Search and surveillance act 2012 Flashcards
S131
RAIN
The name of the enactment and the reason for the search
Announce your intention to enter and search under a statutory power
Identify yourself by name
What is section 215
RAN
Advise the person of the enactment under which the search is taking place and the reason for the search, Unless impracticable to do so.
Identify yourself by name
S110
Every search power authorises you to:
Use reasonable force in respect to any property for the purpose of carrying out the search
Seize anything that is the subject of the search or anything else that may lawfully be seized
S169
If you execute a warrantless; entry power, search power or surveillance power you must provide a written report as soon as practicable at the exercise of the power
S14
Warrantless entry to prevent offences or respond to risk to life or safety:
Reasonable grounds to suspect that in relation to a person or vehicle
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 or serious damage loss of , any property
OR
There is a risk to the life or safety of any person that requires emergency response
You may:
Take any action!!!
S7
Entry without warrant to arrest persons unlawfully at large:
- warrant to arrest
- escaped custody
- mental
If you have reasonable grounds to:
Suspect that a person is unlawfully at large
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
S8
Entry without warrant to avoid loss of offender or evidential material
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 the place or vehicle
Believe that if entry is not effected immediately, either or both 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
Alerted
Damaged
Destroyed
