Search and Surveillance Act 2012

Question 1

Enter a Place or Vehicle, to search for and arrest a person who is unlawfully at large.

Answer 1

Section 7

Question 2

Enter a Place or Vehicle, to search for and arrest a suspect, to avoid loss of offender or avoid CADD.

Answer 2

Section 8

Question 3

Enter a Place or Vehicle and take any action, to prevent offence (injury or serious damage ) or as emergency response if risk to life or safety. (on fire)

Answer 3

Section 14

Question 4

Person or Vehicle leaves before search completed, may enter place to apprehend person or vehicle, if person freshly pursued and RGTB there is evidence.

Answer 4

Section 120

Question 5

14 yrs plus offences = Enter and Search place, offence (has is or about) committed, RGTB CADD will occur

Answer 5

Section 15

Question 6

14 yrs plus offences = Search person in public place if RGTB person has evidence.

Answer 6

Section 16

Question 7

Search vehicle in a public place if RGTB the vehicle has evidence.

Answer 7

Section 17

Question 8

Firearms - Search person and things (including vehicles) under their control, enter place or vehicle, to search for and seize arms/licence.

Answer 8

Section 18

Question 9

Drugs / Precursors - Enter and search place or vehicle, only when a search warrant is impracticable and RGTB CADD will ocurr.

Answer 9

Section 20

Question 10

Drugs / Precursors - Search person in public place or vehicle while conducting section 20 search.

Answer 10

Section 21

Question 11

Search person in public place if RGTB drugs or precursors

Answer 11

Section 22

Question 12

Offensive weapons - Search person, public place if RGTS offensive weapons.

Answer 12

Section 27

Question 13

Enter and search vehicle, public place if RGTS offensive weapons.

Answer 13

Section 28

Question 14

Stolen property - Enter and search vehicle, public place, if RGTB _______ property.

Answer 14

Section 29

Stolen porperty

Question 15

Stopping vehicle - stop vehicle to arrest a person unlawfully at large or who has committed an offence punishable by __________.

Answer 15

Section 9

punishable by imprisonment

Question 16

Stopping vehicle - Acting ________ or above may authorise road block for the purpose of arresting a person unlawfully at large or who is committed offence punishable by imprisonment.

Answer 16

Section 30

Acting sergeant or above

Question 17

Stopping vehicle - If roadblock is authorised - stop vehicles require details if RGTS an offence, search vehicle if RGTB _______ is in the vehicle.

Answer 17

Section 32

RGTB person is in the vehicle.

Question 18

Stopping vehicle - Power to stop a vehicle, to search it with or without a _________.

Answer 18

Section 121

With or without a warrant.

Question 19

SPECIAL RULES WHEN SEARCHING A PERSON:
When exercising a right to search a person you must state:
-\_\_\_\_\_\_\_ for the search.
-State the \_\_\_\_\_\_. 
- Identify yourself by \_\_\_\_\_\_.
-If not in \_\_\_\_\_\_\_\_ produce evidence of identity. 
-\_\_\_\_\_\_ the person for the search.
Promptly \_\_\_\_\_\_\_\_ an inventory.

Answer 19

Section 125

Reason for the search
State the Act
Identify yourself by name
If not in uniform, produce evidence of identity.
Detain the person for the search.
Promptly provide an inventory

Question 20

IDENTIFICATION AND NOTICE REQUIREMENTS:
When exercising a power to search a place, vehicle or thing you must:
- ______ for the search.
-State the _______.
-Identify yourself by ______.
-If not in ________ produce evidence of identity.
-Use reasonable ______, to enter and search.
-Promptly ________ an inventory of items seized.
- Provide written ________.

Answer 20

Section 131

• Reason for the search.
• State the Act.
• Identify yourself by name.
• If not in uniform produce evidence of identity.
• Use reasonable force, to enter and search.
• Promptly provide an inventory of items seized.
• Provide written notice.

Question 21

EVIDENCE - Seize items in ____ ______, if lawfully in a place or vehicle.

Answer 21

Section 123

Items in plain view.

Question 22

EVIDENCE - Remove items of uncertain status (if within scope of original search power).

Answer 22

Section 112

Question 23

EVIDENCE - Secure (not search) the scene until search warrant is obtained (___ hours max) if RGTB CADD may occur

Answer 23

Section 117

Six hours max

Question 24

ARREST / DETENTION

After arrest, arresting officer may enter and search place for evidence, if _____ CADD will occur.

Answer 24

Section 83

If GGTB CADD will occur

Question 25

ARREST / DETENTION

After arrest, arresting officer may enter and search a vehicle if RGTB the _________ contains ________.

Answer 25

Section 84

Vehicle contains evidence.

Question 26

ARREST / DETENTION
Rub down search of any person arrested or detained (under another Act), for anything that may ____ a person or __________ escape.

Answer 26

Section 85

May harm a person or facilitate escape.

Question 27

ARREST / DETENTION
Search any person arrested or detained (under another Act), GRTB the person has anything that is __________ or may _____ a person or may ___________ escape.

Answer 27

Section 88

evidence or may harm a person or may facilitate escape.

Question 28

ARREST / DETENTION

Search any person who is or about to be ______ ___.

Answer 28

Section 11

About to be locked up.

Question 29

POWERS DURING SEARCH

Vehicle may be searched for ________, if stopped under section 9 and person is arrested or ______.

Answer 29

Section 10

Searched for evidence, person is arrested or flees.

Question 30

POWERS DURING SEARCH

Searcher may ______ place / vehicle / thing searched and RGTB person will hind search exclude any person.

Answer 30

Section 116

Searcher may secure

Question 31

POWERS DURING SEARCH

Searcher may _______ any ________ at , or arriving at, place or thing, to establish _________ to object of the search.

Answer 31

Section 118

May detain any person, to establish connection to object of the search.

Question 32

POWERS DURING SEARCH
Search any _______ at, or arriving at or leaving place or vehicle being searched, if RGTB has evidence or RGTS has __________ item and RGTB immediate action is __________.

Answer 32

Section 119

Search any person, RGTS has dangerous item, immediate action is required.

Question 33

NOTIFICATION
Must notify when any warrantless ________ or entry ______ is used unless Section 85 (after arrest) and Section 88 (rub down) and section 11 (locked up) search, or entry ______ that does not come under confer search power eg: Section 14 ________ power.

Answer 33

Section 169

Warrantless searchor entry power is used, entry power that does not come under confer search. Emergency power.

Question 34

How long is a search warrant valid for?

10, 13 or 14 days

Answer 34

14 days

Question 35

Can a 13 year old, one up driver you 3T give permission to search the car he is driving?

Answer 35

YES because he is the only person in the car.
Section 95 - A person who is under 14 years old and driving a vehicle can consent to a search of the vehicle if there is no other passenger over 14 yrs of age in the vehicle who (1) has authority over the vehicle and (2) is able to consent to the search of the vehicle.