Searches

Question 1

Person Search section?

Answer 1

21

Question 2

Person search justification?

Answer 2

Reasonable suspicion, anything in possession or control

• Stolen/unlawfully obtained
• used in/in connection with commission relevant offence
• Dangerous article
• Drugs

Question 3

Relevant offences?

Answer 3

• Indictable
• Possession dangerous article (93FB Crimes)
• Off against Weapons Prohib or Firearms ACt
• Off against Part 2 explosives Act

Question 4

Dangerous article?

Answer 4

• Firearm, barrel, ammunition
• Prohib weapon
• Spear gun
• Any article not firearm that can discharge irritant, liquid powder, gas chemical or capable of causing bodily harm
• Fuse for explosive
• detonator

Question 5

21A LEPRA?

Answer 5

Can get person to open mouth, shake or move hair.

Question 6

What doesn’t 21A permit?

Answer 6

Forcing open of mouth.

Question 7

27 LEPRA?

Answer 7

Search on arrest

Question 8

27 LEPRA justification?

Answer 8

Suspect reasoanble grounds prudent to do so to ascertain whether carrying;
- Would present danger to a person
assist in escape of lawful custody
Respect to which offence committed
Evidence of commission of offence
Used/intended in connection commission of an offence

Question 9

28A LEPRA?

Answer 9

Search in lawful custody

Question 10

Need reasonable suspicion for 28A LEPRA?

Answer 10

No.

Question 11

28A Justification

Answer 11

May search person in lawful custody and seize and detain anything found.

Can be carried out at station, other place of detention, or immediately before/during transportation to those places.

Question 12

s50 LEPRA?

Answer 12

Search on execution warrant. Can search anyone in premises if reasonable suspect they in possession of anything named in warrant.

Question 13

Part 15 LEPRA?

Answer 13

Comply with Safeguards
201 - powers it applies to
202 - safeguards
203 - Warning to be given

Question 14

2 types of search?

Answer 14

Person

Strip

Question 15

Section that governs rules for searches generally? What May you do?

Answer 15

s 30.
May
- Run hands over outer clothing
- remove jacket, gloves, socks etc
- Examine anything in possession
- metal detector
- Anything authorised in act.

Question 16

Strip search section?

Answer 16

s 31

Question 17

Strip search justification?

Answer 17

a - when carried out at police station or place of detention - suspects reasonable grounds necessary for purpose of search

or

b - At any other location, suspect on reasonable grounds that it is necessary for the purpose of the search, and circumstances of urgency or seriousness make the strip necessary.

Question 18

Section for rules on dignity?

Answer 18

s 32

Question 19

What must police inform person being searched of?

Answer 19

• If required to remove clothing

- Why necessary

Question 20

What must ask for when searching?

Answer 20

Co-operation

Question 21

How must search be conducted?

Answer 21

• Way affords reasonable privacy-

- Quickly as reasonable practicable.

Question 22

What type of search should be conducted?

Answer 22

Least invasive type

Question 23

If same sex searcher not available?

Answer 23

delegate to a person of same sex or
- class prescribed by regulations.

Search to be conducted under direction of the Police Officer.

Question 24

Search while questioning?

Answer 24

No.

Questions about personal safety can be asked.

Question 25

Rules for strip searches section?

Answer 25

33

Question 26

What must comply with for strip search?

Answer 26

- Private area - Not in presence of view of person of opposite sex - Not in presence or view of anyone not necessary for search

Question 27

Can parent/guardian be present?

Answer 27

Y, if person has no objection.

Question 28

How to search child between 10-18 or of impaired intellectual functioning?

Answer 28

- presence of parent or guardian or - Presence of another person not police capable of representing interests of person. Unless - Delay result evidence concealed/destroyed or - protection of person Must record reasons

Question 29

How much clothes can you remove?

Answer 29

As much as reasonably necessary.

Question 30

Medical practitioner present?

Answer 30

If person doesn't object.

Question 31

Can strip child under 10? Section?

Answer 31

N - S 34.

Question 32

What can ask person to do in strip search>

Answer 32

``` Lift testicles Part buttocks cheek spread fingers and toes lift breasts move body open mouth shake hair squat ```

Question 33

What circumstances need to exist for a strip search outside of a place of custody or Police Station to be NECESSARY?

Answer 33

Urgent and serious circumstances

Question 34

Can you tell another Police officer to search?

Answer 34

Only in circumstances where you have passed the requiste jusitification to them for them to also be jusitified.