Search & Surveillance 2012

Question 1

What is the definition of Arms?

Answer 1

Any firearm, air gun, pistol, restricted weapon, imitation firearm, or explosive or any ammunition

Question 2

What is the definition of Curtilage?

Answer 2

Defines the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any open fields beyond.

Question 3

Define Evidential material

Answer 3

Evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of an offence

Question 4

Define surveillance device

Answer 4

a device that is any one or more of the following kinds of devices

• an interception device
• a tracking device
• a visual surveillance device

Question 5

Define Unlawfully at large

Answer 5

means the person has

• an arrest warrant in force
• has escaped from prison
• has escaped lawful custody (police cells, courts)
• a special patient or restricted patient and has escaped or failed to return
• Young person who is subject to youth court supervision with residence order

Question 6

Define Visual Surveillance Device

Answer 6

Any electronic, mechanical, electromagnetic, optical instrument, apparatus, equipment or other device capable of being used to observe or to observe and record, a private activity

Question 7

In terms of searching, all searches must be?

Answer 7

Lawful and reasonable.
- you may only conduct a search if it is authorised by legislation
You must always either;
- execute a search warrant
- execute a warrantless power
or Conduct a consent search

Question 8

When considering a search, you must, where ever possible?

Answer 8

1. apply for a search warrant- unless delay will make it impracticable to achieve your purpose
2. use warrantless search power
3. Undertake a Consent Search- consent can be withdraw at anytime

Question 9

What principles apply equally to searches of places, vehicles and other things?

Answer 9

• Lawfulness and reasonableness
• Search Hierachy
• Decision records- Record RGTS or RGTB
• Identification and Notice of search
• Force used against property must be reasonable
• Search or Seizure should be witnessed- by another Police employee
• Seized property must be documented

Question 10

S&S 2012- Section 7

Answer 10

Entry without warrant to arrest person unlawfully at large
- enter place or vehicle without warrant
- to search for and arrest a person
If you have reasonable grounds to:
- SUSPECT that a person is unlawfully at large and
- to BELIEVE that person is there

Question 11

S&S 2012- Section 8

Answer 11

Entry without warrant to avoid loss of offender or evidential material
- enter place or vehicle without warrant
- to search and arrest a person you suspect has committed an imprisonable offence
If you have reasonable grounds to:
- SUSPECT that person has committed an imprisonable offence
- BELIEVE that person is there
- BELIEVE that person may leave to avoid arrest OR
- BELIEVE evidential material relating to the offence may be CADD

Question 12

S&S 2012- Section 9

Answer 12

Stopping a vehicle to find a person unlawfully at large or who have committed imprisonable offences
- Stop a vehicle without warrant
If you have reasonable grounds to;
SUSPECT person is unlawfully at large or has committed an imprisonable offence
BELIEVE that person is in or on the vehicle

Question 13

S&S 2012-Section 10

Answer 13

Powers and Duties of a Constable after stopping a Vehicle s9
After stopping a vehicle a Constable may
a) REQUIRE any person in vehicle who the constable SUSPECTS is unlawfully at large or has committed an imprisonable offence- to supply their name, dob, address and other details
b) SEARCH vehicle to locate the person with reasonable grounds to BELIEVE the person is in or on the vehicle
c) SEARCH the vehicle for evidential material in respect of which the vehicle was stopped- if the person has been arrested or is seen fleeing from the vehicle before arrest

Question 14

S&S 2012- Section 15

Answer 14

Entry without warrant to find and avoid loss of evidential material relating to certain offences

• Enter and Search if on reasonable grounds you
• SUSPECT than an offence punishable by imprisonment 14 years or over has been or is about to be committed and
• BELIEVE that evidential material relating to the offence is in that place; and
• that if delayed, the evidential material will be CADD

Question 15

S&S 2012- Section 16

Answer 15

Searching people in a public place without a warrant for evidential material relating to certain offences
- A constable can search without warrant any person in a public place on reasonable grounds to BELIEVE that person is in possession of evidential material relating to an offence punishable by imprisonment over 14 years or over

Question 16

S&S 2012- Section 17

Answer 16

Entering and searching a vehicle without warrant for evidential material relating to certain offences
- a constable can enter and search a vehicle without warrant if on reasonable grounds to BELIEVE evidential material relating to an offence punishable by imprisonment 14 years or over is in or on that vehicle

Question 17

S&S 2012- Section 18

Answer 17

Warrantless searches associated with Arms
A constable has reasonable ground to SUSPECT
- person is carrying arms or is in possession of them or has them under their control
- he or she is breaching Arms Act
- he or she by reason of their physical or mental state is not capable or having proper control or arms or may kill or cause bodily harm to any person
- A protection order is in force or there are grounds to make an application for a protection order

A constable can;

• Search the person, their possessions under their control
• Enter a place or vehicle to carry out above
• Seize and detain firearms found and any firearms licencw

Question 18

S&S 2012- Section 20

Answer 18

Warrantless search of places and vehicles in relation to misuse of drugs act 1975 offences

• A constable may enter and search a place or vehicle without warrant if on reasonable grounds to
• BELIEVE its not practical to obtain a warrant and in or on the place or vehicle is
• a controlled drug or precursor substance as specified in MODA and
• SUSPECT in or on that place or vehicle an offence against MODA has been or is being committed in respect of that controlled drug and
• BELIEVE that if entry and search is not carried out immediately CADD will occur

Question 19

S7S 2012- Section 21

Answer 19

Warrantless searches of people found in or on places or vehicles
- A constable conducting a search of a place or vehicle under section 20 may, without warrant, search any person found in or on the place or vehicle

Question 20

S&S 2012- Section 22

Answer 20

Warrantless power to search for controlled drugs and precursor substances if offence committed against MODA

• Reasonable grounds to SUSPECT- an offence against MODA has, is being, or about to be committed
• Reasonable grounds to BELIEVE- a person is in possession of a controlled drug
• Search the person

Question 21

S&S 2012-Section 27

Answer 21

Searching people in public places without warrant if offence against 202(4)(a) of Crimes Act 1961 suspected

• Reasonable grounds to SUSPECT a person is committing an offence against 202(4)(a) of crimes act (possession of knives, offensive weapons, and disabling substances)
• May search the person

Question 22

S&S 2012- Section 28

Answer 22

Stopping and searching vehicles without warrant if offence against 202A of crimes act.

• reasonable grounds to SUSPECT a person travelling in the vehicle or who has alighted from the vehicle is committing an offence against 202(4)(a) and
• the vehicle contains a knife, offensive weapon or disabling substance
• search the vehicle

Question 23

S&S 2012- Section 83

Answer 23

Entry without warrant after arrest
If you have arrested a person for an offence and
- have reasonable grounds to BELIEVE evidential material relating to offence is at a place and
- that the evidential material will be CADD
- You may enter the place and search for evidential material relating to the offence

Question 24

S&S 2012- Section 84

Answer 24

Warrantless entry and search of vehicle after arrest

• if you have arrested a person for an offence and
• have reasonable grounds to BELIEVE evidential material relating to the offence is in or on a vehicle
• Enter and search vehicle ( in public place)

Question 25

S&S 2012- Section 112

Answer 25

Items of uncertain status may be seized - If you are exercising a search power and - you are uncertain whether an item found may be lawfully seized and its not practical to determine this - remove the item for the purpose of examination or analysis

Question 26

S&S 2012- Section 117

Answer 26

Special powers where application for search warrant pending - A search warrant is about to be made or has been made and has not yet been granted and the officer is present at the place or vehicle that is subject of application - on reasonable grounds to BELIEVE evidential material may be CADD - Enter, secure the place or vehicle, secure any items found, direct a person to assist NOTE: powers permitted until- 6 hours, warrant is available, application for warrant is refused

Question 27

S&S 2012- Section 121

Answer 27

Stopping vehicles with or without warrant - grounds to search vehicle exist OR - a warrant has been issued and is in force for the vehicle

Question 28

S7S 2012- Section 123

Answer 28

Seizure of items in plain view - you are, exercising a search power or lawfully in any place or in or on a vehicle or - conducting a lawful search of a person and - finds any item in the purse of carrying out the search Reasonable grounds to BELIEVE you could have seized the item or items under: - any search warrant or - any other search power Seize the item

Question 29

S&S2012- Section 45

Answer 29

Restrictions on some trespass surveillance and use of interception device You must be: - Obtaining evidential material in relation to an offence punishable by a term of imprisonment of 7 years or more OR - against section 44,45,50,51,54 or 55 of the Arms Act 1983 Powers: - Undertake- trespass surveillance - Use- an interception device

Question 30

S&S 2012- Section 46

Answer 30

Activities for which surveillance device warrant required What can you do without a surveillance device warrant? - observe private activity without the use of surveillance device from public areas - observe private activity in the curtilage of private premises by means of surveillance device for a period not exceeding; - 3 hours in 24 hour period - 8 hours total

Question 31

S&S 2012-Section 47

Answer 31

Some activities that do not require warrant under this subpart - When you are lawfully in private premises, and recording what you observe or hear there, without use of surveillance device - Conducting an audio recording of a voluntary oral communication between 2 or more persons, made with consent of at least one of them

Question 32

S&S 2012- Section 48

Answer 32

Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency