Search & Surveillance Flashcards
(32 cards)
Definition of firearm
Means anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive; and
- anything that has been adapted to do the above
- anything which is not currently capable of the above, but which by its completion or replacement of any parts/repair/correction, would be capable
- anything which is for the time being dismantled or partially dismantled
- any specially dangerous airgun
Definition of airgun
- any air rifle
- any pistol
- any weapon from which by the use of gas or compressed air and not by force of explosive, any shot, bullet, missile or other projectile can be discharged
Definition of pistol
Any firearm that is designed or adapted to be held and fired with one hand, includes any firearm less than 762mm in length
Definition of restricted weapon
Anything declared by the GG to be a restricted weapon
Definition of curtilage
The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’. It defines the boundary within which a home owner can have a reasonable expectation of privacy and where ‘common home activities’ take place.
Case law - evidential material
Catley v R
It follows that evidential material is not confined to material relating to suspected offending by the person who is subject to the search. It may be evidence of any suspected offence in respect of which the search is being undertaken.
Definition of private activity
Activity that, in the circumstances, any one or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants
Definition of a surveillance device
- an interception device
- a tracking device
- a visual surveillance device
Definition of unlawfully at large
- warrant for arrest
- WTA under Corrections Act or Parole Act
- prison breaker (s119 CA61)
- escapee from lawful custody (s120 CA61)
- special or restricted patient (MHCAT) who has escaped or failed to return
- care recipient or special care recipient under Intellectual Disability CCR
- young person within meaning of OT act subject to order and absconding
Case law - warrant preference rule
R v Laugalis
A search conducted pursuant to a warrantless statutory power was unreasonable because there were no urgent circumstances and a warrant could have been applied for
S7
May enter a place or vehicle to search for a person -
RGTS person unlawfully at large
RGTB they are there
S8
Enter a place or vehicle and search for and arrest a person that RGTS committed the offence
- RGTS offence punishable by imprisonment sufficient to arrest; and
- RGTB person is there;and
- RGTB if not done immediately, the person will leave, and/or EM will be CADD
S9
May stop a vehicle to arrest a person if
RGTS person U/L at large; or committed an offence punishable by imprisonment
RGTB person is in or on the vehicle
S10
If stopped a vehicle under s9, a constable may
- require any person who RGTS U/L at large or committed imprisonable offence to supply name, address, contact details, DOB
- search the vehicle to locate the person if RGTB they’re in or on
- search the vehicle to locate EM in relation to the offence, if the person has been arrested or if seen fleeing from the vehicle before they can be arrested
S15
May enter and search a place if
- RGTS an imprisonable offence 14+ yrs has, is or is about to be committed
- RGTB EM relating to that offence is in that place; and
- if entry delayed, CADD
S16
May search a person in a PP if RGTB person is in possession of EM for a 14+ yr offence
S17
May enter and search a vehicle in a PP if RGTB EM relating to 14+ yr offence or terrorism offence is in or on the vehicle
S18
(1) RGTS any circumstances in (2) exist, you may
(a) search the person
(b) search any thing in person’s possession or under their control (incl vehicle)
(c) enter a place or vehicle to carry out activity under (a) or (b)
(d) seize and detain arms found
(e) seize and detain any licence found
(2) person is carrying, in possession of or control of arms; and
(a) breaching Arms Act
(b) physical or mentally
- incapable of having proper control
- may kill or cause bodily injury to any person
- PO or PSO in place
- grounds to make application for PO
(3) May enter a place or vehicle, search it, seize any arms or licence, and detain arms or licence, if RGTS
- cat 3 or 4 offence, or offence against Arms Act has, is or about to be committed
- that may be EM in relation to cat 3 or 4 offence, or Arms Act
S20
May enter and search a place or vehicle if
- RGTB controlled drug under MODA in or on the place or vehicle
- RGTS that in or on the place or vehicle an offence against MODA has, is or about to be committed
- RGTB EM CADD
S21
If searching any place or vehicle under s20, can search a person found in or on place or vehicle
S22
Can search a person if
- RGTB person is in possession of drug under MODA
- RGTS offence against MODA has, is or about to be committed
S27
Can search person in PP if
- RGTS person committing offence against s202A CA61 (offensive weapons, knives, etc)
s28
Can search a vehicle if
- RGTS person in vehicle or who has alighted from it is committing offence against s202A CA61 (offensive weapons, knives, etc) and
- RGTS vehicle contains knife, offensive weapon or disabling substance
s83
If:
- person arrested
- RGTB EM relating is at a place and CADD
May:
- enter to search for EM
