Search and Surveillance Act 2012

PhilandTracy Sayers
Flashcards by PhilandTracy Sayers, updated more than 1 year ago
PhilandTracy Sayers
Created by PhilandTracy Sayers about 6 years ago
25
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Flashcards on Search and Surveillance Act 2012, created by PhilandTracy Sayers on 06/09/2015.

Resource summary

Question Answer
What is unlawfully at large in the S & S Act? Warrant To Arrest Escaped from prison or custody Special patient escaped/fails to return YP subject to supervison with residence order absconds
Obligations of a S & S Search *ID yourself (provide ID if not uniform) *Announce intent to enter S & S act (if warrantless provide reason) and provide warrant. *Not required to do above if RGB no one lawfully present or complying would endanger safety, prejudice search or investigation.
Obligations of a S & S Search When warrant executed and no one is home *If occupant not present MUST -leave copy of S/W prominent place -leave written note of warrantless search inc. reason for search -if impractical to leave S/W or notice, within 7 day MUST supply notice including, date/time start and finish of search, O/C details, property schedule, reason and authority for search
S & S Act. When can you use reasonable force to enter *If no person lawfully present *Announcing intent to enter would: - endager safety -prejudice search or investigation -OR- Following a request person refuses entry or doesn't allow entry in reasonable time
S & S Act When searching a person what must you do? ID yourself (provide ID if not uniform) Advise act and reason for search Provide inventory promptly
When searching a person what MAY you do *DETAIN - long necessary to search *REASONABLE FORCE - (k9 obstruction) *USE ANY EQUIP - to facilitate search and is reasonable with min physical contact *SEIZE - anything in their poss/immediate. control * COPY - all/part any doc poss/imm control *ACCESS DEVICE - using reasonable measures to copy *PHOTO/RECORDINGS- drawings etc of anything carries/poss/immediate control if RGB it is relevant *ASK HELP - Dr/Nurse/Guardian if in interest of person searched *ASK HELP- another officer same sex for strip search
S & S Act Reporting use of Warrantless powers Online notification asap (by end of shift) MUST contain: -circumstances -reason for warrantless search -if evidential material seized -if criminal proceedings brought/considered
Should you make any note book entries regarding warrantless searches Yes. Record circumstances and reasons for the search. These notes may be useful for any court proceedings to explain decision making process.
S & S Act What powers are incidental to a search of places / vehicles / thing ENTER and SEARCH - place/vehicle/thing at any reasonable time REQUEST ASSISTANCE - from anyone. Constable must accompany assistant first entry and supervise in reasonable manner USE REASONABLE FORCE - on property only BRING & USE - trained enforcement dog and handler COPY - documents USE REASONABLE MEASURES - to access data on storage device COPY - data tangible/intangible TAKE - photos/video/drawings if RGB relevant to search
If it's impractical to advise a person being searched of your name / being searched pursuant to S and S act and the reason what should you do? Give those details after the search if it's impractical to do so beforehand.
Securing a place, vehicle or other thing to be searched. What may you do in a reasonable manner and reasonable time. - Secure the place, vehicle, thing being searched -Secure any area in/on that place/vehicle/thing -Secure any items found in/on that place/vehicle/thing
Securing a place, vehicle or other thing to be searched. If you believe a person will obstruct/hinder you what MAY you do in a reasonable timer and manner do? Exclude any person from place/veh/thing Exclude any person from the area within place/vehicle/thing Give any reasonable direction
Securing a place, vehicle or other thing to be searched. If exercising search power and person affected requests details what must you provide? ID by name/QID (f not uniform produce ID) State Act for search Reason for search unless impractical
What are the powers of detention incidental to a search of places and vehicles? If you need to determine any connection between a person at place or in/on vehicle and the object of the search you may: -detain any person in that place/vehicle at the start of the search or anyone who arrives at the place during the search - OR - stops at, enters or tries to enter the vehicle being searched
Powers of detention incidental to search of places and vehicles. When detaining a person during those searches what may you do? Detain for a reasonable period but no longer than duration of the search Use reasonable force to effect/continue their detention
Powers of detention incidental to search of places and vehicles. When detaining a person when does the detention start and what to do if they leave Detention starts when directed to remain and ends when told free to go be person exercising the power. If they leave w/o reasonable excuse arrest under S & S Act
Power to search a person in relation to a search of a place or vehicle Search anyone found at place in/on vehicle Anyone who arrives Anyone who stops at, enters/tries to enter or get in or on vehicle IF EITHER- RGB evidential material you are searching for is on the person - OR - RGS person has in their possession a dangerous item posing a threat to safety and BELIEVE immediate action needed to address that threat
Power to search a person in relation to a search of a place or vehicle. You MUST return any item seized to the person it was seized from in what circumstances Once the search is completed You are satisfied no longer a threat to safety (However it is not to be returned if possession of item is an offence)
S & S Act Warrantless emergency powers Entry to prevent offences or respond to risk to life or safety RGS entry necessary to to place / vehicle offence being/about to be committed -or- to avoid emergency (risk of life/safety) that would cause injury to any person or; serious damage/loss of property -may enter place/vehicle w/o warrant; take any action necessary to prevent offending or avert emergency
S & S Act Warrantless powers - wanted persons Entry without warrant to arrest a person unlawfully at large RGS person U/L at large - AND - RGB person in place/vehicle May enter without warrant to arrest
S & S Act Warrantless powers Entry without warrant to arrest avoid loss of offender or evidential material RGS - person committed offence punishable by imprisonment - AND- RGB person in place / vehicle RGB entry not effected immediately either/both - person may leave to avoid arrest OR- evidential material relating to offence person to be arrested for will be C.A.D.D NO POWER TO SEARCH FOR THE EVIDENTIAL MATERIAL
S & S Act - Vehicle Stops Stop a vehicle to find a person unlawfully at large or who has committed imprisonable offences RGS person U/L at large -or- has committed offence punishable prison AND RGB person in/on vehicle MAY stop without warrant to arrest
S & S Act - Vehicle Stops Obligations of a vehicle stop MUST: Wearing uniform/badge of authority (if not in uniform produce ID) - or- Following immediately behind lights and / or siren
S & S Act - Vehicle Stops Power and duties of Constable after vehicle stopped Require ANY person in vehicle to supply name/add/contact details and DOB -if- RGS they unlawfully at large -or- committed offence punishable by prison. MAY ALSO: search vehicle to find U/L at large person or locate evidential material in relation to offence of which vehicle stopped if the person sought was arrested or was seen fleeing the vehicle IF THE DRIVER IS NOT THE PERSON THE VEHICLE STOPPED FOR MUST TELL DRIVER OBJECT OF SEARCH BEFORE SEARCHING
S & S Act - Vehicle Stops Stop a vehicle with and without warrant to search If satisfied there are reasonable grounds to conduct a warrantless search under S & S act you may stop a vehicle to conduct the search s121(1). If you are satisfied there is a warrant issued and in force you may stop the vehicle to execute the warrant
S & S Act - Vehicle Stops If exercising a power to stop a vehicle to search you must on request provide what info to any person affected by the stop ID yourself by name or QID (ID if not in uniform) State Act of search power and the reason for the search unless impracticable
S & S Act - Vehicle Stops Duty to remain stopped If you exercise a power to stop/search a vehicle you MAY require the vehicle to remain stopped as long as reasonably necessary to exercise search power in relation to the vehicle/occupants
S & S Act - Arms Act Warrantless searches related to firearms RGS person carrying/possess/control AND; - breaching Arms Act (or) -physical/mental condition renders them incapable of proper control (or) -physical/mental condition they may kill/ injure any person (or) -they are a respondent to a PO (or) -there are grounds for a PO to be granted (or) - PSO in force MAY: -search person and anything in their poss/control (including a vehicle) - Enter a place/vehicle to search person/anything poss/control -seize detain firearms (includes ammo) and licence
Searching people in public places without warrant for weapons (previous 202B search) RGS person in public place with a weapon May search w/o warrant
Searching vehicle without warrant for weapons (previous 202B search) If RGS person in vehicle (or exited vehicle) has a weapon in a public place -AND- the vehicle contains a knife/offensive weapon or disabling substance, may search vehicle without warrant
Searching vehicle without warrant for stolen property RGB there is stolen property in vehicle may search vehicle without warrant If vehicle in public place, if in private property seek warrant or alternative warrantless search power
Searching a place without warrant for Evidential Material RGS offence (+14yrs) has/is/about to be committed RGB evidential material at place or vehicle at that place -and- if entry delayed to obtain S/W will be CADD Enter and search w/o warrant
Searching for persons in public place without warrant for evidential material relating to offences over 14yrs If person in public place and RGB person possession of evidential material relating to offence (+14yrs) May search w/o warrant
Warrantless entry and search of a vehicle for evidential material for certain offences If vehicle in public place and RGB evidential material of offence +14yrs is in or on that vehicle Enter and search w/o warrant (public place only)
Powers incidental to arrest or detention Entry without warrant after arrest (believe evidence of offence at an address) If arrested a person and RGB that evidential material relating to the offence for which person arrested is at a place - AND - if entry delayed to obtain a S/W that evidential material CADD may enter w/o warrant to search for that evidential material (doesn't matter if the person was arrested there or not)
Warrantless entry and search of a vehicle after arrest Evidential material in vehicle after arrest If arrested a person and RGB evidential material relating to the offence arrested for is in/on a vehicle (p/place) May enter and search for the evidential material (whether or not person arrested was with the vehicle)
ROAD BLOCKS Obtaining authority for a warrantless road block Acting Sgt or above has RGB in/on vehicle a person they have RGS -committed offence punish prison -is unlawfully at large -AND- RGS vehicle will travel past road block -AND- Satisfied safety of other road users ensured - may establish block
Authorised road blocks implemented without a warrant. When a road block is authorised what may you do? -Establish the block at a place specified in the authorisation - Stop vehicles in/at vicinity - require any person in/on vehicle stopped who you have RGS committed offence punishable prison, to state identifying particulars -search vehicle to locate person
Authorised road blocks implemented without a warrant. What must the person who gives a road block authorisation record Location of the road block Period authorisation granted or renewed Grounds for authorisation being granted or renewed
Seizure of items in plain view Items of unsure status If exercising a search power (person/place/thing) AND - you are uncertain whether any items may be lawfully seized AND -not reasonably practical to determine if it can be seized at place/vehicle MAY remove item for analysis/exam to determine if can be lawfully seized.
Seizure of items in plain view. If exercising a search power or lawful search or lawfully at place/vehicle May seize any items in course of carrying out the search - OR - observe in/on place/vehicle AND RGB you could have seized the item under a S/W or any search power
Consent searches General rule for consent searches If you have a statutory power to search a person / vehicle / place / thing MUST use the statutory power within S & S Act
Consent searches When may you conduct a consent search? To prevent commission of an offence To investigate an offence committed To protect life or property To prevent injury or harm
Consent searches What may you ask a person to consent to a search of? Themselves - place - vehicle - thing apparantly in their control
Consent searches What advise must be given before a consent search Advise the person of the reason for the search Advise the person they may refuse to give consent
Consent searches. Circumstances where search is lawful - a consent search is NOT lawful when... Not for an appropriate purpose (offences, protect life/injury/harm etc Fail to give required advise consent given by a person doesn't have authority to consent
Consent searches Can a 14 year old consent of a place / vehicle / thing? NO except... A person under 14yrs driving a vehicle can consent to a search of the vehicle IF -there are no passengers over 14yrs who have authority for the vehicle who are able to consent to the search
What are the exceptions to the consent search rules Condition of entry to public/private place Search conducted with stat authority Affect rule of law relating to implied licence to enter property
Search of arrested or detained persons The rub down search - When can you carry it out The person is arrested - OR - detained under a statutory power of detention To ensure they are not carrying anything that may be used to harm any person or facilitate their escape
Search of arrested or detained persons The rub down search - Should you do it? Should be carried out on ALL persons arrested/detained before placing into a secure area. No requirement for online notification
Search of arrested or detained persons The rub down search what is the process; what may you do Run/pat hand over body/clothing (except underclothing) Insert hand inside pockets/pouch MAY ALSO require person to -open mouth -display hands/feet rub/lift hair
Search of arrested or detained persons The rub down search - what can you do to facilitate a rub down search Remove/lift open clothing remove head covering, gloves socks etc Items carried/possession of person being searched may also be included in search (eg a bag) but doesn't extend to a vehicle MUST not insert thing into any orifice may use a light to illuminate ears/nose/ mouth
Warrantless search of persons arrested or detained for evidential material May search pursuant to arrest/detention if RGB person is carrying anything that is: -evidential material relating to arrest (includes scars/tattoos marks etc) -may be used to harm any person -may facilitate escape (No online notification required)
Custody search Warrantless search of people who are/are being locked up in police custody May conduct warrantless search at police station (other place used as such) -may search before person locked up -may search after locked up RGS they have been close to another person not locked up -RGS close to person locked up but not searched -RGB person may have anything used to harm anyone
Property taken from people locked up in police custody. If you take money/property what must you do with it? Must be returned UNLESS money/property will be evidence in proceedings against that person - OR - Possession of the money / property constitutes an offence.
Property taken from people locked up in police custody. If the person you take money/property from is being placed into the custody of another person what do you do with the money/property? Must deliver it to the person taking over custody -OR- the person in charge of the facility UNLESS; Evidence in proceedings or possession of item is an offence
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