SS01 Persons

Question 1

S125 S&SA2012?

Answer 1

Obligation (NAR)

When exercising a search power you must -

a) identify yourself by name or UI
b) advise of the Act used to exercise such power
c) provide a reason for exercising such power.

Question 2

S85 S&SA2012?

Answer 2

Rub down search for arrested or detained.

• Search for anything that may be used to harm any person or facilitate escape
  • run or Pat your hand over the body (any layer of clothing)
  • open their mouth
  • palm of hands
  • soles of their feet
  • lift or rub their hair (themselves)

Question 3

S86 S&SA2012?

Answer 3

• Remove, raise, lower, open any outer clothing.

- remove any head coverings, gloves, footwear, socks, stockings.

Question 4

S88 S&SA2012?

Answer 4

Warrantless search of arrested or detained for evidential material.

RGTB the person is in possession of

• EM relating to the offence
• Harm any person or facilitate escape

Question 5

S11 S&SA2012?

Answer 5

Warrantless search of people to be locked up in Police Custody.

• at any Police Station, premises used for Police purposes, Police vehicles.
• search for money and property for safe safekeeping and prevent harm

Question 6

S13 S&SA2012?

Answer 6

Return of property and money when released from custody

• unless it is being held for evidential material or
• unless they are going to another facility it goes with the facility

Question 7

S92 S&SA2012?

Answer 7

Purposes of a consent search

a) PREVENT COMMISSION OF OFFENCE
b) to PROTECT LIFE or PROPERTY, prevent INJURY or HARM
c) to INVESTIGATE whether an OFFENCE has been committed
d) any purpose of ANY ENACTMENT

Question 8

S93 S&SA2012?

Answer 8

ADVICE to be given before consent search

a) purpose of the search is AUTHORISED by S92; and
b) advise the person of the REASON for the search; and
c) advise the person they can consent or REJECT to the search at any time

Question 9

S94 S&SA2012?

Answer 9

Circumstances where search by consent is unlawful

a) not for a purpose set out in S92
b) constable fails to comply with S93
c) consent is given by a person not authorised to give consent

Question 10

S95 S&SA2012?

Answer 10

Under 14 years consent search

1) a person under 14 years cannot consent to a search of place, vehicle or other thing.
2) does not apply to a person under 14 years who is found driving a vehicle with no passenger over the age of 14 with authority to consent for a search.

Question 11

S22 SaSA2012?

Answer 11

Search a person for drugs and precursor substances of offence against MODA1975

Question 12

S21 SaSA2012?

Answer 12

Search people found in or on places or vehicles for Misuse of Drugs Act 1975 offences

Question 13

S18 SaSA2012?

Answer 13

• enter and search places or vehicles for arms
• search person or anything in their possession for arms
• seize and detain any arms found
• seize and detain any licence

Question 14

S27 S&SA2012?

Answer 14

Search person for offensive weapons RGTS

Question 15

What is considered ‘unreasonable’ as per S21 BOA search and seizure?

Answer 15

• without, or in excess of, powers or authority
• in an unreasonable manner
• in bad faith

Question 16

What is considered ‘lawful’ in relation to S21 BOA search and seizure?

Answer 16

Under the S&S Act 2012 a lawful search is a search that is conducted:

• With a search warrant or
• Under a warrantless search power or
• With the person’s consent