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Search and Surveillance Act > Sections > Flashcards

Sections Flashcards

(43 cards)

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1
Q

What is section 125 an umbrella for?

A

Searching people

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2
Q

What is section 125(1)?

A

If a person exercises a power to search a person they must…

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3
Q

What is section 125(1)(a)?

A

Must ID themselves by either name or unique identifier

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4
Q

What is section 125(1)(b)?

A

Must state name of enactment they are searching under and reason for search unless impracticable to do so

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5
Q

What is section 125(1)(d)?

A

May detain a person to enable the search for as long as necessary to complete the search

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6
Q

What is the acronym used for section 125(1) and what does it mean.

A

NAR or RAN
Your name
Act you are searching under
Reason for your search

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7
Q

What is section 125(1)(e)?

A

May use any force that is reasonable for the purpose of the search

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8
Q

What is section 125(1)(i)?

A

You can search any item the person is wearing or carrying and also any item in the persons immediate possession or control

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9
Q

What is section 131 an umbrella act for?

A

Searching places, vehicles and other things

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10
Q

What is the acronym used for section 131 and what does it mean?

A 
RAIN
reason for your search
Act you are searching under
Your intent
Your name
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11
Q

What is section 131(3)?

A

Person using search power may use reasonable force to effect entry into place,vehicle or other thing

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12
Q

What is section 110 an umbrella for?

A

Searching places, vehicles or other things

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13
Q

What is section 110(c)?

A

Authorises the person exercising the search power to use any force in respect of any property that is reasonable for the purposes of carrying out any search and lawful seizure

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14
Q

What is section 110(d)?

A

Authorises the person exercising the search power to seize anything that is the subject of the search or anything else that can be lawfully seized

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15
Q

What is section 113?

A

Power to call upon any person to help you with the search and they operate under the callers directions

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16
Q

What is section 169(1)?

A

Reporting the use of any warrantless search power, entry power or surveillance power to the commissioner as soon as practicable after using the power

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17
Q

What is section 14(1)?

A

A warrantless entry power that can be used to enter any place or vehicle and take any action if a constable suspects on reasonable grounds that it is necessary to prevent an offence from being committed or continuing or to avert an emergency.

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18
Q

What is section 14(2)?

Study These Flashcards
A

Are the circumstances of the warrantless entry power which are if there is an offence being committed or about to be that would be likely to cause injury to any person or serious damage to any property. Also if there is a risk to the life or safety of any person that requires an emergency response

19
Q

What is section 7?

Study These Flashcards
A

Entry without warrant to a place or vehicle to arrest someone unlawfully at large if the constable believes that the suspect is unlawfully at large and believes that the person is there

20
Q

What is section 8?

Study These Flashcards
A

Entry without warrant to avoid loss of offender or evidential material.

21
Q

What is section 85?

Study These Flashcards
A

A rub down search of an arrested or detained person to ensure that person is not carrying anything that could be used to harm any person or facilitate an escape

22
Q

What quote do you need to use for section 85 in an answer?

Study These Flashcards
A

Harm any person or facilitate escape

23
Q

Do you need good cause to suspect to search under section 85?

Study These Flashcards
A

No you don’t

24
Q

What is section 88?

Study These Flashcards
A

A search power where anyone arrested or detained can be searched if on reasonable grounds they believe that person is carrying anything that may be used to harm someone or facilitate an escape, or has evidential material relating to an offence in respect of which the arrest is made or person is detained

25
What is section 11?
A search of a person who are or about to be locked up in police custody
26
What is a section 11s primary purpose?
A custody search for property and money
27
What does section 11(3) allow?
You can search a person in custody again if they have been in close proximity with someone who hasn't been searched by police.
28
Under section 11 what are some examples of being locked up?
``` Police cell Police vehicle (unless transport only) Booze bus New Year's Eve cage Holding cell ```
29
What is section 13?
Property taken from people who are locked up in police custody must be returned to them upon their release and it must follow them if they are transferred while still in custody. The exception to this is only if the constable believes the property may need to be given in evidence in court or if the possession of the property may constitute an offence.
30
What is section 92?
Covers the purposes for which a consent search may be undertaken. Which are; To prevent the commission of an offence To protect life and property or to prevent injury or harm Investigate if an offence has been committed Any purpose in respect of which the enforcement officer could excessive a power of search conferred with an enactment, if they held a particular belief or suspicion specified in the enactment
31
What is section 93?
Advice that must be given before a consent search can be undertaken. The advise is that; You determine the search is authorised by section 92 Advise the person who you wish to gain consent from another the purpose of the search Advise the person they can either consent or refuse the search
32
What is section 94?
Are the circumstances for which a search by consent is unlawful which are; It is not for a purpose set out in section 92 The officer fails to comply with section 93 (a), (b) and (c) The search is don't on the consent given by someone who is not authorised to give consent
33
What is section 22?
Warrantless search power to search for controlled drugs and precursor substances
34
When can you search under section 22?
When you believe on reasonable grounds they are in possession of a drug described in the Misuse of Drugs Act 1975
35
What is section 21?
Warrantless search power of people found in or on places or vehicles
36
What is section 20?
Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975
37
What is section 27?
Searching people in public places without search warrant if offence against section 202(4)(a) of Crimes Act 1961 is suspected
38
What is section 28?
Stopping and searching vehicles without warrant if offence against section 202A of the Crimes Act 1961 is suspected
39
What is section 95?
Ability of persons under 14 years of age to give consent to searches of places, vehicles or other things
40
What is the ability of a person under 14 years in regards to giving consent to search places, vehicles or other things?
They are unable to give consent unless they are the driver of a vehicle and no passenger is 14 years old or older
41
What is section 96?
Exceptions to consent search rules
42
What are the exceptions to the consent search rules?
Search as a condition of entry Search conducted in accordance with a power from a enactment Affect the rule of law relating to the implied licence to enter property
43
What is section 91?
If you have a statutory power to search a person, place, vehicle or other thing you must use that power instead of gaining consent for a search

Search and Surveillance Act (1 decks)

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