Chapter 4: Search and Surveillance Act 2012 Flashcards

Question

Quick reference guide: warrantless use of powers notifications and reporting (5 Steps) 1. Prior approval from Sgt. 2. POL1275 3. Record decision to use WARRANTLESS power notebook 4. Record use of power notification 5. Where applicable complete bully board notification to notify relevant groups about drugs, firearms, children etc.

Answer 1

1. Obtain prior approval from a sergeant or above where applicable (e.g. arms search under section 18). 2. Provide a written notice to the person present during execution of the warrantless power (POL1275) and an inventory if items seized. If no-one was present complete form POL1275, and leave in a prominent place. 3. Make a record of your decision to use a warrantless power and the reasons for it (i.e. reasonable grounds to suspect / reasonable grounds to believe) in your notebook. 4. Record the use of powers in the Search and Surveillance System for warrantless notifications. 5. Where applicable, complete a notification using the ‘Create Notification’ feature on the Microsoft Outlook Bulletin Board to notify relevant groups about drugs, firearms, children, etc

Answer 2

S92. • to PREVENT the COMMISSION OF AN OFFENCE • to PROTECT LIFE or PROPERTY, or to PREVENT INJURY or HARM • to INVESTIGATE WHETHER AN OFFENCE HAS BEEN COMMITTED • ANY PURPOSE in respect of WHICH YOU COULD EXERCISE A POWER OF SEARCH CONFERRED BY AN ENACTMENT, if you held a particular belief or suspicion specified in the enactment. You MUST HAVE A REASON TO JUSTIFY asking a person to CONSENT SEARCH in any of the above situations. You CANNOT RANDOMLY CONDUCT A CONSENT SEARCH and must not use a consent search to go on "a fishing expedition" to see what might be located.

Answer 3

S93. • determine that the search is for a purpose listed in section 92 • ADVISE the person from whom consent is sought: − of the REASON FOR PROPOSED SEARCH −that they MAY CONSENT or REFUSE TO CONSENT TO THE SEARCH.

Answer 4

S94. • it IS NOT FOR TH PURPOSE SET OUT IN section 92, or • you FAIL TO GIVE REQUIRED ADVICE set out in section 93, or • you undertake a SEARCH RELYING ON CONSENT GIVEN by a PERSON WHO DOES NOT HAVE AUTHORITY TO GIVE THAT CONSENT.

Answer 5

S95. A PERSON UNDER 14 YEARS OF AGE CANNOT CONSENT to the SEARCH OF A PLACE, VEHICLE OR OTHER THING. An EXCEPTION is when they are FOUND DRIVING A VEHICLE AND THERE IS NO PASSENGER of or OVER THE AGE OF 14 YEARS WITH AUTHORITY TO CONSENT TO THE VEHICLE'S SEARCH. (s95) Section 95 does not prevent a person under 14 years from consenting to a search of themselves or anything in their immediate possession or control.

Answer 6

S96. apply to a search conducted: − as a CONDITION OF ENTRY to ANY PUBLIC or PRIVATE PLACE (e.g. a condition of entry to a SPORTING FIXTURE or CONCERT), or − in accordance with a power conferred by an enactment, or affect the rule of law relating to the implied licence to enter property.

Answer 7

Enter and search Enter and search the place, vehicle, or other thing you are authorised to enter and search, and any item(s) found in that place, vehicle or other thing. You can do this at any reasonable time. Request assistance Request assistance from any person with the entry and search (including a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi). Use reasonable force in respect of property only Use reasonable force on property only to carry out the search and lawful seizure. Note: This power does not authorise the application of force to any person (s115(3)). The use of force against a person for the purpose of search is covered by section 125. Seize Seize anything that is the subject of the search or anything else that may be lawfully seized. Bring and use equipment Bring and use any equipment or use any equipment found on the place, vehicle or other thing. You may also use electricity from the place, vehicle, or other thing to operate equipment that it is reasonable to use in the circumstances for the entry and search. Bring and use dog Bring and use a trained law enforcement dog and its handler in or on the place, vehicle, or other thing being searched. Copy documents Copy any document, or part of a document, that may lawfully be seized. Access a computer system or other data storage device Use reasonable measures to access a computer system or other data storage device located (wholly or in part) at the place, vehicle or other thing if any intangible material that is the subject of the search may be in that computer system or device. Copy intangible material Copy intangible material accessed as above or which may otherwise be lawfully seized. This includes previewing, cloning, or using other forensic methods before or after removal for examination. See ‘Accessing and seizing computer material’ in this chapter for more information. Take photographs, and recordings Take photographs, sound and video recordings, and drawings of the place, vehicle, or other thing being searched and anything found there, if you have reasonable grounds to believe they may be relevant to the purposes of the entry and search.

Answer 8

S115. • any CONDITIONS IMPOSED by an ISSUING OFFICER when issuing a search warrant • the PRIVILEGE AND CONFIDENTIALITY PROVISIONS in the Act. (s115) They are also subject the requirements of "reasonableness" under section 21 New Zealand Bill of Rights Act 1990.

Answer 9

S113. • ACCOMPANY THEM WHEN THEY FIRST ENTER the place, vehicle, or other thing to be searched, and • provide REASONABLE SUPERVISION of them. Powers of persons called to assist Any person called to assist you exercise a search power MAY ENTER THE PLACE, VEHICLE OR OTHER THING SEARCHED, but CAN ONLY EXERCISE this and other powers listed in the table above as DIRECTED BY YOU. For example, an assistant can only search places you determine are lawful to search, take photographs, or bring in and use equipment or electricity that you determine may lawfully be taken or used.

Answer 10

S117. AT ANY TIME REASONABLE IN THE CIRCUMSTANCES: • ENTER and SECURE the PLACE, VEHICLE, or OTHER THING, and • SECURE ANY ITEM(S)found there, and • DIRECT ANY PERSON TO ASSIST WITH the ENTRY and SECURING of the place, vehicle or other thing, or the securing of items in it You may only exercise these special powers until the first of the following occurs: • the EXPIRY OF SIX HOURS FROM WHEN POWER IS FIRST EXERCISED • the WARRANT IS AVAILABLE FOR EXECUTION at that place or vehicle or in respect of that other thing • the APPLICATION for a SEARCH WARRANT IS REFUSED.

Answer 11

S118. • was there at the START OF THE SEARCH, or • ARRIVES AT THE PLACE OR STOPS AT, OR ENTERS, OR TRIES TO ENTER, THE VEHICLE WHILE the SEARCH is BEING CARRIED OUT. Y,OU MAY USE REASONABLE FORCE (e.g. HANDCUFFING) TO EFFECT AND CONTINUE THE DETENTION. The detention: • may be for ANY REASONABLE PERIOD BUT NO LONGER THAN DURATION OF THE SEARCH • STARTS WHEN YOU DIRECT the PERSON TO REMAIN and ENDS WHEN YOU TELL THEM they are free to go. Note: As soon as you have detained a person under section 118, you MUST TAKE ACTIVE STEPS TO DETERMINE WHETHER THERE IS A CONNECTION BETWEEN THEM AND THE SARCH. The detention can only be for the shortest period practicable in the circumstances for determining whether there is a connection. You CAN NOT simply DETAIN THE PERSON FOR THE DURATION OF THE SEARCH the person for the duration of the search and THEN ON COMPLETION, CONSIDER THE MATTER OF CONNECTION.

Answer 12

S119. • BELIEVE THAT EVIDENTIAL MATERIAL THAT IS THE OBJECT OF THE SEARCH IS ON THE 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. Exception: AN EXCEPTION to the above is when the SEARCH of the place or vehicle IS FOR DRUGS. In that case, you CAN SEARCH ANY PERSON AT THE SCENE AS A MATTER OF COURSE under section 19 or 21. Note: IF YOU SEIZE ANY ITEM POSING A THREAT TO SAFETY, then it MUST, UNLESS POSSESSION CONSTITUTES AN OFFENCE, BE RETURNED TO THE PERSON: • ONCE YOUR SEARCH HAS BEEN COMPLETED, or • when you are SATISFIED there is NO LONGER ANY THREAT TO SAFETY.

Answer 13

S120. • been FRESHLY PURSUING the PERSON FROM THE INTENDED SEARCH LOCATION UNTIL APPREHENDED, and • you have REASONABLE GROUNDS TO BELIEVE THAT RELEVANT EVIDENTIAL MATERIAL IS STILL ON THE PERSON OR IN OR ON THE VEHICLE. Note: You can effect the apprehension or undertake the search ONLY if you are the officer in fresh pursuit, UNLESS you are acting as that officer's assistant under section 113 and under their direct supervision and control.

Answer 14

S110. ENTER AND SEARCH the PLACE, VEHICLE or OTHER THING they are authorised to enter and search, and any item(s) found in that place, vehicle or thing, at any reasonable time.

Answer 15

S127. | ENTER ANY PLACE where you have REASONABLE GROUNDS TO BELIEVE the vehicle is to LOCATE AND SEARCH IT.