Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Search & Surveillance Act 2012 > Search & Surveillance > Flashcards

Search & Surveillance Flashcards

You may prefer our related Brainscape-certified flashcards:
SAT® Prep flashcards
0
Q

Search & Surveillance Section 110:

A

Power incidental to enter an search places and vehicles.

Only places you are AUTHORISED to enter and search.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Search & Surveillance Section 7:

A

Entry without warrant to arrest person unlawfully at large.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Search & Surveillance Section 131:

A

RAIN (RAN + an announced intention to enter and search a place vehicle or other thing)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Search & Surveillance Section 169:

A

Reporting use of search powers.

When a warrantless power is used.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Search & Surveillance Section 125

A
  • RAN.
  • Power to search any person.
  • Can detain the person for as long as reasonably necessary to carry out the search.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Search & Surveillance Section 85:

A

Rub down search of arrested or detained persons.
Ensure not carrying anything that may be used to:
-harm any person.
-facilitate their escape.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Search & Surveillance Section 88:

A

Warrantless search of arrested or detained persons (evidential material).
May search if have RGTB that the person is carrying:
-evidential material relating to the offence.
-used to harm any person.
-used to facilitate an escape.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Search & Surveillance Section 13:

A

Property taken from a person locked up in police custody must be returned.
Unless:
-Property may be used as evidence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Search & Surveillance Section 14:

A

Warrantless entry to prevent offence or respond to safety of life.

  • offence about to be or being committed.
  • injury to any person or serious damage to property.
  • risk to life/safety of a person.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Search & Surveillance Section 11:

A

Warrantless search of people who are, or to be, locked up in police custody.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Search & Surveillance Section 8:

A

Enter, search and arrest the person without warrant

IF you have RGTS a person has committed an impris. offence AND you believe that person is in a place or vehicle AND if entry is not immediate then:
-the person will escape
AND/OR
-CADD will occur

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Search & Surveillance Section 27:

A
  • Search any person.
  • In a public place.
  • Without warrant.
  • RGTS committed an offence against 202A(4)(a) Crimes Act 1961.
  • –> RAN + 169.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Search & Surveillance Section 28:

A

Searching vehicles without warrant for offensive weapons.

  • RGTS that a person traveling in a. Vehicle has committed an offence against 202(4)(a) Crimes Act 1961.
  • –> RAIN + 169.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Search & Surveillance Section 83:

A

Entry without warrant after arrest.
If you have arrested someone and you RGTB that there is:
-evidential material at that address.
BUT
-if entry is delayed in order to obtain a warrant then CADD will happen.
*vehicle include as part of the property on that address.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Search & Surveillance Section 84:

A

Warrantless entry and search of vehicle after arrest.
If you have arrested a person and have RGTB that:
-evidential material relating to that offence is in or on a vehicle.
You may:
-enter and search that vehicle for evidential material.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Search & Surveillance Section 15:

A

Entry without warrant to find and avoid loss off evidential material (serious offences).

If you have RGTS that an offence punishable by imprisonment for a term of 14yrs or more:

  • has been committed
  • is being committed
  • is about to be committed

And you have RGTB that:
-evidential material relating to the offence is in a place
AND
-if entry is delayed to obtain a search warrant then CADD will occur

YOU MAY
-enter and search the place without a warrant

——>RAIN

16
Q

Search & Surveillance Section 16:

A

Searching people in a public place without warrant for evidential material relating to offences.

If a person is in a public place and you have RGTB that:
-the person is in possession of evidential material relating to an offence punishable by a term of 14 years or more.

YOU MAY
-search the person without warrant.

——>RAN

17
Q

Search & Surveillance Section 17:

A

Warrantless entry an search of a vehicle relating to certain offences.

If a vehicle is in a public place and you have RGTB that:
-evidential material relating to an offence punishable by imprisonment by a term of 14yrs or more is in or on the vehicle

YOU MAY
-enter and search the vehicle without warrant.

18
Q

Search & Surveillance Section 116:

A

Securing a place, vehicle or other thing to be searched.

If you are carrying out any search of a place, vehicle or other thing, you may:

  • secure the place, vehicle, or other thing being searched
  • secure any items found in or on that place, vehicle or other thing

If you believe a person will obstruct or hinder any of the powers above you may:
-exclude any person from that place, vehicle or other thing being searched

——>RAN

19
Q

Search & Surveillance Section 118:

A

Powers of detention incidental to powers to search places and vehicles.

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 or on the vehicle and the object of the search, the you may:

Detain any person who:
-is in that place or in or on the vehicle at the start of the search
OR
-arrives at the place while the search is being carried out
OR
-stops at, or enters, or tries to enter the place or vehicle while the search is being carried out.

When detaining a person you may:

  • detain them for a reasonable period of time
  • use reasonable force
20
Q

Search & Surveillance Section 119:

A

Powers to search persons at a place or vehicle.

If you exercise a power of search in relation to a place or vehicle you may search any person:
-found at the place or in or on the vehicle
OR
-who arrives at the place
OR
-who stops at, or enters, or tries to enter or get into or onto the vehicle

IF EITHER
-you have RGTB that evidential material that you are searching for is on the person
OR
-you have RGTS 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.

YOU MAY
-search the person

——>RAN

21
Q

Search & Surveillance Section 29:

A

Power to search vehicles without warrant for stolen property.

If you have RGTB that:
-any stolen property is in or on any vehicle

YOU MAY
-search the vehicle without warrant

——>RAIN

22
Q

Search & Surveillance Section 9:

A

Stopping a vehicle to find persons unlawfully at large or who have committed certain offences.

If you have RGTS a person is:
-unlawfully at large
OR
-has committed an offence punishable by imprisonment
AND
-you have RGTB the person is in or on that vehicle

YOU MAY:
-stop the vehicle without warrant to arrest the person

23
Q

Search & Surveillance Section 10:

A

Powers and duties of constable after vehicle stopped.

If you are exercising the stopping power under section 9 you may:
-require any person in or on the vehicle to supply all or any of their name, address and DOB if you have RGTS:
-they are unlawfully at large
OR
-they have committed an offence pun. by impris.

YOU MAY ALSO:
Search the vehicle for persons or evidence if:
-the person has been arrested
OR
-is seen fleeing from the vehicle before they can be arrested

24
Q

Search & Surveillance Section 121:

A

Power to stop a vehicle to:
-conduct a warrantless search (if you believe there are grounds for a warrantless search under the S & S Act 2012)
OR
-execute a search warrant

25
Q

Search & Surveillance Section 112:

A

If you find or stop a vehicle and you have lawful authority to search the vehicle you may move the vehicle to:
-a safe place to carry out a search
AND/OR
-move the vehicle for safe keeping

26
Q

Search & Surveillance Section 128:

A

If you exercise a power to stop or search a vehicle you may require the vehicle to remain stopped for as long as reasonably necessary to exercise any power in relation to:
-the vehicle
OR
-the vehicle occupants

27
Q

Search & Surveillance Section 129:

A

If you exercise a power to stop a vehicle you must RAN the driver as soon as you have stopped it.

28
Q

Search & Surveillance Section 18:

A

Search any person and/or enter and search any place, vehicle or other thing if you have RGTB that a person is in possession or control of arms and:
-they have breached the Arms Act 1983
OR
-the person is incapable of having proper control of the arms due to their physical or mental condition
OR
-a PO is in force or there are grounds to make an application against a person for a PO
OR
-a PSO is in force against the person

29
Q

Search & Surveillance Section 20:

A

If you have RGTB that an offence has, is or is about to be committed against the MODA 1975 and you believe it would not be practicable to obtain a warrant you may:
-enter and search that place or vehicle without warrant

30
Q

Search & Surveillance Section 21:

A

If you conduct a search of a place or vehicle under s20 you may:
-search any person found in or on the place or vehicle without warrant

31
Q

Search & Surveillance Section 22:

A

If you have RGTB a person has, is or is about to commit an offence against the MODA 1975 you may:
-search the person

Search & Surveillance Act 2012 (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions