

If you have reasonable grounds to suspect that an offence punishable by imprisonment of 14 years or more:
- has been committed; or
- is being committed; or
- is about to be committed
AND you have reasonable grounds to believe that evidential material relating to the offence is in a place
AND if entry is delayed in order to obtain a search warrant the evidential material will be CONCEALED, ALTERED, DAMAGED or DESTROYED.
you may enter and search the place without a warrant.

11

What does section 16 or the Search and Surveillance Act 2012 state?

If a person is in a public place and you have reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment of 14 years or more
You may:
search that person without warrant.

12

What does Section 116 of the Search and Surveillance Act 2012 allow you to do?

If you are carrying out a search of a place, vehicle or other thing, you may in a reasonable manner and for a reasonable duration secure the place, vehicle or other thing.
If you believe that a person will obstruct or hinder any of the above powers you may exclude any person from the place vehicle or other thing.

13

What does section 118 of the Search and Surveillance Act 2012 state?

If you exercise a search power in relation to a place or vehicle AND you need to determine if there is any connection between a person at the place or in on on the vehicle and the object of the search, then you may:
Detain any person who
- is in that place or in or on the vehicle
- arrives at the place while the search is being conducted
- stops at, or enters, or tries to enter the vehicle while the search is being conducted.

14

What does section 119 of the Search and Surveillance Act 2012 state?

If you exercise a power of search in relation to a place or vehicle you may search any person:
- found at the place
- who arrives at the place
- who stops at, or enters, or tries to enter or get into or onto the vehicle
If either you have reasonable grounds to believe that evidential material that you are searching for is on the person
OR
You have reasonable grounds to suspect that the person has in their possession a dangerous item that poses a threat to safety and you believe that immediate action is needed to address that threat.

15

What does section 85 of the Search and Surveillance Act 2012 state?

You may carry out a rub-down search of a person when:
The person is arrested OR detained under a statutory power of detention
To ensure that the person is not carrying anything that may be used to:
- harm any person
- facilitate the persons escape

16

What doe section 88 of the Search and Surveillance Act 2012 state?

You may search a person pursuant to arrest or statutory detention if you have reasonable grounds to believe the person is carrying anything that:
Is evidential material relating to the offence in respect of which the arrest is made or the person is detained
OR
may be used to harm any person
OR
May be used to facilitate the persons escape.

17

What does section 17 of the Search and Surveillance Act 2012 state?

If a vehicle is in a public place and you have reasonable grounds to believe that evidential material relating to an offence punishable by imprisonment of 14 years or more is in or on a vehicle
You may:
Enter and search the vehicle without a warrant.

18

What does section 84 of the Search and Surveillance Act 2012 allow you to do?

If you have arrested a person and have reasonable grounds to believe that:
- evidential material relating to the offence for which the person has been arrested is in or on a vehicle
You may:
- enter and search that vehicle for the evidential material without a warrant ( whether or not the person arrested was with the vehicle).

19

What does section 83 of the Search and Surveillance Act 2012 allow you to do?

If you have arrested a person and have reasonable grounds to believe that:
- evidential material relating to the offence for which the person has been arrested is at a a place
AND
- if entry is delayed in order to obtain a search warrant, the evidential material will be CONCEALED, ALTERED, DAMAGED or DESTROYED.
You may:
Enter that place without a warrant to search for that evidential material (whether or not the person was arrested there).