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S/Sgt CPK November 2017 > CH 4 - Search & Surveillance > Flashcards

CH 4 - Search & Surveillance Flashcards

1
Q

What is the definition of: Reasonable grounds to believe?

A

sound basis for believing that a situation or circumstance ACTUALLY exists.

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2
Q

What is the definition of Reasonable grounds to suspect?

A

sound basis for suspecting that a situation or circumstance is LIKELY to exists.

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3
Q

Describe the 3 main point of: Evidential Material (in relation to an offence)

A
  • Evidence of the offence or any other item
  • tangible or intangible
  • relevant to investigation
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4
Q

What is a tracking device?

(3 points)

A
  • Device (electronic or other) to help:
  • located on thing or person
  • Whether a thing has been tampered/opened/dealt with (does not include any vehicle)
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5
Q

What is an Interception device? (2)

What does it not include? (1)

A
  • Device capable of intercepting/recording
  • A private communication:
  • Does not include hearing aid
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6
Q

What is an Visual Surveillance device?

(3 points)

What does it not include? (1)

A
  • Electrical, mechanical, optical, electro optical, instrument or device
  • Capable of observing/recording
  • A private activity:
  • Does not include specs/glasses
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7
Q

What are the two types of searches that can be conducted immediately following arrest?

A
  • Rubdown s.85-87
  • Warrantless Search s.88
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8
Q

What is the primary purpose of a s.11 search of people in police custody and who should conduct the search?

(2)

A
  • protect person’s property and remove items that they might harm themselves with.
  • custodial or watchhouse employees
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9
Q

Custody Search (s.11 SSA2012) Where can a warrantless search of a person taken into custody take place?

(3 points)

A
  • Police Station
  • Police Vehicle/Premises (police purpose)
  • Locked up (pending bail decision)
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10
Q

Custody Search (s.11 SSA2012) When can you conduct a search of a person after they have been locked up?

(4 points)

A
  • not searched before
  • suspect close to person not locked up
  • suspect close to person locked up
  • not searched RG person may have anything/cause harm
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11
Q

What are the ground for applying for a search warrant?

Clue: rg2s =

rg2b=

A
  • RG2S offence punishable by imprisonment being/about to/has been committed AND
  • RG2B search will locate evidential material related to offence in place vehicle or thing
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12
Q

Search Warrant

What must an issuing Officer be satisfied of, in relation to you having RG to suspect…..

(2 points)

A
  • offence specified Imprisonable
  • is / will / has been committed
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13
Q

What must an issuing Officer be satisfied of in relation to you having RG to:Believe……

(3 points)

A

Suspect:

  • Search will locate evidential material
  • related to offence
  • in/on place, vehicle, thing
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14
Q

What does a search warrant authorise you to do?

(2 points)

A
  • Enter and search any Place, vehicle, thing &
  • search for evidential material relevant to an imprisonable offence
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15
Q

An issuing officer may allow a search warrant application to be given orally (telephone/in person) if:

(3 points)

A
  • delay would compromise search
  • properly determined by oral comms
  • all info supplied to issuing officer Note: Must be back captured in S&S system withing 24 hours
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16
Q

What are the steps for making a Written applications - Search and Surveillance system?

(12)

A
  • Obtain initial approval
  • Set-up NIA case
  • Assess Risk
  • Assess community impact
  • Complete application
  • Complete de confliction
  • Application history
  • Complete NIA checks
  • Record other applications
  • Seek online approval
  • Print and sign warrant/ Application
  • Seek issue of warrant
17
Q

What must the issuing officer not require the applicant to disclose?

(1 points ) May ask questions when wanting to assess: (2 points)

A
  • name, address, identifying details of Informant wanting
  • credibility of informant proper basis for issuing warrant
18
Q

When search warrant is pending what are your powers under s117?

(3)

A
  • enter and secure place/vehicle/thing
  • secure items
  • direct person to assist
19
Q

s.117 The power to enter a place and securing items (because they may be destroyed) prior to a search warrant being granted, can only be used up until the first of the following occur?

(3 things)

A
  • 6 hours after first exercised
  • warrant is made available
  • warrant is refused
20
Q

When applying for a search warrant you must list the details of any previous applications for the last __ _____ and _______ of that/those application(s)

A
  • 3 months and
  • results of that/those application(s)(results must be recorded online)
21
Q

When do you NOT NEED a surveillance device warrant?

(3 points)

A
  • record see/hear lawfully on private property no S device.
  • covert audio recording betwn 2 persons 1 consent using device
  • authorised by another act
22
Q

Purpose of the act s.5

What are the three elements

A
  • Modernising the law of search, seizure, and surveillance to take into account advances in technologies and to regulate the use of those technologies
  • Providing rules that recognise the importance of the rights and entitlements affirmed in other enactments, including the New Zealand Bill of Rights Act 1990, the Privacy Act 1993, and the Evidence Act 2006
  • Ensuring investigative tools are effective and adequate for law enforcement needs.
23
Q

What does “locked up” mean?

A

“Locked up” means a person taken into lawful custody and being placed behind a closed or locked door that prevents them from leaving. Examples are a cell or charge room at a Police station or a vehicle used for Police purposes (other than being placed in a Police vehicle only for the immediate purposes of transport).

24
Q

Who may apply for a search warrant?

A
  • Any constable may apply for a search warrant.
  • Other persons (e.g. an enforcement officer such as a customs officer) are authorised to apply under other enactments.
  • Note: Private individuals, for example - private investigators, cannot apply for a search warrant. They may instead make a complaint of an offence to you. If you are satisfied that there are sufficient grounds for obtaining a search warrant, then you may apply for the search warrant for Police execution.
25
Q

Supervisor’s approval required before applying

What are the key points? (3)

A
  • Where practicable, you must obtain written (includes electronic) authority from a supervisor
  • of or above the position level of sergeant
  • A written ‘Pre-Search Warrant Risk Assessment SP 240’ must be submitted to the supervisor at the time of seeking authorisation
26
Q

What is an informant?

A

any person who provides verbal or written information, whether or not in recorded form, to a law enforcement officer.

27
Q

Three types of surveillance device?

A
  • Interception device
  • tracking device
  • visual surveillance device
28
Q

Surveillance with or without trespass

Important rules (2)

A

Remember:

  • No surveillance device and no trespass is involved, then neither a warrant nor a warrantless surveillance power is needed
  • No surveillance device but trespass is involved, then a search warrant is required.

S/Sgt CPK November 2017 (19 decks)

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