Police Powers: Sections 19-21

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Questions and Answers

Under Section 19, which action is permissible for officers entering a property to make inquiries?

  • Entering the property at any time, regardless of the occupier's presence.
  • Using any level of force necessary to gain entry.
  • Entering the yard to make inquiries without the owner's consent. (correct)
  • Entering the dwelling without consent to conduct interviews.

According to Section 20, what should officers primarily consider when determining 'a reasonable time to stay on a place'?

  • The officer's personal convenience and availability.
  • The urgency dictated by their commanding officer.
  • Whether they have enough time to accomplish their necessary tasks. (correct)
  • The occupier's expressed wishes regarding their departure.

Under what circumstance does Section 21 permit officers to enter a dwelling without the occupier's consent?

  • To provide emergency assistance to someone inside.
  • To arrest or detain a person. (correct)
  • To enforce a warrant related to a property dispute.
  • To conduct a general search for evidence related to any crime.

According to Section 29, what condition must be met for officers to search a person without a warrant?

<p>The officer has a reasonable suspicion that prescribed circumstances exist. (C)</p> Signup and view all the answers

Which of the following circumstances, as outlined in Section 30, would justify searching a person without a warrant?

<p>The person is carrying a weapon in relevant circumstances. (D)</p> Signup and view all the answers

According to Section 31, what is the threshold for an officer to search a vehicle without a warrant?

<p>Reasonable suspicion of prescribed circumstances. (C)</p> Signup and view all the answers

Which of the following is a 'prescribed circumstance' under Section 32 that allows officers to search a vehicle without a warrant?

<p>Evidence of commission of a 7-year imprisonment offence. (A)</p> Signup and view all the answers

Under Section 40, when can a person be required to state their name and address?

<p>Only in prescribed circumstances. (D)</p> Signup and view all the answers

According to Section 41, in what scenario is a police officer permitted to require a person to provide their name and address?

<p>When the officer finds the person committing an offence. (D)</p> Signup and view all the answers

What power does Section 60 grant to police officers regarding vehicles?

<p>The power to stop a vehicle for a prescribed purpose as outlined in the section. (C)</p> Signup and view all the answers

Under Section 365(1), for what reason can an officer make an arrest without a warrant?

<p>For all offences. (B)</p> Signup and view all the answers

According to Section 365(2), under what specific circumstance can an officer arrest someone without a warrant?

<p>To investigate or question about an indictable offense. (B)</p> Signup and view all the answers

Which of the following best describes the power granted under Section 365A?

<p>The power to arrest without warrant upon instruction from another police officer. (D)</p> Signup and view all the answers

Under which section can police enter a property to serve documents?

<p>Section 19 (B)</p> Signup and view all the answers

Which of the following actions is permissible when entering a property under Section 19?

<p>Using minimal force, such as opening an unlocked door. (B)</p> Signup and view all the answers

What is the primary consideration for officers when deciding how long to stay on a property under Section 20?

<p>The number of tasks they need to complete. (A)</p> Signup and view all the answers

In relation to Section 30, which situation justifies searching a person without a warrant?

<p>The person is in possession of stolen property. (B)</p> Signup and view all the answers

Section 32 outlines circumstances for searching a vehicle without a warrant. Which of the following aligns with this section?

<p>Evidence of commission of a 7-year imprisonment offence. (A)</p> Signup and view all the answers

According to Section 41, in addition to finding a person committing an offense, what other situations allow an officer to require a person to state their name and address?

<p>A police officer reasonably suspects the person has committed an offence, including an extradition offence. (B)</p> Signup and view all the answers

Under Section 365, what is a key condition related to arrest without warrant for questioning?

<p>A person is not arrested for questioning but for the substantive offense. (A)</p> Signup and view all the answers

Flashcards

Section 19 Power

Enter a place to make inquiries, investigate, or serve documents, but do not enter a dwelling.

Section 20: Reasonable time to stay

Officers have enough time to do what they have to do but should not stay unnecessarily.

Section 21 Power

Allows entry to arrest without a warrant, including dwellings, and to stop vehicles for arrest.

Section 29: Searching Persons

Allows searches if officers reasonably suspect prescribed circumstances.

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Section 30: Prescribed Circumstances

Carrying a weapon, drug possession, stolen property, or evidence of a 7-year imprisonment offence.

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Section 31: Searching Vehicles

Allows warrantless vehicle searches based on reasonable suspicion of prescribed circumstances.

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Section 32: Vehicle Circumstances

Evidence of a 7-year imprisonment offence, drug possession, or stolen property.

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Section 40: State Name and Address

Requires evidence of the correctness of the stated name and address

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Section 41: Circumstances for Name

When a police officer finds someone committing an offence, reasonably suspects they have committed an offence, or is about to take the person's identifying particulars.

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Section 60: Stopping Vehicles

Gives police power to stop a vehicle for a prescribed purpose

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Section 365: Arrest Without Warrant

Covers arrest without a warrant for all offences and for questioning about indictable offences.

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Section 365A: Arrest Instruction

Arrest without warrant upon instruction from another police officer

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Study Notes

  • The PPRA outlines powers commonly used by law enforcement.

Section 19: General Power to Enter

  • Provides the authority to enter a place for inquiries, investigations, or serving documents.
  • Entering a dwelling is not permitted under this section.
  • Entering property that is not occupied is permitted such as a yard
  • Officers may enter property (not the house) without the owner's consent.
  • Minimal force is authorized to enter, like opening an unlocked door.

Section 20: Reasonable Time to Stay

  • Officers are allowed adequate time to fulfill their duties.
  • Officers can not stay unnecessarily.

Section 21: Power to Enter for Arrest/Detention

  • Enables entry to arrest someone or enforce a warrant.
  • Entering a dwelling without consent is allowed to arrest or detain an individual.
  • If a vehicle is involved, it can be stopped, detained, and entered to arrest or detain a person.
  • Reference the relevant section for comprehensive details, including subsections.

Section 29: Searching Persons Without a Warrant

  • Allows searching a person if reasonable suspicion of prescribed circumstances exists.

Section 30: Prescribed Circumstances for Searching Persons

  • Includes carrying a weapon.
  • Includes the possession of unlawful dangerous drugs.
  • Includes possession of stolen property.
  • Includes evidence of a 7-year imprisonment offence.

Section 31: Searching Vehicles Without a Warrant

  • Authorizes searching a vehicle and its contents if reasonable suspicion of prescribed circumstances exists.

Section 32: Prescribed Circumstances for Searching Vehicles

  • Includes evidence of a commission of a 7-year imprisonment offence.
  • Includes the possession of unlawful dangerous drugs.
  • Includes possession of stolen property.

Section 40: Requiring Name and Address

  • Allows requiring proof of name and address correctness under prescribed circumstances.

Section 41: Prescribed Circumstances for Requiring Name and Address

  • When a police officer witnesses the offense.
  • When a police officer suspects the person has committed an offense, including an extradition offence.
  • An officer is about to take the person's identifying particulars under an identifying particulars notice or a court order made under section 471 or 514.

Section 60: Stopping Vehicles

  • Grants the power to stop vehicles for specific prescribed purposes.

Section 365: Arrest Without Warrant

  • Section 365(1) allows arrest without a warrant for any offence.
  • Section 365(2) allows arrest without a warrant to investigate or question indictable offences.
  • NOTE: a person is not arrested for questioning but for the substantive offence

Section 365A: Arrest on Instruction

  • Permits arrest without a warrant based on instructions from another police officer.

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