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Question 1

Section 5

What is the purpose of the search and surveillance act 2012?

Answer 1

• Modernizing the law of search, seizure, and surveillance to take into account advances in technologies and to regulate the use of those technologies.
• Providing rules that recognize the importance of the rights and elements affirmed in other enactments.
• ensuring investigative tools are effective are adequate for law enforcement needs.

Question 2

How to comply with Section 5

To meet its objectives and obligations when carrying out entries, searches, inspections, productions, examinations, seizures, road blocks and stopping vehicles, police will:

Answer 2

• Only seize what police are lawfully entitled to seize.
• Provide appropriate announcements and identification in the exercise of those powers.
• Satisfy requirements detailed in the Act (eg notice and inventory requirements after search and seizure)
• Conduct risk assessments when planning the exercise of those powers and take action to mitigate risks to protect the safety of the public and employees carrying out the Act’s powers.
• Ensure it has a lawful authority to conduct such activities and exercise any other incidental power in relation to those activities, including the use of force.

Question 3

Reasonable Grounds to Suspect

Answer 3

Reasonable grounds to suspect means having a sound basis for suspecting a situation or circumstances exist.

eg . you enter a house or vehicle because you suspect an offence has been, is being or is about to be committed there.

Question 4

Reasonable Grounds to Believe

Answer 4

Reasonable grounds to believe means having a sound basis for believing a situation or circumstances exist.

eg . you enter and search a house or vehicle, or search a person because you believe that a search will find the evidential material you are looking for.

Question 5

Once you have formed a belief of suspicion what must you do:

Answer 5

• Record your reasonable grounds for using a search power in your notebook. This is your decision log.
• report on your decision to use a power and your grounds for using it.
• Justify your use of power in court or other formal proceedings.

Question 6

To undertake a warrantless search of a person for a controlled drug (S&S 22) you must:

Answer 6

• Have RGTS that an offence against the misuse of drugs act 1975 has been, or is being or is about to be committed, in respect of that controlled drug or precusor substance. and
• Have RGTB that a person is in possession of a controlled drug or precursor substance.

Question 7

What is a lawful search?

Answer 7

A search that is conducted:

• With a search warrant.
• Under a warrantless search power.
• With a persons consent.

Question 8

What is a reasonable search?

Answer 8

• Complies with section 21 of the NZ bill of rights act and considers factors such as
• the nature of the search.
• how intrusive the search is.
• Where and when the search takes place.

Question 9

Why use a search warrant?

Answer 9

• Ensures judicial oversight.
• Provides greater protection for police and the public.
• Requires recording and reporting of results.

Question 10

Before you conduct a search by consent you must determine that that the search is for one of the following reasons?
Section 92

Answer 10

• To prevent the commission of an offence.
• To investigate whether an offence has been committed.
• To protect life or property.
• To prevent injury or harm.

Question 11

Before conducting a consent search you must advise the person from whom the consent is sought:

Answer 11

• Of the reason for the proposed search and
• the may consent or refuse to consent to the search.

a person who consents to the search of themselves, place, vehicle or thing in their control may withdraw consent at any time. If this occurs, stop the search immediately unless you can invoke a warrantless search.

Question 12

Can a 14 year old consent to a search.

Answer 12

A 14 year old is unable to consent to a search of a place vehicle or other thing (unless found driving with no passengers of or over 14 years of age with authority to consent to the vehicles search.)

Question 13

Example of CONCEALED

Answer 13

Burying or hiding items in another place or removing them

Question 14

Example of ALTERED

Answer 14

By changing or removing serial numbers from stolen property in an attempt to hide it.

Question 15

Example of DAMAGED

Answer 15

By cutting out the firewall of a stolen car to remove an identifying feature.

Question 16

Example of DESTROYED

Answer 16

By consuming food, alcohol, or drugs, burning clothes

Question 17

What are your obligations under section 31 of the Search and Surveillance Act 2012

6 obligations

Answer 17

• Identify yourself by name or unique identifier (QID)
• Provide evidence of identity if not in uniform.
• Announce your intention to enter and search.
• State the name of the Act.
• Give notice by providing a copy of the search warrant.
• Any person you have detained for the purpose of the a search must be cautioned with the bill of rights.

Question 18

You do not have to comply with requirements on initial entry if you have RGTB this would:

Answer 18

• Endanger an persons safety.
• Prejudice the successful use of the entry and search power.
• Prejudice on going investigations

Question 19

Under S and S do you need to report on a consent search.

Answer 19

No

Question 20

Definition of Tangible

Answer 20

Something that can be touched.

Knife, Car, Weapon

Question 21

Definition of intagible

Answer 21

Unable to be touch, not having a physical presence.

Phone records, data

Question 22

What if a person refuses to allow entry when exercising a search power?

Answer 22

If you are exercising a warrant or warrantless search power under the act you are entitled to use reasonable force to enter if the person refuses entry or does not allow entry within a reasonable time following the request.