106 Flashcards
What is a Surveillance device
an interception devicea tracking devicea visual surveillance device
When to apply for a search warrant
If you do not believe that the delay involved in obtaining a search warrant will make it impracticable to achieve your purpose
When to use warrantless powers
If you believe that the immediate exercise of the power is necessary to achieve its purpose - obtaining evidence protecting life or safety or arresting a person
When to undertake a consent search
Is not the most desirable action. Consent can be withdrawn at any time
If no one present when search completed what must be done
Copy of search warrant leftIf warrantless search then leave written notice (pol) stating act reason for the search If not practicable then it must be supplied no later than 7 days after the search Must include: Date/time of start and finishName / IDwhether anything been seizedauthority and reason for seizurean inentory of items taken
How long can you detain someone when searching a person
as long a necessary to carry out the search
When must you report the use of a warrantless power
As soon as possibleMust include: short summary, the reasons for exercising the warrantless power, whether any evidential material was seized any criminal proceedings brought or are being consideredPolice policy states that online notifications shall be completed by the end of shift
You do not need to report
A search of a person following an arrestA search of person in lawful custody
Securing a place vehicle or other thing to be search you may
secure the place vehicle or other thing, secure any area within the place etc secure any items found in etc in a reasonable manner and for a reasonable duration(secure means to freeze control preserve)
Entry without warrant to arrest person unlawfully at large- s7
If you have reasonable grounds to suspect that the person is unlawfully at large and to believe that the person is in a place or vehicle - you may enter without warrant to search and arrest
Entry without warrant to avoid loss of offender or evidential material - s8
If you have reasonable grounds to suspect that a person committed an offence punishable by imprisonment and believe that the person is in that place or vehicle and believe that if entry is not effected immediately either or both may occur The person will leaveEvidential material CADD
s9
Stopping a vehicle to find persons unlawfully at largereasonable grounds to suspect that a person is unlawfully at large has committed and offence punishable by imprisonment and you have reasonable grounds to believe that person in the vehicle.
s21 Warrantless search of people found in or on places or vehicles
if you conduct a search of a place or vehicle under s20 you may search any person found in or on - may use force that is reasonable for the purpose of that search
Who can authorise a road block under S&S
Senior Constable. For this senior constables means a constable who holds the rank of sergeant or higher and includes any constable who is acting.
s30 - Warrantless roadblocks
has reasonable grounds to believe that in or on a vehicle there is a person who that have reasonable grounds to suspect has committed and offence punishable by imprisonment or is unlawfully at large and has reasonable grounds to suspect that the vehicle will travel past the place where the road block is proposed and is satisfied the safety of all road users will be ensured
s112 - Seizure of items of uncertain status and in plain view
Exercising a search power and you are uncertain whether any item found may be lawfully seized and it is not reasonable practicable to determine when search takes place you may remove the item for analysis or examination
s123 - seizure of items in plain view
As part of your duties exercise a search power or conducting a lawful search of a person or are lawfully in any place or in or on a vehicle you may seize any items you (or anyone assisting you) find in the course of carrying out the search or as a result of observations at that place or in or on the vehicle and you have reasonable grounds to believe that you could seize the item under and search warrant that you could have obtained or any other search power you may exercise
Who can issue a search warrant, who are issuing officers
District court judgeHigh court judgeA JPCommunity magistrateor registrar or deputy registrar who has been authorised by the attorney general
When can a search warrant be issued
When the issuing officer has reasonable grounds to suspect that an offence specified in the application and punishable by imprisonment has been is being or will be committed andbelieve that a search will locate evidential material relating to the offence specified
Can oral applications for search warrants be given
yes
When does a search warrant report be completed by
report on the execution of a search warrant as soon a practicable preferably before the end of shift and generally no later than 3 days after the power has been exercised
Do you need to complete an issuing officer report
only if requested and within the time frame specified by the issuing officer
What is the period for which the warrant is sought
normally 14 days from the date of issue, but may be up to 30 days where applied for and authorised by the issuing officer
Can you request to be able to execute the search warrant on more than one occasion
yes, but must state the reasons why you believe this is necessary
CHIS and search warrants
The issuing officer must not request the applicant to disclose the name, the address any other identifying detail of an informantunlessthe such information is necessary for the issuing officer to assess either The credibility of the informant and/orwhether there is a proper basis for issuing the warrant
s117 - Special power when search warrant is pending
the application has not yet been granted or refused an you believe that before the search warrant can be issued evidential material may be CADD or removedenter and secure secure any itemsdirect any person to assistMay only exercise powers under 117 until the following occursthe expiry of 6 hours after the power was first exercisedthe search warrant is availablethe application has been refused
If you have a stat power to search should you use it if you also have consent
always use stat power if available
Purposes for consent search
to prevent commission of offenceto investigate whether an offence has been committedto protect life or propertyto prevent injury or harm
What may you ask a person to consent a search of
Themselves a placea vehiclea thing under their apparent control
Advise for consent search
determine that the search is for a purposeadvise the person of the reasonadvise the person they may either consent or refuse
When is a consent search unlawful
it is not for a purpose set out in the actyou fail to give the required adviceconsent if given by a person who does not have authority
Can a person under 14 years consent to a search
No, unless they are driving a vehicle and there are no passengers over 14 who has authority over the vehicle and is able to consent to the search
Seized or produced things may be held in police custody until the first of the following occurs
Decision not to bring proceedingsThe item is forfeited to the crown or any other personThe district court orders releaseProceedings have not started within 6 months of the seizure and the person has requested its return (application for an extension can be made) Proceedings are withdrawn or dismissedIs disposed of as an unlawful item
Do you have to report on production orders
no, there is no requirement
When a Surveillance device warrant is required (times of observations)
The observation is more than 3 hours in a 24 hr period or 8 hours in total
Do you need a surveillance device warrant when making a covert audio recording of communication between two or more people if one person consents
No
When must you report to a judge about the use of the surveillance warrant
Within a month of the last day the surveillance device was used
What is a declaratory order
An order a judge uses to test new procedures, most likely for new technologies. Provides a way of testing the reasonableness of a new investigative technique
What is an examination order
Is a court order requiring a person to answer questions where they have previously offered an opportunity and declined
U/l at large defined by search and surveillance
Has an arrest weta (excluding fines weta)Has escaped from prison or is absent without leaveHas escaped from lawful custodyIs a special patient or is a restricted patient and has escaped or failed to return from leaveIs a care recipient or special care recipient and has escaped or failed to return from leaveIs a young person who is subject of a youth court supervision with residence order and they are abscond owning from cyfs custody
When considering any search, you must, where ever possible do what?
1 - Apply for a search warrant2 - Use warrantless powers3 - Undertake a consent search
What would most likely happen if you conducted an unlawful search?
Any evidence gathered may not be admissible.
When should you apply for a search warrant?
If you do not believe that the delay involved in obtaining a search warrant will make it impractical to achieve your purpose in exercising the power, then you must apply for a search warrant.
When should you use warrantless powers?
If you believe that the immediate exercise of the power is necessary to achieve its purpose then you should use the relevant warrantless power.
When should you conduct a consent search?
A consent search is not the most desirable action. This is because consent can be withdrawn at any time. If not conducted in accordance with the Act, and for the purposes outlined in the Act, a consent search may be unlawful.
Section 91 with reference to consent searches tells us what?
If you have a statutory power to search a person, vehicle, place or thing then you must use the statutory powers contained within the Search and Surveillance Act 2012.
To use a search power form the Search and Surveillance Act 2012 you must record what before you conduct any search?
You must record your reasonable grounds to suspect/or believe that were known at the time a warrantless power was used. You may need rely on this record in court.
When using a search power to search a, place, vehicle or thing what must you inform the owner/occupier/person in charge?
The reason for the search, who is invoking the power and searching, what authority gives them the power to search, and what the search is looking for.
Under section 7, we are given the warantless power to do what?
Enter and search when effecting an arrest.
What must an officer have before they can invoke this power? (7)
- Suspect that a person is unlawfully at large; and- to believe that the person is there
What power does section 7 give once it has been invoked?
The power to;- Enter the place or vehicle without warrant- Search the place or vehicle for the person for the purpose of arresting them.
Under section 8, we are given the warrantless power to do what?
Enter to avoid loss of offender or evidential material
What must an officer have before they can invoke this power? (8)
You must have reasonable grounds to suspect;- A person has committed an offence punishable by imprisonment and for which they may be arrested without warrantAnd reasonable grounds to believe;- The person is in or on the place or vehicle, and- if entry is not effected immediately:- the person will leave to avoid arrest, or- evidential material relating to the offending for which the person is to be arrested will be destroyed, concealed, altered, or damaged.
What power does section 8 give once it has been invoked?
The power to;- Enter the place or vehicle without warrant- Search the place or vehicle for the person for the purpose of arresting them.This power does not give you the power to search for evidential material.
Under Section 9, we are given the warrantless power to do what?
Stop a vehicle to find person unlawfully at large or who have committed certain offences (Imprisonable offences)
What must an officer have before they can invoke this power? (9)
Reasonable grounds to suspect:- A person is unlawfully at large, or- has committed an offence punishable by imprisonmentAnd has reasonable grounds to believe:- The person is in or on the vehicle.
What power does section 9 give once it has been invoked?
The power to stop a vehicle for the purpose of arresting that person.
What does section 10 cover?
Powers and duties of constable after vehicle stopped
What must an officer have before they can invoke this power? (10)
Reasonable grounds to suspect:- A person is unlawfully at large, or- has committed an offence punishable by imprisonmentAnd has reasonable grounds to believe:- The person is in or on the vehicle.
What power does section 10 give once it has been invoked?
The power to require the person suspected of being unlawfully at large or having committed an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth, and:The power to search the vehicle for that person, and:The power to search the vehicle for evidential material in relation to the offence the vehicle was stopped for if:- the person has been arrested; or- is seen fleeing from the vehicle before he or she can be arrested
Under Section 15, we are given the warrantless power to do what?
Entry without warrant to find or avoid loss of evidential material relating to certain offences
What must an officer have before they can invoke this power? (15)
Reasonable ground to suspect;- That an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed, and;Reasonable grounds to believe;- That evidential material relating to the offence is in that place, and;- that, if entry is delayed in order to obtain a search warrant, the evidence material will be destroyed, concealed, altered, or damaged.
What power does section 15 give once it has been invoked?
The power to enter a place without warrant, andthe power to search the place for evidential materialThis power covers any vehicles in the place you are searching but does not include any vehicle in a public place
Under Section 16, we are given the warrantless power to do what?
Search people in public places without warrant for evidential material relating to a certain offence
What must an officer have before they can invoke this power? (16)
Reasonable grounds to believe the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more
What power does section 16 give once it has been invoked?
The power to search a person without warrant in a public place
Under Section 17, we are given the warrantless power to do what?
Enter and search a vehicle for evidential material relating to certain offences
What must an officer have before they can invoke this power? (17)
Reasonable grounds to believe the evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle
What power does section 17 give once it has been invoked?
Enter a vehicle that is in a public place without warrant and;Search the vehicle for evidential material
Under Section 18, we are given the warrantless power to do what?
Warrantless searches associated with arms (Firearms)
What must an officer have before they can invoke this power? (18)
Reasonable grounds to suspect;- is carrying arms, or- is in possession of them, or - has them under his or her control, and- he or she is in breach of the arms act 1983; or- he or she, by reasons of his or her physical or mental condition,(i) is incapable of having proper control of the arms; or(ii) may kill or cause bodily injury to any person; orThat, under the Domestic Violence Act 1995(i) a protection order or police safety order is in force against the person; or(ii) there are grounds to make an application against him or her for a protection order
What power does section 18 give once it has been invoked?
The power to;- search the person- search any thing in the person’s possession or under his or her control (Including a vehicle)- Enter a place or vehicle to carry out any search mentioned above- Seize and detain any arms found- Seize and detain any licence under the arms act 1983 that is found
Under Section 20, we are given the warrantless power to do what?
Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
What must an officer have before they can invoke this power? (20)
Reasonable grounds to suspect;- In or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or substance, and;Reasonable grounds to believe;- It is impractical to obtain a warrant, and- in or on the vehicle or place there is:- A controlled drug specified or described in schedule 1, part 1 or schedule 2, part 1 or schedule 3 or a precursor substance specified or described in part 3 of schedule 4 of the Misuse of Drugs Act 1975, and- If the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered or damaged,
What power does section 20 give once it has been invoked?
Enter the vehicle or place and;Search the vehicle or place.
Under Section 21, we are given the warrantless power to do what?
Warrantless search of people found in or on places or vehicles
What power does section 21 give once it has been invoked?
A constable conducting a search of a place or vehicle under section 20 may, without warrant search any person found in or on the place or vehilce
Under Section 22, we are given the warrantless power to do what?
Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
What must an officer have before they can invoke this power? (22)
Reasonable grounds to suspect;- An offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or substance, and;Reasonable grounds to believe:A person is in possession of:-A controlled drug specified or described in schedule 1, part 1 or schedule 2, part 1 or schedule 3 or a precursor substance specified or described in part 3 of schedule 4 of the Misuse of Drugs Act 1975
What power does section 22 give once it has been invoked?
The power to search a person
Under Section 27, we are given the warrantless power to do what?
Search people in public places without warrant if offences against section 202A(4)(a) of Crimes Act 1961 suspected (Offensive weapons)
What must an officer have before they can invoke this power? (27)
Reasonable grounds to suspect a person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances).
What power does section 27 give once it has been invoked?
Search the person
Under Section 28, we are given the warrantless power to do what?
Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected
What must an officer have before they can invoke this power? (28)
Reasonable grounds to suspect:- a person travelling in the vehicle, or- who has alighted from the vehicle- is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (Which relates to possession of knives, offensive weapons, and disabling substances); and- the vehicle contains a knife, offensive weapon, or disabling substance
What power does section 28 give once it has been invoked?
Search the vehilce
Under Section 83, we are given the warrantless power to do what?
Entry without warrant after arrest
What must an officer have before they can invoke this power? (83)
If you have arrested a person for an offence, and;have reasonable grounds to believe:- evidential material relating to the offending is at a place, and- that evidential material will be destroyed, concealed, altered, or damaged if entry to that place is delayed to obtain a search warrant
What power does section 83 give once it has been invoked?
Enter the place, andSearch the place for evidential material relating to the offence (whether or not the person was arrested there)Note: this section is also intended to allow you to search a vehicle at the place you are searching
Under Section 84, we are given the warrantless power to do what?
Warrantless entry and search of a vehicle after arrest
What must an officer have before they can invoke this power? (84)
If you have arrested a person for an offence, and:you have reasonable grounds to believe evidential material relating to the offending for which the person was arrested is in or on a vehilce
What power does section 84 give once it has been invoked?
Enter the vehicle, andsearch the vehicle
What does Section 112 relate to?
Items of uncertain status may be seized
What must an officer have before they can invoke this power? (112)
If you are executing a search power, andyou are uncertain;- whether any item found may lawfully be seized, and- it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search takes place.
What power does section 112 give once it has been invoked?
Remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized
What does Section 117 relate to?
Special powers where application for a search warrant pending
What circumstances must exist before this power can be invoked? (117)
- A search warrant is about to be made, or- has been made, and- has not yet been granted or refused by an issuing officer, and- the officer is present at the place or vehicle is or is to be the subject of the application, and;Has reasonable grounds to believe evidential material may be destroyed, concealed, altered, damaged, or removed before a decision is take to grant or refuse the issue of a search warrant.
What power does section 117 give once it has been invoked?
- Enter the place, vehicle, or other thing in respect of which authorisation to enter and search is being sought- Secure the place, vehicle or other thing- Secure any item or items found at that place, vehicle, or other thing- Direct a person to assist with entry and securing of the place, vehicle, or other thing or the securing of items in it
Under Section 121, we are given the power to do what?
Stop vehicles with or without a warrant for purposes of search
What must an officer have before they can invoke this power? (121)
- Grounds to search the vehicle exist, or- a warrant has been issued and is in force for the vehilce
What power does section 121 give once it has been invoked?
Power to stop the vehilce
Under Section 123, we are given the power to do what?
Seizure of items in plain view
What circumstances must exist before this power can be invoked? (123)
You must be:- exercising a search power; or- lawfully in any place or in or on a vehicle; or- conducting a lawful search of a person, and- finds any item in the course of carrying out the search or as a result of observations at the place or in or on the vehicle
What power does section 123 give once it has been invoked?
Seize the item
What does section 45 relate to?
Restrictions on some trespass surveillance and use of interception device
What must you be doing to use this power? (45)
Obtaining evidential material in relation to an offence;- punishable by a term of imprisonment of 7 years or more, or- against sections 44, 45, 50, 51, 54, or 55 of the Arms Act 1983
What power does section 45 give you?
- Undertake trespass surveillance- Use an interception device
What does section 46 relate to?
Activities for which surveillance device warrant is required
What does this section ensure we do with regards to surveillance devices? (46)
Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant:(a) use of an interception device to intercept communication,(b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods,(c) observation of private activity in private premises, and any recording of that observation, by means of visual surveillance devices,(d) use if a surveillance device that involves trespass to land or trespass to goods(e) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations exceeds:(i) 3 hours in any 24 hour period; or(ii) 8 hours in total
What does section 46 state you can do without a warrant?
- Observe private activity without the use of a surveillance device from public areas- Observe private activity in the curtilage of private premises by means of a surveillance device; for a single investigation, or a connected series of investigations, for a period of observations that does not exceed:- 3 hours in any 24 hour period; or- 8 hours in total
Electronic Crime/ Cybercrime is becoming a bigger part of investigations. As a first responder what should you do when you have electronic material at a scene?
- Freeze the scene- locate and secure the evidence- document any action taken to ensure the integrity of the evidence trail- protect perishable data physically and electronicallyIf there is reason to believe data may be encrypted contact the ECL before removing power from it
When dealing with electronic exhibits what should you do?
Immediately restrict access to the computer and other electronic devices and related material.
What should you not do?
Do not:- attempt to access information on the computer at this stage- allow the suspect near the computer or device as electronic data can be altered or destroyed.
Section 7 Reasonable grounds to _____ a person is at large Reasonable grounds to _______ the person is in or on the place or vehicle
SUSPECTBELIEVE
Section 7 Reasonable grounds to _____ a person has committed offence punishable by imprisonment Reasonable grounds to _______ the person is in or on the place or vehicle and CADDS or person will leave
SUSPECT BELIEVE
Section 9 stopping a vehicle to find persons unlawfully at large or offence -Reasonable grounds to _____ a person is at large or has committed an offence-Reasonable grounds to _______ the person is in or on the vehicle
SUSPECTBELIEVE
Section 14 - Emergency entry powers
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.
Section 7 - Enter and search to arrest
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.
To be unlawfully at large means a person who?
- 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
Section 8 - Enter and search to arrest
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 warrantANDRGTB that the person is thereANDRGTB that if you do not enter immediately, the person will leave to avoid arrest or evidential material will be CADD.
Section 131 - Obligations before or upon entry
- Identify yourself by name or QID- Announce intention to enter and search under a statutory power- Produce evidence of identity, if not in uniform
Section 85 - Rub down search of arrested or detained person
You can use a rub down search to search for anything that can be used to harm any person or facilitate their escape
Section 88 - Warrantless search of arrested person or detained person
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.
Section 11 - Custody searches
Allows you to search a person who has been taken into lawful custody and is locked up.
What is the purpose of Section 11?
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.
Section 125 - Obligations upon search of persons
- 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
Section 13 - Property taken from persons in custody
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.
Section 83 - Warrantless entry and search of a place after arrest
If you have arrested a person for an offence and have RGTB that evidential material relating to the offence is at aPLACEand will be CADD if entry is delayed to obtain a warrant. You may enter that PLACE to search for the evidential material.
Section 84 - Warrantless entry and search of a vehicle after arrest
If you have arrested a person for an offence and have RGTB that evidential material relating to the offence is at aVEHICLEand will be CADD if entry is delayed to obtain a warrant. You may enter that VEHICLE to search for the evidential material.
Offences punishable by imprisonment of 14 years or more include?
- Aggravated robbery- Wounding with intent- Arson- Drug dealing (class A)- Sexual violation- Murder
Section 15 - Entry and search of places
If you have RGTS an offence +14 years or more has been, is being or is about to be committed ANDYou have RGTB that evidential material in relation to that +14 offence is in that placeAND if entry is delayed to obtain a search warrant, the evidential material will be CADDThen you may enter and search that place without a warrant
Section 16 - Searching people in a public place
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
Section 17 - Entry and search of vehicles in a public place
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
What section contains the rules of obligations when searching people?
Section 125
Which section contains the rules of obligations for notice requirements when searching places, vehicles and other things?
Section 131
Section 18 - Warrantless search for arms
- 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
Section 29 - Warrantless search for stolen property
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.
Section 112 - Items of uncertain status
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.
Section 9 - Stopping a vehicle to find persons
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
Section 10 - Powers once vehicle stopped
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
Reasonable grounds to believe means…
having a sound basis for believing that a situation or circumstance actually exists.
Reasonable grounds to suspect means…
having a sound basis for suspecting that a situation or circumstance is likely to exist
Under the S & S Act a reasonable search is a search that:
- complies with s21 of the NZ Bill of Rights Act - considers factors such as: the nature of the search, how intrusive the search is, where and when the search takes place.
Why use a search warrant? (3)
- Ensures judicial oversight 2. Provides greater protection for Police and the public3. Requires recording and reporting of results
Before conducting a search by consent, you must determine that the search is for one of the following reasons (4):
- 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
Before conducting a search by consent you must advise the person from whom consent is sought:
- of the reason for the proposed search- that they may consent or refuse to consent to the search
A person under 14 is unable to consent to the search of a place, vehicle or other thing unless…
they are found driving with no passenger of or over 14 years of age with authority to consent to the vehicle’s search
Do you have to report a consent search?
No
Evidential material, in relation to an offence or a suspected offence, means…
evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence
When deciding if you should use a warrantless power, amongst other things you should consider if there is a possibility that evidential material will be…
Concealed, altered, damaged or destroyed
When searching a place, vehicle or other thing, you must comply with the obligations set out under s131. Your obligations cover:
Identification, intention, reason and notice
Section 131 states that before or on initial entry into or onto the place, vehicle or other thing to be searched, you must give “notice” to the occupier or person in charge. What does this include if executinga) a search warrant?b) a warrantless power?
a) provide a copy of the search warrantb) state the name of the enactment under which the search is taking place and the reason for the search (unless it is impracticable to do so in the circumstances) AND policy directs that you must provide a copy of the POLSW8
What are the exceptions to identification and notice requirements - s131(2). There are four exceptions.
If you have reasonable grounds to believe - that no one is present- this would endanger any person’s safety - this would prejudice the successful use of the entry and search power - this would prejudice ongoing investigations
What are the actions allowed by s116?
Secure a place, vehicle or other thing to be searched AND exclude any person from there
What are the actions allowed by s118?
Detain people when searching places and vehicles
What are the actions allowed by s119?
Search people found when searching places and vehicles if you have reasonable grounds to believe that evidential material that is the object of the search is on that person
What are the actions allowed by s120, powers of search when suspect is pursued?
Whilst in fresh pursuit, and with reasonable grounds to believe that relevant evidential material is still on the person, you have the power to enter any place to apprehend the person and search the person or vehicle.
What does AWOCA stand for?
Ask, Why, Options, Confirm, Action
What are your obligations when searching a person (s125)?
Name, act, reason
What if someone else arrives at the place or vehicle and starts talking to the person you have detained under s118? (Four options)
Depending on the circumstances you may:- exclude that person from the search scene if you have RGTB the person will obstruct or hinder your powers s116(1)(b) - detain that person to determine if there is any connection between them and the object of your search s118(1) - search that person if you have reasonable grounds to believe that they may have evidential material on them s119(1) - search that person if you have RGTS they may have a dangerous item that poses a threat to safety and you believe you need to act immediately to address that threat s119(2)(a) and (b)
Police policy directs you must report your use of warrantless powers within what time frame?
By the end of shift
Before commencing to make an application for a SW, you must be sure that there are…
- Reasonable grounds to suspect that an offence punishable by imprisonment has been, will be, is being or is about to be committed, and - Reasonable grounds to believe that the search will find evidential material in respect of the offence in the place, vehicle, other thing or facility.
What are the special powers offered by s117?
If a search warrant application is about to be made or has been made and you are waiting to hear if it has been authorised AND you have RGTB that evidential material may be CADD or removed before the SW can be issued, you may:- enter and secure a place, vehicle or other thing, and - secure any item found there, and - direct any person to assist with entry and securing the place or vehicle or securing items in it.
How long is a search warrant valid?
No more than 14 days OR 30 days if applied for
When is a search warrant considered executed?
When you (or anyone assisting you):- have seized the evidential material specified in the SW, OR - leave the place, vehicle or other thing to be searched and do not return within 4 hours
How often can a search warrant be executed?
Once UNLESS more than one execution is applied for, justified and authorised in the SW
What does Section 169(1) require?
A written report on the exercise of a warrantless entry power
When you execute a SW you are obliged to provide a copy of the SW (s131). If providing a copy of the SW would:- endanger the safety of any person, OR - prejudice ongoing investigations you may apply to a judge to postpone your obligation to provide a copy of the SW.An application to postpone is made under what section?
134
When executing a SW you may be required to use reasonable force to do what?- s131 - s110 - s125
- enter the place, vehicle or other thing (s131) - search (on property only) and seize (s110) - carry out a search of a person (s125)
What does GSMEAC stand for?
GroundSituationMissionExecutionAdministrationCommunication
Briefly, what are the rules, obligations and powers under these sections?131 - 125 - 110 - 169 -
s131 - identification and notice requirements when searching places, vehicles and other things s125 - the rules for searching peoples110 - powers incidental to searchs169 - reporting
The Search and Surveillance Act provides powers for dealing with other items that you may find in the course of executing a SW:s112 - s123 -
- items of uncertain status may be seized (s112) - seizure of items in plain view (s123)
s125 states that when you exercise a power to search a person you must…
- identify yourself by name or uniqueidentifier- advise the person of the enactmentunder which the search is taking placeand the reason for the search, unless it isimpracticable to do so- produce evidence of identity if not inuniform
s125 states that when you exercise a power to search a person you may…
- detain the person to enable the searchto be carried out (for as long as isreasonably necessary)- use force that is reasonable for thepurposes of the search- search any item that the person iswearing, carrying or is in the person’sphysical possession or immediate control- seize anything carried by or in theirphysical possession or immediate controlif the thing is the subject of the search ormaybe lawfully seized
Section 121 provides the power to…
Stop a vehicle if you intend to search it
What powers do s127 provide in relation to search warrants regarding vehicles?
If a SW has been issued authorising entry and search of a vehicle, person executing may enter any place to locate the vehicle to execute the search warrant IF you have RGTB that the vehicle is there
s14 allows warrantless entry in emergency situations. You must have RGTS that…
- an offence is being committed, or is about to be committed, that would be likely to 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
Section 7 allows you to…
enter a place or vehicle to search for and arrest a person if you have:- RGTS that person is unlawfully at large and - RGTB the person is in the place or vehicle
Section 8 allows you to…
enter a place or vehicle to search for and arrest a person without warrant if you have- RGTS that person has committed an offence punishable by imprisonment and for which they may be arrested without warrant AND- RGTB that the person is there AND- RGTB that if you do not enter immediately either or both of the following may occur - the person will leave to avoid arrest - evidential material for the offence for which the person is to be arrested will be CADD
s123 states if you are exercising a search power (place, vehicle or other thing), or conducting a lawful search of a person, or lawfully in any place, or in or on a vehicle you may seize any item(s) you find in the course of carrying out the search or as a result of observations at that place, IF…
you have RGTB you could have seized the item(s) under any search warrant OR any warrantless search power
s85 provides power to conduct…
rub-down search of arrested or detained person
s88 provides power to conduct…
Warrantless search of arrested or detained person
Section 11 allows you to
search a person who has been taken into lawful custody
s83: Warrantless entry and search of a place after arrests84: Warrantless entry and search of a vehicle after arrestYou can only use these powers, at any place or vehicle, if…
you are the arresting officer (whether or not the person was arrested there).
Sections 15-17 govern warrantless searches for evidential material relating to offences punishable by imprisonment of 14 years or more. What do these sections relate to?s15 - s16 - s17 -
s15 - Entry and search of placess16 - Searching people in public places17 - Entry and search of vehicles in a public place
Section 18 of the S & S Act allows you, without a warrant, to enter and search for…
arms
The S & S Act allows warrantless searches for drugs or precursor substances. What are the sections and what do they allow you to search?
s20 - places and vehicless21 - people found in or on places or vehicless22 - person
Under what circumstances may you search a person in a public place without warrant for an offensive weapon? (s27, S&S Act)
If you have RGTS that the person is committing an offence against s202A(4)(a), Crimes Act 1961.
Section 29, S&S Act allows you to search a vehicle for stolen property without a warrant if…
you have RGTB that stolen property is in or on the vehicle
Section 9 provides a power to…
stop a vehicle without a warrant to arrest a person if you have RGTS that the person is unlawfully at large OR has committed an offence punishable by imprisonment
You may stop a vehicle under s9 then search it under section…
10
Section 48, S&S Act enables an officer to use a surveillance device without obtaining a surveillance device warrant in certain situations. How long may they use the device under this section?
No longer than 48 hrs from the time the device is first used.
Section 48(1), S&S Act enables an officer who is any one or more of the situations set out in subsection 2 to use surveillance device for a period of time without getting a warrant. What are the two special conditions outlined in 48(1)(a) and (b)?
(a) entitled to apply for a warrant in relation to those situations(b) obtaining a warrant within the time in which it is proposed to undertake the surveillance is impracticable in the circumstances
Section 46, S&S Act enables you to observe private activity in the curtilage of private premises and record it with a surveillance device for up to…
(i) 3 hrs in any 24 hr period(ii) 8 hrs in total
Under what circumstances may you search a vehicle without warrant in a public place for an offensive weapon? (s28, S&S Act)
If you have RGTS that a person travelling in the vehicle (or has exited from it) is committing an offence against s202A(4)(a), Crimes Act 1961 AND the vehicle contains a knife, offensive weapon or disabling substance.
14
Warrantless entry to prevent offences of respond to risk to life or safety Suspect offence being or likely to be committed causing injury, damage or risk to life or safety
7
Entry without warrant to arrest person unlawfully at large Suspect unlawfully at large or believe in place or vehicle
8
Entry without warrant to avoid loss of offender or evidential material Suspect has committed offence Believe in place or vehicle Believe person may leave and or CADD
9
Stopping a vehicle to find persons unlawfully at large or who have committed certain offences Suspect UL at largeOr committees IOAnd believe in vehicle
10
Powers and duties of constable after vehicle stopSupply details if suspect UL or Commuted IOSearch if believe in vehicle or to locate EM in relation to offence if has been arrested or if flee before arrest
