Search and Surveillance Act 2012

What is unlawfully at large in the S & S Act?

Obligations of a S & S Search

Obligations of a S & S Search

When warrant executed and no one is home

S & S Act.

When can you use reasonable force to enter

S & S Act
When searching a person what must you do?

When searching a person what MAY you do

S & S Act
Reporting use of Warrantless powers

Should you make any note book entries regarding warrantless searches

S & S Act
What powers are incidental to a search of places / vehicles / thing

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?

Securing a place, vehicle or other thing to be searched.

What may you do in a reasonable manner and reasonable time.

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?

Securing a place, vehicle or other thing to be searched.

If exercising search power and person affected requests details what must you provide?

What are the powers of detention incidental to a search of places and vehicles?

Powers of detention incidental to search of places and vehicles.

When detaining a person during those searches what may you do?

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

Power to search a person in relation to a search of a place or vehicle

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

S & S Act
Warrantless emergency powers

Entry to prevent offences or respond to risk to life or safety

S & S Act
Warrantless powers - wanted persons

Entry without warrant to arrest a person unlawfully at large

S & S Act
Warrantless powers

Entry without warrant to arrest avoid loss of offender or evidential material

S & S Act - Vehicle Stops

Stop a vehicle to find a person unlawfully at large or who has committed imprisonable offences

S & S Act - Vehicle Stops

Obligations of a vehicle stop

S & S Act - Vehicle Stops

Power and duties of Constable after vehicle stopped

S & S Act - Vehicle Stops

Stop a vehicle with and without warrant to search

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

S & S Act - Vehicle Stops

Duty to remain stopped

S & S Act - Arms Act

Warrantless searches related to firearms

Searching people in public places without warrant for weapons
(previous 202B search)

Searching vehicle without warrant
for weapons
(previous 202B search)

Searching vehicle without warrant
for stolen property

Searching a place without warrant for
Evidential Material

Searching for persons in public place without warrant for evidential material relating to offences over 14yrs

Warrantless entry and search of a vehicle for evidential material for certain offences

Powers incidental to arrest or detention

Entry without warrant after arrest

(believe evidence of offence at an address)

Warrantless entry and search of a vehicle after arrest

Evidential material in vehicle after arrest

ROAD BLOCKS

Obtaining authority for a
warrantless road block

Authorised road blocks implemented without a warrant.

When a road block is authorised what may you do?

Authorised road blocks implemented without a warrant.

What must the person who gives a road block authorisation record

Seizure of items in plain view

Items of unsure status

Seizure of items in plain view.

If exercising a search power or lawful search or lawfully at place/vehicle

Consent searches

General rule for consent searches

Consent searches

When may you conduct a consent search?

Consent searches

What may you ask a person to consent to a search of?

Consent searches

What advise must be given before a consent search

Consent searches.

Circumstances where search is lawful - a consent search is NOT lawful when...

Consent searches

Can a 14 year old consent of a place / vehicle / thing?

What are the exceptions
to the consent search rules

Search of arrested or detained persons

The rub down search - When can you carry it out

Search of arrested or detained persons

The rub down search - Should you do it?

Search of arrested or detained persons

The rub down search
what is the process; what may you do

Search of arrested or detained persons

The rub down search - what can you do to facilitate a rub down search

Warrantless search of persons arrested or detained for evidential material

Custody search

Warrantless search of people who are/are being locked up in police custody

Property taken from people locked up in police custody.

If you take money/property what must you do with it?

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?