SS02 Places, Vehicles, Other Thing Flashcards

1
Q

S131 S&SA2012?

A

Identification and Notice Requirement

Reason
Act
Intention (to enter and search)
Name

Use reasonable grounds to enter
Before or on initial entry

Exceptions include -

  • if we have RGTBelieve nobody is home
  • RGTBelieve it would be unsafe to do so
  • it would prejudice the successful execution of the search
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2
Q

S110 S&SA2012?

A

Incidental Powers

a) to ENTER and SEARCH
b) request ASSISTANCE
c) use REASONABLE FORCE to any property
d) SEIZE subject of the search and lawful seizure
e) bring and use EQUIPMENT, our own or on the property, including electricity
f) bring and use enforcement DOG
g) COPY DOCUMENTS(lawful)
h) use reasonable measures to access COMPUTER systems, DATA storage etc
j) take PHOTOS and VIDEOS

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3
Q

S133 S&SA2012?

A

133 what did I take with me

Inventory Requirements

  • Must leave an inventory sheet notifying of what was seized
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4
Q

S123 S&SA2012?

A

123 property I see

Seizure of items in plain view

STOP and consider, If I had known this was here, could I have -

  • got a search warrant?
  • gone into the place or vehicle with a warrantless search power?

If yes, seize the item.

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5
Q

S7 S&SA2012?

A

Entry without warrant to arrest person unlawfully at large

  • suspect the person is unlawfully at large; and
  • believe that person is in the place or vehicle

• unlawfully at large (prison, police custody, police vehicle, warrant to arrest)

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6
Q

S8 S&SA2012?

A

Warrantless entry to search for person who has committed an imprisonable offence

• with intention to arrest that person

1 of

  • suspect that person COMMITED an imprisonable OFFENCE, and
  • BELIEVE the person IS IN the place or vehicle
  • BELIEVE that if we don’t go in and arrest them now they will leave to AVOID arrest; and/or
  • believe that CADD will occur

CAN ONLY SEARCH WHERE A PERSON WOULD BE

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7
Q

What does CADD mean?

A

Concealed
Altered
Damaged
Destroyed

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8
Q

S83 S&SA2012?

A

Enter and search a place for evidential material relating to an arrest

Must

  • can’t use 83 unless we have an arrest; and
  • we believe CADD will occur

Only officers involved in the arrest can do S83 and S84

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9
Q

S84 S&SA2012?

A

Entry and search of vehicle

  • if we have RGTBelieve that evidential material relating to the offence for which the person was arrested is in or on a vehicle.
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10
Q

S29 S&SA2012?

A

Search for stolen property

  • in a vehicle if you have RGTBelieve
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11
Q

S169 S&SA2012?

A

169 Reporting time

Report use of warrantless power (enter and search, surveillance)

Before end of shift, as soon as practicable.

Not applicable

a) S85, S88 rubdown
b) S11 custody search
c) power of entry does not include search
d) consent search

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12
Q

S14 S&SA2012?

A

14 emergency kick down your door

Warrantless entry to prevent offences or respond to risk of life or safety

  • any place or vehicle
  • prevent an offence being committed, or likely to be committed, likely to cause
    • injury to any person
    or
    • serious damage to, or serious loss of, any property.
  • there is a risk to the life or safety of any person that requires an emergency response
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13
Q

S117 S&SA2012?

A

117 Between 5 and 11

Allows you to secure a place or vehicle for 6 hours when a search warrant is being applied for

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14
Q

What is S120? SaSA

A

Whilst in fresh pursuit, and with RGTB that relevant evidential material is still on the person, you have the power to enter and place to apprehend the person and search the person or vehicle

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15
Q

S20 SaSA2012?

A

Search places and vehicles in relation to some MODA 1975 offences

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16
Q

S18 S&SA2012?

A
  • 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
17
Q

S28 S&SA2012?

A

Search vehicle for offensive weapons RGTS

18
Q

S112 S&SA2012?

A

Removal of items of uncertain status in certain circumstances - if you are unsure whether it can be lawfully seized or not. Must be within the scope of your original search

19
Q

Pol1275

A

Notice to occupier of place or person in charge of vehicle or other thing