Session 4

Question 1

The types of powers:

Answer 1

There are 3 distinct areas that need to be considered in the area of search and seizure

1) They are search and seizure before arrest,
2) During arrest, and
3) Search and seizure after arrest.

Question 2

Reasonable Suspicion?

Answer 2

A reasonable suspicion involves less than a reasonable belief but more than a possibility.
There must be something which would create in the mind of a reasonable person an
apprehension or fear of one of the state of affairs covered by S 21 LEPRA

Question 3

Reasonable Belief

Answer 3

The law treats belief as a higher standard than suspicion. Belief also contains an
acceptance of the truth of the thing. With a suspicion you may have no particular view
either way whether in fact a thing exists but merely a positive apprehension that it may
exist. Whereas a belief requires that your positive apprehension must be coupled with a conviction as to the truth of the fact.

Question 4

Reasonable means:

Answer 4

The test is not only whether the police officer actually had the suspicion or belief, but also whether a reasonable person, armed only with the information that the police officer had at the time, would have held a belief.

Question 5

Informed consent means:

Answer 5

Police may search a person or vehicle if they have the consent of the person. Informed Consent is when the person agrees to be searched but with the knowledge that they have a right to refuse. This right to refuse should be told to the person at the time that consent is requested.