Sections

Question 1

Rules and obligations when searching people? Section 125

Answer 1

When exercising a power to search a person, you must: NIAR
- Name (identify yourself)
- Intention to search
- Act
- Reason for the search

When exercising power to search a person you may:
- detain
- use reasonable force
- search
- Seize

Question 2

Section 85?
Search and surveillance act 2012

Answer 2

Rub down search of arrested or detained persons

(To prevent harm and escape)

Question 3

Section 86? Search and surveillance act 2012

Answer 3

When conducting a search you may ask them to remove ‘top layer’ clothings or accessories

Question 4

Section 87? Search and surveillance act 2012

Answer 4

Rub down search may use visual examination
Of mouth, nose and ears

Question 5

Section 88? Search and surveillance act 2012

Answer 5

Warrantless search of arrested or detained persons (for evidential material

If you have reasonable grounds to believe:
- there is evidential material relating to an offence
- may be used to harm any person
- may be used to escape

Question 6

Section 11? Search and surveillance act 2012

Answer 6

Warrantless search for people who are/going to be locked up in custody

Question 7

Section 13? Search and surveillance act 2012

Answer 7

Property taken from people locked up in custody must be given back to the person when they leave custody unless the property is evidential material relating to an offence

Question 8

Section 92? Search and surveillance act 2012

Answer 8

Purposes for which consent search may be undertaken

PIPP

P = prevent offence
I = investigate
P = protect life or property
P = prevent injury or harm

Question 9

Section 93? Search and surveillance act 2012

Answer 9

Advice given before consent search

• state I’m searching you under section 92 of search and surveillance act 2012
• advice reason for search (PIPP)
• advise they can consent or refuse to be searched

Question 10

Section 94? Search and surveillance act 2012

Answer 10

Unlawful searches

• not for purpose in section 92 (PIPP)
• fail to state advice in section 93
• consent given by person who does not have authority to consent

Question 11

Section 95? Search and surveillance act 2012

Answer 11

People under the age of 14 years old cannot consent to searches