Chapter 4: SAS 2012 and NZ BOR Act 1990

Question 1

Meaning of: Evidential Material

Answer 1

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

Question 2

Reasonable Grounds to believe

Answer 2

Believing that a situation or circumstances actually exist

Question 3

Reasonable Grounds to suspect

Answer 3

Circumstances likely to exist

Question 4

Searches of arrested or detained persons. Which power should be used?

Answer 4

A rubdown Search under S85-87

A warrant-less search under S88.

Question 5

S11 - Searching People who are or to be locked up in Police Custody

Answer 5

You may search a person who has been taken into lawful custody -
At a Police Station or other place used for Police purposes

You may take any money/property found during the search

This may be exercised before the person is locked up.

Question 6

What does locked up mean?

Answer 6

A person taken into lawful custody and being placed behind a closed or locked door that prevents them from leaving. cell or charge room or a vehicle used for police purposes (other than being placed in a Police vehicle only for the immediate purpose of transport)

Question 7

Searching people after they are locked up

Answer 7

After a person is “locked up” you can ONLY search them if they -
Were not searched before being locked up
Since being searched before being locked up and have been in or are reasonably suspected of having been in close proximity to a person who is not locked up or RG to believe the person is in possession of anything that may harm themselves or other

Question 8

When is a search warrant required ?

Answer 8

Unless it is impracticable in the circumstances, you must obtain a search warrant before conducting a search of place vehicle or thing

Where practicable you must obtain written authority from a supervisor of or above the levle of sgt.

Question 9

Grounds for applying for a search warrant

Answer 9

Reasonable Grounds to:
Suspect an offence punishable by imprisonment has been, being or will be committed and
Believe that the search will find evidential material in respect of the offence in the place etc S6

Question 10

Modes of application for SW

Answer 10

Writing , in person or orally

Question 11

Steps for written application

Answer 11

1. Obtain initial approval - from supervisor
2. Set up NIA case - Avoid ID target addresses to avoid compromise to the operation
3. Assess risks
4. Assess Community Impact
5. Complete Application
6. Complete De-confliciton
7. Application history
8. NIA CHECKS
9. Record other applications
10. Seek online approval - through supervisor (sgt or higher)
11. Print and sign warrant
12. Seek issue of the warrant

Question 12

Informant?

Answer 12

Any person who provides verbal or written information (whether or not) recorded to LEO.

Informant is not restricted to CHIS

Question 13

CHIS

Answer 13

Covert Human Intelligence Source

Names and other ID features of informants who are not registered as CHIS may be withheld but care must be exercised to ensure they are informants rather than witnesses.

Whilst issuing officer may require more information, they must not in any circumstances require you to disclose the name address or any other ID features

Question 14

Power to Secure Scenes S117

Answer 14

If a SW is about to be made

You may at any time that is reasonable in the circumstances, enter and secure the place
secure items found
direct any person to assist with entry etc

If you believe that evidential material will be CADD

You may only exercised these powers until the first of the following occurs:
The expiry of 6 hours from when the power is first exercised
The warrant is available
The application for the warrant is refused

Question 15

SV types of devices

Answer 15

Interception device
Tracking Device
Visual Surveillance Device

Question 16

SV without a device

Answer 16

SV not involving use of a device is not governed by this act.

SV without a Device cannot be authorised by warrant
Will be unlawful if it involves trespassing
Will be lawful and able to be undertaken without restriction for any purpose

There is nothing to preclude getting a search warrant to trespass on a place in order to conduct SV without a device. Flying over property does not constitute trespass and includes use of drones.

Question 17

Single Regime

Answer 17

The act makes it possible to make a single application for one warrant to use more than one device

Question 18

SV with or without tresspass

Answer 18

If no SV device is used and no trespass is involved then neither a warrant nor warrantless search power is needed for your SV activity

If no SV device is used and trespass is involved then a SW is required.

Question 19

SV wo warrant

Answer 19

If you carry out SV with a device and conduct a search or seize or obtain any evidential material without warrant where you HAD THE OPPORTUNITY TO OBTAIN A WARRANT. The material obtained may be inadmissible.

Question 20

NZ BOR A1990

S21
S22
S23
S24
S25

Answer 20

S21 protection against unreasonable search and seizure

S22 protection against arbitrary k9 or detention

S23 rights of persons arrested or detained

S24 rights of persons charged with offence

S25 minimum standards of criminal procedure

Question 21

Key Rules for Police Arising from the Act

Answer 21

1. When you are investigating an offence and you locate suspects or other people you may think may provide useful information, you may ask questions but must not suggest it compulsory for the person to answer
2. If you want to question someone and you ahve sufficent evidence to charge the person with an offence, you must caution the person before inviting them to make a statement or answer any questions
3. If you have k9 or detained any person pursuant to any enactment, you must caution them. Even if you have already given the caution before the suspect was k9 or detained.
4. There is no power to detain a person for questioning or to pursue enquiries although a person can assist voluntarily with enquiries.

Question 22

A search is not?

Answer 22

Kneeling and using a torch to observe an article inside a car headlight

asking a person to hold up a bike so the serial number can be checked

Asking a person to hold out their hand for inspection

A voluntary request to a power company for aggregated monthly power usage data

Question 23

Unlawful Searches

Answer 23

Will almost always be unreasonable and a breach of s21.

Question 24

Stopping vehicles to arrest

Answer 24

You cannot stop a vehicle to undertake general enquiries it may be classed as arbitrary detention.

You can stop a vehicle for any provisions of land transport act 1998 under S114

S9 SAS to stop a vehicle for k9 person who committed offence or unlawfully at large

Question 25

Ensuring Rights are understood

Answer 25

It may be necessary to inform an k9 or detained person more than once of his rights

Question 26

Without delay - re caution

Answer 26

LEO cannot be expected to be concerned with uttering warnings while their safety is threatened. However, once control is established they should be informed of their rights.

Question 27

Other phone calls

Answer 27

No legal requirement to offer a suspect to phone multiple lawyers if they are not satisfied with the legal advice they have obtained when their rights have been properly facilitated.