C4 - S&S Act Flashcards
Title: key terms used in S&S
EM?
RGTB?
RGTS?
EM: evidential material in relation to an offence or suspected offence tangible or intangible of relevance to the investigation
RGTB: example reasonable grounds to believe the search for locate evidential material relating to the offence
RGTS: example reasonable grounds to suspect that an offence has been committed
Title: lawfulness and reasonableness of searches
Inevitable Discovery?
Inevitable Discovery: even if it’s a breach of BOR it is still a factor to be taken into account in determining whether it is admissible under the balancing test. However it would not be admissible as a matter of course.
Ensure sutures unlawful - you must:
- exercise a warrant less power
- exercise a warrant power
- conduct a search examination person’s consent
Entry and search to effect arrest
S7 - PUAL
S8 - E2ALOA
S14 - E2PO or R2L or S (emergency)
S7: NZ offender who breaches bail but is not subject of an arrest will not be unlawfully at large
S8 entry to avoid loss offender
-the section empowers you to search for an arrest a person, you mean not search for evidential material unless an arrest is made in a search incidental to the rest is done
S14 entry to prevent offence or respond to risk to health or safety (emergency powers)
( serious offences)
S15- E & S of P 2 F & A L of EM
S16 - S P I P P 4 EM
S17- E S V PP EM
Entry in search of places to find an avoid loss of evidential material, 14 years of imprisonment
Search people in public place for evidential material relating to 14 years imprisonment
Entree to search vehicle in public place evidential material 14 years
Title: warrantless search is associated with arms
S18 - approval.
Reasonable grounds to believe in place or vehicle category three or four - cease in detain any firearms or firearm licence
Obtain approval from Sergeant or above for exercising anyone Atlas powers related to arms
Title: WL search offensive weapons
S28- V OW or DS
S26 - meaning of DS or OWn
S29 - S V S P
S28- searching vehicles for offensive weapons or disabling substance without a warrant
S26 -
DS - means any anaesthetic or substance produced to used for disabling a person.
OW- means an article made or altered to use for causing bodily injury or intended for such use by the person who has it with them
S29-search vehicles for stolen property. If the vehicle is on private property you should seek a search warrant or using alternative warrant less power
Title: entry and search of places in vehicles incidental to arrest
S83 - E S of P A K9
S84 - E S of V A K9
S83 entry and search of places after arrest
S84 entry in search of vehicle after arrest
Title consent searches
14 yr of age?
Exception?
- 14-year-old cannot consent to the search over place the accor thing unless they are found driving a vehicle and there is no passenger 14 years or over with authority to consent to the vehicles search.
Exception:
- search conducted as a condition of entry to any public or private place
- search conducted under a power
- entry to property under an implied licence
S92 what’s the purpose for which consent search may be undertaken?
- to prevent the commission of an offence
- to protect life or property or to prevent injury
- to investigate whether an offence has been committed
- any purpose and respect of which you could exercise a power of search conferred by an anactment
True or false
True
S95 restrictions on persons under 14yr to consent
Can a young person still consent if they wanted to?
Yes
Title carrying out search powers with or without warrant
S110 - P A A by S P
The surge power with or without a warrant authorises least insurance search and pretty much does anything they want with the place, full occupation of place
S115 - limitation on exercising search powers?
- search power listed in 110 subject to
- any conditions imposed by addition of officer when issuing a search warrant
- the privilege and confidentiality provisions in the ACT
They are also subject the requirements of under S21 BOR
S113 - assistance
You have the power to get assistance however they must be under your wing
- your assistant can only for search places you determine a lawful to search
- any Constable can assist without direction or supervision from police
Tittle special Powers win an application for search wine is pending
S117 - S - S -6hrs
S118 P 2 D I 2 S of P & V
S117 Powers to secure scene you may only exercise these Powers until the first of the following
- the expiry of 6 hours from first when the power is first excised
- warrant is available for execution
- search warrant is refused
S118 power to detain incidental to searches and places of vehicles
- any person arrives at the place or stops or enters or tries to enter -you may detained for a reasonable period of time no longer than the duration of search
- starts when you direct person to remain and into each other they are free to go
S119 S P at P or v
S120 S W S P
S119 Power to search any person arrives at the place
S120 you can apprehend a person before they try to leave in a vehicle.
- you can only apprehend undertake the search only if you are the officer in fresh pursuit or the partner of the officer-in-charge
Title entry, announcement and identification requirements
S127 - S W 2 E S V
S131 - ID & give SW
S117 - NAR
S127 with a search warrant you may enter place u have reasonable grounds to believe the vehicle is to locate and search it.
S117 state name of the enactment purpose for the search
S131(2) exceptions to announcing entry and giving reasons for the search:
- no person is lawfully around or in the vehicle
- compliance with the requirement wood::::
- endanger the safety of any person
- prejudice the success for exercise of the entry and search
- prejudice ongoing investigations
True or false
True
S116 - S T S 2 B S
- Securing the scene to be searched
- exclude any person from the senior area give them a reasonable direction if they trying and obstruct u
Give:
N A R & produce evidence of your police identity
Title: use of force against persons and property
When deciding whether to force entry you must consider the possibility that such entry May present a danger to:
- the police
- The occupants of the premises including children or vulnerable people
- members of the public
True or false
True
Doing an unannounced for sentry may be justified because:
- saving a person on the premises from death or injury
- situations where giving a warning my in danger the police
- preventing the description of evidence
- entering in the course of hot pursuit of an offender
True or false
True
What risk assessment must be considered before making an announce entry?
- tactical options available
- reasonable and practical alternatives to a forced entry
- the seriousness of the offence or circumstances
- any history of violence of any person present on the premises
- danger to please in the public people
- reasonable grounds to believe evidence will be destroyed and disposed off
What can you see during the search?
S110 - A
S110 anything that is subject of the search well that may be lawfully seized
- if you find evidence there is not specified in the warrant you cannot cease it unless:
- you obtain another warrant
- exercise Plainview seizure s123
Items of uncertain status
S112
This power is used if you are not sure what the item is example white powder you can uplift for examination or analysis to determine what it is.
The removal power cannot be used for example you search for cannabis however you find the television which potentially can be stolen
For that you may need to use section 123 Plainview seizure
S123 P V
You can cease items on the course of reasonable grounds to believe that you could search it under the search and surveillance ACT.
What does seizing privilege materials mean?
Special force applied in relation to the search and seizure of privileged or confidential materials held by:
- lawyers
- Ministers of religion
- medical practitioners
- clinical psychologist
Title: noticing and inventory requirements after search and seizure
No later than …. days you must provide the occupier or every other person the following
- (pol 268)
- copy of authority ( pol 1275)
7 days
Limits on who can be treated as occupiers or people in charge?
- under 14 years old of age (unless found driving a vehicle with no passenger or over the age of 14
True or false
True
What are the two courses of action available to you if you have concerns about disclosure of identity information?7dayss134
-delete all market the identity and location on the prop
- apply to a judge for postponement of notice and imagery requirements under section 134
- ** Must be made within 7 days after the warrant is finally executed or the Warrantless power search is exercised***
Title: Road blocks and stopping vehicles for search purposes
Stopping and moving vehicles to search
S121 S V W/WL search
S122 M V 4 P of S & SK
S121 Under a power to search with or without a warrant vehicle
S122 power to move vehicle to search all for safekeeping in relation to evidential purposes
Definition of cartilage?
Means an area attached to a dwelling house or forming one enclosure with it. In an Urban area would include the area within a dividing fence boundary
Powers to stop and move vehicles or closed roads under the land transport act 1998 or other legislation for emergency purposes: must not be used for this purpose of a search. True or false
True
S128 D 2 R S
S129 D 2 P I 2 V D
S9 S V WW 2 E K9
S10 P & D A V S * tell the driver first* if they are not person UAL
You may require the vehicle to remain stopped for as long as reasonably necessary for the exercise of any powers in respect of:
- the vehicle
- The occupants of the vehicle.
S129 - NAR
S9 - stop a vehicle without warrant arrested person if you have reasonable grounds suspect:
- unlawfully at large
- committed an offence
- you believe the person is in or on the vehicle
S10 - after stopping vehicle you require any person that you have reasonable grounds to suspect is unlawful at large to supply their details
- search vehicle to locate the
- locate property that is of evidential material
- if the person it’s been arrested and send fleeing from the vehicle before they can be arrested
- **Before searching you must tell the driver if they’re not the suspect’
Procedure for stopping vehicles
- you must be wearing police uniform and everything else
- be following immediately behind the vehicle and displaying flashing blue lights all flashing blue and red lights and sounding a siren. True or false
True
Title; establishing a roadblock for purpose of arrest
Obtaining authorisation for a warrantless road block
Who can authorise the establishment of a roadblock?
S30 - must be satisfied?
24hrs
S31 - duration
S32 - A R B I WW?
A Senior Constable holding a position level of Sergeant or above orally or in writing
- must have reasonable grounds to suspect benefits has been committed
- unlawfully at large
- suspect the vehicle will travel past place where is proposed a roadblock is established
S30 must be satisfied the safety of all road users will be insured in the area where block will be.
S31 - 24hrs but may be renewed from time 2 time by district court judge for further single-period not exceeding 24 hours specified in writing by the judge.
- if you authorise a roadblock you must keep a written record:
- the location
- the periods for NZ grounds on which authorisation was granted or renewed
S32 any Constable may do any all of these things when Road block is authorised
S128 how long can you have a vehicle remain stop?
S177 P 2 K9
You can require that a vehicle remain stopped for as long as reasonably necessary to enable u to exercise powers above in the respect of the vehicle or it’s occupants
S177 you may rest if they fail to stop when required or to comply with a requirement under section 128
Title; searching people
About personal searches
What’s the three types of personal searches
- rub down search
- strip search
- internal search
Title; powers for searching people
Searching items under persons control?
- anything they are wearing or carrying
- in the accessible position automatic control, include a place or vehicle
S16 -you can search a person in the public place without a warrant if you have reasonable grounds to believe they’re in possession of evidential material relating to an offence to punishable but 14 years prison. True or false
True
Warren searches for people in position of arms
S18 - what are the three factors
- breach of the arms ACT 1983
- incapable of having proper control of a firearm or make killed or calls bodily injury to any person
- Family violence act 2018: protection order or police safety order is in force against the person
Seek approval from a sergeant or above before exercising any is a warrant Powers above
S27 warrant for searches of people for offensive weapons
If you have reasonable grounds to believe the person is committing an offence.
Title: searches of arrested or detained people
S11 - I or I 2 B L UP
You may search person who’s taken into custody and is at police station or other premises and is about to be placed in a vehicle used for police purposes and is or is to be locked up
What does locked up mean?
Taken into lawful custody, behind a closed door or locked door that prevents them from leaving: example -
- cell
- charge room
- police station
- vehicle used by police
S85 R D S 3 K9 or D P
A rub down search is administered to ensure the person is not carrying anything that may be used to:
- harm any person
- facilitate the persons escape
***This power may be used on every person who was arrested or detained
S88 S 4 EM
S88 (2)(2) - seizing samples evidential material from a person’s external body.
The same as S85 however evidential material is added in case they are concealing it.
S88(2) we have to be mindful of the Bill of Rights section 21 in relation to reasonable of a specific search
What are four examples of taking a sample from a person’s external body to be seized?
Sgt approval
- a swab to remove blood from the victim of an assault on the arrested person’s neck
- a finger scraping from the fingers of an arrested rape offender
- a sovereign arrested person skin for gunshot residue
- penile swabs
Searches must be lawful and reasonable and approved by a sergeant
Title; rules in obligations when searching people
S125 -ensure to identify yourself and stayed the reason and the enactment
125 (1) - other general Powers associated with the power to search people.
True or false
True
S21 searches must be reasonable under section 21.
Is the search complies with section 125 it is likely to be reasonable under section 21
However there is still in overriding requirement of reasonableness such as if the search is carried out in a manner unreasonable and the circumstances that maybe a breach of s21.
True or False
True
Title: rub down searches
S85 - What is a rub-down search?
- open their mouth
- display The palms of the hands or the soles of your feet
- left or Bob the hair
S87 -Does evolved down search include visual examination?
Yes but must not include the insertion of any instrument or device or thing into any of the orifices
S86 - things that can be done to facilitate a rub down search?
Remove all items and you can also search any possesions on them which state brought in
