Search & Surveillance Act 2012 Flashcards
(22 cards)
Explain s7
Entry place or vehicle without warrant to arrest person UL at large.
Suspect person is UL.
Believe that person is there.
Explain s8
Entry to place & vehicle without warrant to avoid loss of offender or evidential material. Reasons grounds to
Suspect person has committed offensive punishable by imprisonment.
Believe person is there
Believe that if entry immediate either both may occur;
Person will leave to avoid arrest
Evidential material will be CADD.
Explain s9
Stopping vehicle to find persons UL or
Who have committed certain offences.
To suspect person is UL or
Offence is punishable by imprisonment.
Explain s15
Entry & search place to find and avoid loss of evidential material to certain offences.
Suspect the offence is 14yrs imprisonment.
Believe evidential material is in that place. If entry is delayed in order to obtain a SW the evidential material will be CADD.
Explain s16
Searching people in public place without warrant if believe that person in possession of evidential material relating to a offence punishable by 14 yr imprisonment.
Explain s17
Warrantless entry & search of vehicle in public place for evidential material if believe offence is punishable by 14yrs or more imprisonment.
Explain s18
Warrantless searches associated with arms. To suspect
1. Search person, anything in persons possession or under their control including a vehicle.
2. S/he by reason of physical or mental health incapable of having proper control.
May kill or cause GBH.
Enter place or vehicle to search and seize any arms.
Explain s20
Warrantless search of place & vehicle to some MODA 1975 offences on reasonable grounds,
(a) believe is is not practicable to obtain a SW.
(b) suspect that in or on that place/vehicle an offence against MODA is being committed or been committed or about to be committed.
(c) believe if entry & search isn’t immediate evidential material will be CADD.
Explain s83
Entry a place without after arrest.
If person is arrested for an offence.
Believes that evidential material relating to the offence at place will be CADD if entry is delayed for a SW.
May enter and search without warrant to search for evidential material relating to that offence.
Explain s84
Warrantless entry & search of vehicle after arrest.
Explain s112
Items of uncertain status may be seized
Place or vehicle
Explain s117
Special powers where application for pending search warrant.
If SW is in progress entry can be made to place, vehicle or other thing at anytime to secure.
6 hours permitted to finalise SW.
Explain s123
Seizure if items in plain view in place or vehicle.
Explain s114
Items of uncertain status may be seized.
Place or vehicle.
Explain s117
Special powers where applicable for SW pending.
Enter and search place or vehicle or other thing to secure if SW in is process.
6hrs limit to finalise SW.
When is a surveillance device warrant not required?
Hint: 3
Not required for purposes of;
Unaided visual observation.
Unaided sense of hearing.
Unaided sense of smell.
Basically provided that the device used doesn’t enhance your ability to hear or observe.
Zoom on iPhone for photos doesn’t count.
Can record a conversation if it’s within normal hearing.
When is a surveillance device warrant needed?
Intercepting private conversation
Tracking
Visual observation of private activity on private premises and any recording of that observation.
What is a surveillance device?
An interception device
A tracking device
A visual surveillance device
What is Curtilage?
The land immediately surrounding a house or dwelling including any close associated buildings or structures.
But excludes the open fields beyond.
What can you do without a surveillance device warrant?
Observe private activity in the curtilage of private premises by means of a surveillance device for a;
Single investigation or connected series of investigations for a period that doesn’t exceed;
3hrs in any 24 hour period or
8 hours in total.
Explain s48
Hint: surveillance device warrant
SDW need not be obtained for use of surveillance in some situations of emergency or urgency.
May not exceed 48 hours.
If suspect an offence punishable by 14yr imprisonment is being or about it has been committed.
Believe that use of the surveillance device would obtain evidential material relating to the offence.
