Search And Surveillance 2012

Question 1

Section 14 - Emergency entry powers

Answer 1

RGTB an offence is being or is about to be committed, that would likely cause injury to any person, or serious damage to, or serious loss of any property OR there is a risk to the life or safety of any person that requires an emergency response.

Question 2

Section 7 - Enter and search to arrest

Answer 2

Allows you to enter a place or vehicle to search for and arrest a person if you have RGTB that person is unlawfully at large and RGTB the person is in the place or vehicle.

Question 3

To be unlawfully at large means a person who?

Answer 3

• Has an arrest warrant in force (including fines warrant)
• Has escaped from prison or is absent without leave; or
• Has escaped from lawful custody, or
• Is a special or restricted patient and has escaped or failed to return from leave
• Is a special care recipient and has escaped or failed to return from leave, or
• Is a young person who is the subject of a youth court custody order and is absconding from CYF custody

Question 4

Section 8 - Enter and search to arrest

Answer 4

Allows you to enter a place or vehicle to search for and arrest a person without a warrant if you have RGTS that person has committed an offence punishable by imprisonment and for which they may be arrested without a warrant

AND

RGTB that the person is there

AND

RGTB that if you do not enter immediately, the person will leave to avoid arrest or evidential material will be CADD.

Question 5

Section 131 - Obligations before or upon entry

Answer 5

• Identify yourself by name or QID
• Announce intention to enter and search under a statutory power
• Produce evidence of identity, if not in uniform

Question 6

Section 85 - Rub down search of arrested or detained person

Answer 6

You can use a rub down search to search for anything that can be used to harm any person or facilitate their escape

Question 7

Section 88 - Warrantless search of arrested person or detained person

Answer 7

You must have RGTB before you can use any reasonable search technique to search for evidential material related to the offence they have been arrested for, also anything that may be used to harm any person or facilitate their escape.

Question 8

Section 11 - Custody searches

Answer 8

Allows you to search a person who has been taken into lawful custody and is locked up.

Question 9

What is the purpose of Section 11?

Answer 9

To remove (for safekeeping) the money or property of a person in custody and to remove items that might be used to harm themselves or others.

Question 10

Section 125 - Obligations upon search of persons

Answer 10

• Identify yourself by name of QID
• Advise the person of the enactment under which the search is taking place
• Advise of the reason of the search, unless it is impracticable to do so
• Produce evidence of identity if not in uniform

Question 11

Section 13 - Property taken from persons in custody

Answer 11

A person released from custody and placed in another persons custody, their property must be delivered o the person or facility who is taking over custody, if practicable.

Question 12

Section 83 - Warrantless entry and search of a place after arrest

Answer 12

If you have arrested a person for an offence and have RGTB that evidential material relating to the offence is at a

PLACE

and will be CADD if entry is delayed to obtain a warrant. You may enter that PLACE to search for the evidential material.

Question 13

Section 84 - Warrantless entry and search of a vehicle after arrest

Answer 13

If you have arrested a person for an offence and have RGTB that evidential material relating to the offence is at a

VEHICLE

and will be CADD if entry is delayed to obtain a warrant. You may enter that VEHICLE to search for the evidential material.

Question 14

Offences punishable by imprisonment of 14 years or more include?

Answer 14

• Aggravated robbery
• Wounding with intent
• Arson
• Drug dealing (class A)
• Sexual violation
• Murder

Question 15

Section 15 - Entry and search of places

Answer 15

If you have RGTS an offence +14 years or more has been, is being or is about to be committed

AND

You have RGTB that evidential material in relation to that +14 offence is in that place

AND if entry is delayed to obtain a search warrant, the evidential material will be CADD

Then you may enter and search that place without a warrant

Question 16

Section 16 - Searching people in a public place

Answer 16

If you have RGTB that a person in a public place is in possession of evidential material relating to a +14 offence, you may search that person without a warrant

Question 17

Section 17 - Entry and search of vehicles in a public place

Answer 17

If you have RGTB that evidential material relating to a +14 offence is in or on a vehicle in a public place, you may enter and search that vehicle without a warrant

Question 18

What section contains the rules of obligations when searching people?

Answer 18

Section 125

Question 19

Which section contains the rules of obligations for notice requirements when searching places, vehicles and other things?

Answer 19

Section 131

Question 20

Section 18 - Warrantless search for arms

Answer 20

• Allows you to enter and search for arms in places or vehicles
• Search a person or anything in their possession or control, for arms
• Seize and detain any arms found
• Seize and detain any licence under the Arms Act 1983 that is found

Question 21

Section 29 - Warrantless search for stolen property

Answer 21

Allows you to search a vehicle for stolen property without a warrant if you have RGTB tat stolen property is in or on the vehicle. Only in a public place.

Question 22

Section 112 - Items of uncertain status

Answer 22

If you are carrying out a lawful search you may seize and remove items of uncertain status for off-site analysis to determine if you can lawfully seize it.

Question 23

Section 9 - Stopping a vehicle to find persons

Answer 23

Provides a power to stop a vehicle without warrant to arrest a person you have RGTS are unlawfully at large or has committed an imprisonable offence

Question 24

Section 10 - Powers once vehicle stopped

Answer 24

Once you have stopped the vehicle under Section 9, you may;

• Require that person to supply their details
• Search the vehicle to locate the person
• Search the vehicle for evidential material in relation to any offence for which the vehicle was stopped under Section 9, if that person has been arrested or is seen flee’ing from the vehicle