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SGT CPK NZ > 4.1 Search & Surveillance > Flashcards

4.1 Search & Surveillance Flashcards

1
Q

What is evidential material?

A

Evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence.

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2
Q

What is reasonable grounds for belief?

A

Answer:

Having a sound basis for believing that a situation or circumstance actually exists

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3
Q

What should all searches be?

A

Answer:

Must be lawful and reasonable.

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4
Q

What is the search hierarchy?

A

You should always consider a warrant first. If this is not practicable, then consider using a warrantless power. Consent search should be last option.

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5
Q

Sec 7 - Entry to arrest person unlawfully at large

A

If you have reasonable grounds to suspect that a person is unlawfully at large and believe is in a place or vehicle, you may enter the place or vehicle without warrant to search for and arrest the person.

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6
Q

Sec 8 - Entry to avoid loss of offender or evidential material.

A

If you have reasonable grounds to suspect an offence punishable by imprisonment has been committed

and believe that the person is in the place or vehicle,

and believe that if entry is not effected immediately, either the person will leave to avoid arrest or the evidential material will be CADD,

you may enter that place or vehicle with out warrant search for and arrest the person you suspect has committed the offence.

You CAN’T search for evidential material UNLESS an arrest is made and a search incidental to that arrest is undertaken under sections 83-88.

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7
Q

Section 14 - Emergency Powers

A

Enter place or vehicle and take any action as reasonably necessary if:

an offence is being or about to be committed that would likely cause injury to any person or serious loss / damage to property or

there is risk to the life or safety of any person

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8
Q

Sec 15 - Search place for evidential material - 14 year offence

A

If you suspect a 14yr imprisonable offence has, is being, or is about to be committed, and you believe evidential material is in a place and will be CADD, you may enter and search to find evidential material.

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9
Q

Sec 16 - Search person in public for evidential material - 14 year offence

A

If you believe a person in a public place has evidential material on him relating to a 14yr imprisonable offence, you may search that person without a warrant.

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10
Q

Sec 17 - Search vehicle in public for evidential material - 14 year offence

A

If you believe evidential material relating to a 14yr imprisonable offence is in or on a vehicle in a public place, you may enter an search that vehicle without warrant.

NOTE: If vehicle is parked in a place other than a public place use s15 to enter and search that vehicle.

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11
Q

Sec 83 - Entry and search place incidental to arrest

Sec84 - Entry and search of a vehicle pursuant to arrest

A

s83
If you have arrested a person for an offence and has RGTB evidential material is in the place and that delay in getting a Search Warrant would result in the evidential material being CADD,
you may enter and search the place for evidential material relating to the offence.

It does not matter if the person was not arrested there

s84
The person who has arrested a person for an offence and Has RGTB evidential material relating to that offence is in or on a vehicle may enter and search without a warrant.

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12
Q

When executing a Search Warrant or Warrantless Search Power, who can you search at the scene?

A

Answer:
You can search any person found at, arrives at or stops/enters the place or vehicle if you have reasonable grounds to believe that evidential material is on that person, or (s119(1))

suspect that the person is in possession of a dangerous item that poses a threat to to safety and you believe immediate action is needed. (s119(2)(a) - (b))

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13
Q

Sec 117 - Secure scene. What is the maximum time frame allowed to hold a scene before a warrant can be obtained?

A

Answer:
Secure scene while search warrant is pending up to (6 hrs) from when power is first exercised.

  • unless a warrant is available for execution at that place, vehicle or other thing.
  • the application for the search warrant is refused
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14
Q

What obligations must you do when exercising a search power?

A

Before entry, you must:

  • announce intention to enter and search using a power
  • identify yourself by name
  • if not in uniform, produce evidence of your identity
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15
Q

When do you NOT have to announce entry or give reasons for the search?

A
  • no person lawfully present
  • compliance would endanger the safety of any person or prejudice the exercise of the entry or the ongoing investigation
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16
Q

What factors do you consider before making an unannounced forced entry?

A
  • TACTICAL options available
  • HISTORY of violence
  • REASONABLE and practical alternative to forced entry
  • reasonable grounds EVIDENCE will be CADD
  • DANGER to police or public or people at the place
  • SERIOUSNESS of the offence

T.H.R.E.D.S.

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17
Q

How old does a person need to be to be treated as an occupier or person in charge?

A

14 years or older.

The only exception is if they are found driving a vehicle and there is no passenger 14 years or older with authority to consent to the vehicles search.

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18
Q

What is curtilage?

A

An area of land attached to a dwelling house and forming one enclosure with it.

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19
Q

Sec 9 S&S Act - stopping vehicles without warrant to effect arrest, what are the ingredients

A

You may stop a vehicle if you have RGS that a person who is unlawfully at large or who has committed an offence punishable by imprisonment is in or on the vehicle.

If you arrest the person you can search the vehicle for evidential material relating to the offence.

You must advise the person responsible for the vehicle if they weren’t the one you arrested, the reason for the search etc.

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20
Q

If you stop a vehicle using Sec 9, who can you require give you their particulars?

A

You can require the particulars from persons in the vehicle whom you suspect are unlawfully at large or have committed an offence.

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21
Q

Who can establish a road block and under what grounds?

A

Sergeant or above (includes acting sergeant).

Must have reasonable grounds to believe that in or on a vehicle, there is

  • a person unlawfully at large or
  • has committed an offence punishable by imprisonment and
  • you suspect the vehicle will pass where the road block is
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22
Q

Sec 18 - People in possession of arms

A

If you have reasonable grounds to suspect a person is carrying arms or is in possession of them, and

  • they are in breach of the Arms Act 1983 or
  • by reason of their physical or mental condition, are incapable of having proper control or may kill or cause bodily injury to any person
  • under the Domestic Violence Act they have a PO or a PSO is in place

you may

  • search the person or anything in their possession or under their control (including a vehicle) and seize any arms found
  • you can enter a place or vehicle to search and seize any arms found

Unless impracticable obtain approval from a Sgt.

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23
Q

Sec 18(3) - searches for arms in places or vehicles

A

If you have RGTS there are arms in any place or vehicle and a cat 3 or 4 offence or offence against the Arms Act has been committed, is being or will be committed or there is evidence relating to cat 3 or 4 offence or Arms Act 1983 may
Enter that place or vehicle, search it seize and detain any Arms or licence under the Arms Act 1983 found there.

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24
Q

What does locked up mean?

A

Taken into lawful custody and being placed behind a closed or locked door which prevents them from leaving.

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25
Q

Sec 11 - When can you search a person after they have been locked up?

A
  • if they were not searched before being locked up
  • reasonable grounds to believe they are in possession of something that may be used to harm themselves or others

since being searched or before being locked up, they were in close proximity to a person who was not locked up, or another person who was eligible to be searched but wasn’t.

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26
Q

Sec 85 - What is the purpose of a rub down search?

A

Answer:
To ensure a person who has been arrested or detained is not carrying anything that may be used to harm themselves or any person or facilitate escape.

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27
Q

Sec 88 - What does Sec 88 entitle you to do?

A

If you have arrested a person or detained them under a statutory power, and have reasonable grounds to believe that there is anything on or carried by the person that:

  • may be used to harm any person
  • may be used to facilitate the person’s escape
  • is evidential material relating to the offence for which the person is arrested or the person detained.

You may search that person

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28
Q

What are some examples of when samples from a person’s body may be seized as evidential material pursuant to a Sec 88 search?

A
  • swabs to remove blood on the arrested person
  • fingernail scrapings
  • penile swab (to obtain victim’s DNA from offender relating to a sexual violation)

For the purpose of this section, the search must be lawful, reasonable and approved by a Sergeant or above

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29
Q

Section 28 - searching vehicles for offensive weapons

A

If you have reasonable grounds to suspect a person travelling in a vehicle or who has alighted from it is committing an offence in a public place AND

The vehicle contains a knife, offensive weapon, or disabling substance;

You may search the vehicle.

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30
Q

Section 29 - searching vehicles for stolen property

A

If you have reasonable grounds to believe that any stolen property is in or on any vehicle;

You may search the vehicle.

Note: only when the vehicle is in a public place. Seek warrant if vehicle is on private property or use alternative warrantless power.

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31
Q

Section 84 - entry and search of vehicles after arrest

A

If you have arrested a person and have reasonable grounds to believe that evidential material relating to the offence is in a vehicle;

You may search that vehicle

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32
Q

Section 119 - power to search persons at a place/vehicle (Person arrives during search)

A

If you are searching a place/vehicle you may;

Search any person found at that place/vehicle OR

Who arrives at the place OR

Who stops at, or enters, or tries to enter or gets into the vehicle.

If you have reasonable grounds to believe that evidential material that is the object of that search is on that person OR

You suspect the person is in possession of a dangerous item that poses a threat to safety and you believe that immediate action is needed to address the threat.

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33
Q

Section 92 - For what purposes can a consent search may be undertaken

A
  • to PREVENT the commission of an offence
  • to PROTECT life or property, or prevent injury or harm
  • to INVESTIGATE whether an offence has been committed
  • any purpose for which you could exercise a POWER OF SEARCH , if you held a belief or suspicion specified in the enactment
34
Q

List 3 exceptions to consent search:

A

Search conducted as a condition of entry to any public place or private place (eg search going into nightclub or rugby match by security

Search conducted under a power conferred by an enactment (eg search by custom or airport security) under Customs or Aviation Act

Entry to property under an implied licence (person reading power meter)

35
Q

What you must say prior to a consent search:

A

Determine that the search is eg to protect life or property etc

Advise the person for the reason for the search

That they may consent or refuse to consent to the search at any time

*A person under 14 years of age can consent to a search of themselves or anything in their immediate possession or control.

A person under 14 cannot consent to a search of a thing, vehicle or place

36
Q

Section 120 - powers of search when suspect pursued

A

If you intend to search a person or vehicle, but that person or vehicle leaves before you are able to start or complete the search;

You may apprehend the person OR

Enter any place to find them

If you have been freshly pursuing the person from the intended search location AND
You have reasonable grounds to believe that relevant evidential material is still on the person or vehicle

You can only apprehended if you are the officer in fresh pursuit, unless you are acting as that officers assistant under 113 and are under their direct supervision and control

37
Q

Section 27 - search of people with offensive weapons

A

You may search a person if you have reasonable grounds to suspect the person has an offensive weapon

38
Q

Section 113 - using assistants during searches

A

You can call on a person to assist you to exercise a search power, or a person has been required to assist you as a condition of a warrant;

They are subject to your control and the overall responsibility for exercising the power rests on you.

Unless they are a Constable, you MUST

  • accompany them when they first enter the place, vehicle or other thing AND
  • provide reasonable supervision of them

They must only search places that are lawful as determined by you.

39
Q

Section 118 - powers of detention incidental to searches of places/vehicles, what are the guidelines

A

You may use reasonable force to effect and continue detention

Must be for a reasonable period of time, but no longer than the duration of the search

You must determine if the person has a connection with the search, if they don’t then you must let them leave

40
Q

Section 127 - search warrant to enter and search vehicles

A

If you have a search warrant that authorises the search and entry of a vehicle;

You may enter any place where you have reasonable grounds to believe the vehicle is to locate and search it

41
Q

Section 131 - I.D and announcement requirements

A

If you exercise a search power, before entry you must;

Announce your intention to enter and search
I.D yourself by name or QID
If not in uniform, produce I.D

You also must, either before or on initial entry, provide the occupier of the place or person in charge;

A copy of the search warrant (if not practicable) you may execute a fax or a print out of an electronically generated copy of the warrant or a copy which is endorsed to that effect.

42
Q

What are the 4 conditions under section 131(2) allow justification of entry, by force if necessary, to be unannounced?

A

Answer:
– Saving a person on the premises from death or injury (S14)
- Situations were giving a warning might endanger the police involved
- Preventing the destruction of evidence (CADD)
- Entering in the course of hot pursuit of an offender (S120)

43
Q

What are the exceptions to announcing your entry, identification of yourself and give a copy of the warrant or notice of a warrantless search under section 131 (2)?

A

Answer:
No person is lawfully present in or on the place, vehicle or other thing to be searched, or
- compliance would endanger the safety of any person or
- prejudice of the entry and search power or
- prejudice on going investigations

44
Q

Before making an unannounced forced entry access the risk.

What must you consider prior?

A

Answer:
TACTICAL options available
Any HISTORY of violence
REASONABLE and practical alternatives to forced entry
Where the EVIDENCE is CADD
DANGER to police, the public or people present
SERIOUSNESS of the offense

45
Q

What can you seize during a search?

A

If you find evidence of an offence other than the one specified in the warrant or covered by your warrantless power, you cannot seize it unless;

You obtain another warrant OR

You exercise plain view seizure under section 123

46
Q

Section 123 - Seizure of items in plain view

A

If you are exercising a search power or are lawfully in a place as part of your duties, you may seize any time, if you have reasonable grounds to believe you could have seized the item under:

  • any search warrant obtained under the S & S Act
  • any other search power exercisable by you under the S & S Act or any other Act
47
Q

Section 112 - items of uncertain status

A

If you are not certain if something can be seized and it is not practicable to determine that where the search takes place, you may;

Remove the item for examination or analysis to determine whether it may be lawfully seized.

Eg your warrant is to locate cocaine and you find a white powder. You can take this package for testing.

Eg you cannot use this power if your warrant was to find cannabis but you find a TV and you are unsure if it’s stolen. You would need to consider if you could exercise a plain view seizure or to secure the scene pending a warrant under section 117.

48
Q

Notice and inventory requirements after search/seizure

A

Searches when occupier or person in charge of place or vehicle or thing is there;

  • you must give that person before or on entry a copy of the warrant and attached privilege information contained in the ‘Notice to occupier, or the person in charge of vehicle or other thing present during search’
  • OR if warrantless, a copy of the ‘Notice to person present during warrantless search POL 1275.

Exceptions to this is when you do an unannounced forced entry.

50
Q

Searches relating to items being seized, what must you do?

A

At the time of item seized, or as soon as practicable after the seizure and no later than 7 days:

  • provide to the occupier or owner an inventory of items seized and accompanying ‘Notice to owners and others in relation to things seized’ AND
  • a copy of authority eg a copy of the warrant or POL 1275 if the owner is different from the person in charge and they have not previously received the relevant form.
51
Q

Searches conducted of vehicle or thing when person isn’t there;

A

Leave in a prominent position at the place or vehicle a copy of the warrant and attached privilege information contained in the ‘Notice to occupier, or the person in charge of vehicle or other thing not present during search’ OR

If a warrantless search, a copy of the ‘Notice to person not present during warrantless search’

52
Q

Section 31 - duration and record of road block

A

Valid for an initial period of up to 24 hours.

May be renewed from time to time by a DC Judge for a single further period not exceeding 24 hours.

If you authorise a road block you must keep a written record of:

  • the location
  • the period for and the grounds on which authorisation was granted or renewed

Must do a Community Impact Assessment (CIA) where;

  • vulnerable people are present
  • on the community and interested groups

Conducted in writing.

53
Q

Relation to force used during a search what must it be?

A

Answer:
Any force used to gain entry to any place vehicle or other thing for the purpose of caring out your search must always be reasonable in the circumstances.

54
Q

Should search or seizure of property be witnessed?

Should it be documented?

A

Answer:
Any search of a place vehicle or other thing or any removal or seizure of property during a search should be witnessed by another police employee, enforcement officer from another agency or person assisting with the search

Answer:
Yes. It should be appropriately documented and accounted for.

55
Q

For any search to be lawful they must be one of 3 types. What are they?

A

Answer:

  • exercise a warrantless power, or
  • execute a warrant power, or
  • conduct a search, examination or inspection with the persons consent
56
Q

With a consensual search can the consent be withdrawn by the person at any time?

A

Answer:
Yes.
Note: when a statutory power exists to search you should use that power rather than relying on a consensual search.

57
Q

What are the circumstances of unlawfully at large?

A

Answer:

  • Arrest warrant in force for person under Summary Proceedings Act 1957
  • Unlawfully at large within the meaning of the Corrections Act 2004 or Parole Act 2002
  • An escapee from lawful custody within the meaning of s120 of the Crimes Act 1961
  • Special patient or restricted patient within the meaning of Mental Health Compulsory Assessment and Treatment Act 1992
  • A care recipient or special care patient within the meaning of Intellectual Disabilities Act 2003
  • Young person within the meaning of the OT act 1989 subject to an order made under section 311(1) and absconding from custody of CE
58
Q

When is the consent search unlawful?

A

Answer:
It is unlawful if;
– it is not for a purpose set out in the s92, or
– you failed to give the required advice as set out in s93 or
- you undertake a search relying on consent given by a person who does not have authority to give that consent

59
Q

For all of the powers to search places, vehicles and things have the associated power. What does s110 relate to in terms of search powers of the person exercising it?

A

Answer:
Power to:
- ENTER and SEARCH a place, vehicle or other thing for any item or items found in that place, vehicle or thing

  • Request any person to ASSIST with the entry and search
  • use any FORCE that is reasonable for the purposes of carry out the search and any lawful seizure
  • Bring in and use any EQUIPMENT in or on the place, vehicle or other thing. Includes use of electricity to operate equipment
  • Bring in and use in or on that place, vehicle or other thing a search DOG trained to search for law enforcement
  • COPY any document, or part of a document that may be lawfully seized
  • Use reasonable measures to access a COMPUTER system or data storage device located in the place, vehicle or other thing
  • Any INTANGIBLE material and copy by means of cloning, previewing or other forensic methods
  • Take PHOTOGRAPHS, sound and video recordings and drawings of the place, vehicle or other thing.

C. A. F. E S. P. I. C. E. D
Computer, Assist, Force, Enter and Search, Photographs, Intangible, Copy, Equipment, Dog

60
Q

In carrying out a consent search what may you extend the search to?

A

Answer:

  • any item that the person is wearing or carrying (eg a bag) or
  • is in the persons physical possession or immediate control provided the person consents to these items being searched.
61
Q

What are three disadvantages of using consent searches?

A

Answer:
– the person being searched by consent can withdraw their consent at anytime, which means the search must stop immediately, unless a search power can be envoked to continue the search.
- If the search power is invoked after withdrawal of consent the initial request may be seen to be token and meaningless
- the existence of validity of any consent given may be challenged in court.

62
Q

Section 115 poses limitations on exercising search powers as mentioned in S110. What are two conditions imposed by this section?

A

Answer:
The search conditions are subject to:
- any condition imposed by an issuing officer when issuing a search warrant
- the privilege and confidentiality provisions in the act

Also subject to reasonableness under s21 NZ BORA 1990.

63
Q

When using assistance to assist you to exercise a search power or condition of a warrant they are in your control. If they are not another Constable what 2 things must you do?

What are they allowed to do?

A

Answer:
-accompany them when they first enter the place, vehicle, or other thing to be searched, and

  • provide reasonable supervision of them
    (s113)

Answer:
Only exercise powers incidental to search as directed by you. Can only search places you determine are lawful to search, take photographs, or bring in and use equipment or electricity that you determine may be lawfully be taken or used.

64
Q

What powers does section 118 give a officer exercising a search power in relation to a place a vehicle?

A

Answer:
- detain any person to determine if connection between them and the object of the search
if person is there at:
Start of search or arrives at the place or stops at, or enters, or tries to enter the vehicle while search is being carried out

  • You may use reasonable force to affect and continue the detention
  • may be for reasonable period but not longer than the duration of search

Starts when person directed to remain and ends when told free to go

65
Q

When determining a connection under s118, When must this be done?

A

Answer:
You must take active steps to determine with the there is a connection between them and the search.

You cannot detain a person for the duration of the search and then consider the matter of connection.

66
Q

When searching a place or vehicle what powers does section 119 give an officer?

A

Answer:
You may search any person found at the place or in or on the vehicle
Or a person who arrives at the place, or
Any person who stops at, or enters, or tries to enter or get into or onto the vehicle

If you believe that evidential material is the object of the search is on that person or
suspect the person is in possession of a dangerous item that poses a threat to safety and you believe that immediate action is needed to address that threat

67
Q

When you carrying out a search what powers does section 116 give an officer?

If requested by a person affected by the search what you must do?

A

Answer:
The power to
- secure the place, vehicle, or other thing searched or any area within the scene or anything found within the scene
- exclude any person from the area or scene or give them any other reasonable direction if you have reasonable grounds to believe they will obstruct or hinder you.

Answer:

  • ID yourself by name or QID
  • State the enactment under which the search is conducted and reason for the search (unless impracticable)
  • If not in uniform produce evidence of your identity
68
Q

Can a person who is under 14 be treated as an occupier or person in charge?

A

Answer:
No unless that person is found driving a vehicle with no passenger of or over the age of 14 with authority to consent to the vehicle’s search or
You have RGTB the person is not the occupier of the place or person in charge of the vehicle cannot be treated as the occupier of the place or person in charge of a vehicle or other thing (s131(6))

69
Q

When items are seized what is the obligation by police to give the owners of the things that are seized?

What is the timeframe in which the notice must be given?

A

Answer:
To any person you believe is the owner of the thing you must give - written notice specifying what was said and information about the person’s right to have access to the thing or claim privilege and respect of the items seized, and

  • A copy of the authority for the search warrant or for a warrantless searches the name of the enactment under which the search took place.
    Answer:
    Within 7 days
70
Q

The section 121 what powers is given to an officer to stop a vehicle?

A

Answer:
Power to search without warrant if there are grounds existing to search the vehicle
Power to search with a warrant if that warrant has been issued and is in force

71
Q

If you find or stop a vehicle, Can you move that vehicle to another place?

A

Answer:
Yes - if you have found or stopped the vehicle and you have lawful authority to search the vehicle but is impracticable do so at that place, or
you have reasonable grounds to believe it is necessary to move the vehicle for safekeeping. (s122)

72
Q

What does section 128 give the officer powers to do?

A

Answer:
Require the vehicle to remain stopped for the exercise of any powers in respect of the vehicle or the occupants in the vehicle

73
Q

What duty does section 129 require officer to provide to a vehicles driver?

A

Answer:
– identify yourself to the driver
– state the name of the enactment under which the search is taking place, reason unless impracticable
– produce evidence of your identity

74
Q

S9 allows an officer to stop a vehicle without warrant to arrest a person if you have RGT suspect what?

What are your powers under s10 after the vehicle is stopped?

A

Answer:

  • That a person is unlawfully at large, or
  • Has committed an offense punishable by imprisonment, and
  • To believe the person is in or on the vehicle

Answer:
- Require any person in or on the vehicle you have RGTS is unlawfully at large to supply name address contact details and DOB.

  • search a vehicle to locate the person if you have RGTB they are in or on vehicle
  • search the vehicle to locate property that is evidential material in relation to any offence for which the vehicle is stopped if the person is -
    Arrested or seen fleeing from the vehicle before they can be arrested
75
Q

Police policy requires that when stopping a vehicle you must, what?

A

Answer:
-Be wearing a police uniform or distinctive cap, have a helmet with a badge of authority affixed to that cap, hat or helmet, or

  • Be following immediately behind the vehicle and displaying flashing blue light or flashing blue and red lights, and or sounding a siren
76
Q

What would be the grounds for setting up a warrantless roadblock?

Who can authorize a roadblock to be set up?

A

Answer:
You believe that in or on the vehicle there is a person who you have reasonable grounds to suspect:
- has committed an offence punishable by imprisonment or is unlawfully at large
– suspect the vehicle will travel past the place where it is proposed the roadblock is established

Answer:
You must be a senior Constable holding or acting in a position level of Sergeant or above to authorize the establishment of a roadblock orally or in writing.

77
Q

What may be some reasons to search a person?

A

Answer:

  • Locate and preserve evidence
  • Remove weapons or means of escape
  • Remove and care for a persons property
  • Locate and remove articles or substances that can impact the safety of prisoner, other prisoners, members of the public, police employees
  • Ensure the safety of your prisoner considered to be at risk or attempting suicide or self harm
78
Q

There are three types of personal searches, what are they?

A

Answer:
– STRIP searches
– INTERNAL searches
– RUBDOWN searches

S. I. R

79
Q

What are four general principles applying to all searches?

A

Answer:
– search must be lawful

– he will be in search must be treated with dignity, privacy, respect, and sensitivity

– any force or restraint used on a person being searched must be reasonable in the circumstances

– general searches should be carried out by constables, authorized officers, or searches of the same sex as the person being searched

  • where practical any search and or removal of property from the person being search must be witnessed by another police employee
  • all properly removed or sees from a person search must be appropriately documented and accounted for
80
Q

What are the six warrantless search powers available to police to search people?

A

Answer:

  • In custody and who is or is about to be locked up (s11)
  • Found in a public place for evidential material (s16)
  • Firearms (s18)
  • In relation to drug offenses (s21, 22, 23)
  • For offensive weapons (s27)
  • After arrest or detention (s85, 88)
81
Q

What is the purpose of a rub down search?

A

Answer:
To ensure a person is not caring anything that may be used to:
– how many person including themselves, or
– facilitate the persons escape
(s85)

82
Q

What does section 88 (2)(c) authorize in relation to evidential material?

What kind of examples are included where samples may be seized from external body of a detained or arrested person?

A

Answer:
Where there are reasonable grounds to believe that evidential material is on a persons body this section authorizes a search and seizure of evidence from the external body of a arrested or detained person.

Answer:
- A swab of the victims blood from the arrested persons neck
- Fingernail scrapings for victims DNA from the fingers of the arrested rape offender
- A swab of a person skin for gun shot residue
– Penile swabs

83
Q

Whenever exercising your power to search a person, what can you do an what can you utilise?

A

DETAIN the person for as long as necessary to enable to search
Use reasonable FORCE for the purposes of the search
Use any EQUIPMENT or aids to facilitate the search
Ask for ASSISTANCE for medical practitioner nurse, a parent guardian of the person searched
Ask for assistance from another officer
Search any item the person is wearing or carrying or in the physical possession
SEARCH anything carried by the person or in the immediate possession or control that is subject of your search or may lawfully be seized
Copy all or part of a DOCUMENT carried by the person being searched or in their physical position
ACCESS using reasonable measures a computer system
COPY intangible material
Take PHOTOGRAPHS or make sound or video recordings

SGT CPK NZ (15 decks)

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