Chapter 4 Search & Surveillance Act 2012

Question 1

What is the definition of evidential material

Answer 1

any information (tangible or intangible) that has relevance to any investigation of an offence,

Question 2

What is the definition of RGB

Answer 2

Sound basis for believing something actually exists/happens

Question 3

What is the definition of RGS

Answer 3

Sound basis for suspecting something likely exists/happens

Question 4

What are the general principles that apply to searches

Answer 4

→ all searches must be lawful & reasonable
→ always consider getting SW first
→ always consider using warrant-less search over consensual searches (if you can’t get a SW)
→ must record you RGS & RGB
→ people subject to search have right to know authority for search/ reasons for search
→ any force must be reasonable
→ search/seizure should be witnessed
→ document seized property

Question 5

What do you need for a search to be lawful

Answer 5

→ warrant-less power
→ search warrant
→ consensual aggreement

Question 6

What is the theme of inevitable discovery under R v Williams

Answer 6

Any evidence obtained as a result of a breach of NZBOR (if it would have inevitably been discovered anyway) is a factor to be considered in the balancing test of S.30 EA.

Question 7

What does S.21 NZBORA say about unreasonable searches

Answer 7

That everyone has the right to be secure against unreasonable search/seizure

Question 8

What are the purposes under S.92 for which a consensual search may be used

Answer 8

→ prevent an offence
→ protect life/property & prevent harm
→ investigate whether offence committed
→ for any purpose conferred in an enactment

Question 9

What is the advice given for a consensual search

Answer 9

→ determine if it is for reason under S.92
→ advise person reason for search
→ that they may consent & refuse at any time

Question 10

When would a consensual search be unlawful - S. 94

Answer 10

→ not a S.92 purpose
→ fail to give reasons for search & that they can consent or not
→ use consent given by someone without a mandate to do so

Question 11

What is the restriction (S.95) on persons U.14

Answer 11

→ can not consent to search unless they are diving and no one else in car over 15
→ Person U.14 can consent to a search of themselves or thing in their control

Question 12

What are the disadvantages of consensual search

Answer 12

→ person can withdraw consent
→ if a search power is invoked after w/d of consent then initial request could be meaningless
→ could be challenged in court

Question 13

What are the powers incidental to search

Answer 13

→ enter and search 
→ request assistance
→ use reasonable force
→ seize
→ bring and use equipment
→ bring and use dog
→ copy docs
→ access computer or data storage device
→ copy intangible material
→ take photo/recording

Question 14

What are the limitations of excerising search powers as per S.115

Answer 14

→ any conditions imposed by issuing officer

→ privilege and confidentially provisions

Question 15

What are the powers of persons called to assist

Answer 15

may enter but can only exercise tasks as directed by you

Question 16

What are the special powers when an application for SW is pending - S.117

Answer 16

If you believe that evidence may be CADD before decision is made, you may secure place/vehicle/item for up to 6 hours or until SW is either granted or refused

Question 17

What are the powers of detention under S.118 when search being organised

Answer 17

If someone is at the scene or arrives during search you may detain any person to see if they are connected to SW. Must determine connection asap

Question 18

What are the powers to search a person whilst searching a place or vehicle - S.119

Answer 18

may search person at scene who is present or arrives doing search if RGB person has evidence or RGS person has dangerous item on them.

exemption if drug search - can search person as of right.

Question 19

what are powers of search when suspect pursued after leaving search scene

Answer 19

may K9 or enter place to K9 person IF freshly pursuing and RGB has evidence on them.

Question 20

Outline S.127 SW to enter and search vehicle

Answer 20

if you have SW to search vehicle you can enter any place if you have RGB vehicle is there

Question 21

what are the requirements for ID and announcement on entry - S.131(1)

Answer 21

→ b4 initial entry must announce your intention to enter/search and under which power
→ identify yourself - produce badge if not in uniform
→ give occupier copy of SW

Question 22

what are the exemptions to announcing

Answer 22

→ no person is present

→ compliance would endanger safety, hinder successful entry or search and any ongoing investigation

Question 23

What are the requirements to secure the scene under S.116

Answer 23

→ secure the scene
→ exclude any person from scene
→ if requested ID yourself, if not in uniform.
→ wearing SRBA only is not deemed uniform

Question 24

what are the circumstances for using force

Answer 24

when exercising search power can use reasonable force to carryout search/seizure against property or person, if entry is denied or refused

Question 25

what are some reasons for doing unannounced entry

Answer 25

→ saving person from death/gbh
→ warning might endanger police
→ prevent destruction of evidence
→ hot pursuit of offender

Question 26

What items can you search for

Answer 26

items specified on SW or authorised under warrant-less power. Vehicle can be searched if it is on the property, but a vehicle on the road needs to be specified on SW

Question 27

Outline S.112 items of uncertain status

Answer 27

you can remove an item to be checked if you are not certain it is an item you are searching for.

Question 28

Outline S.123 seizure of items in plain view

Answer 28

you can seize items in plain view if you are already conducting a lawful search and you have RGB that those items could have been seized under another SW or warrant-less search

Question 29

What are the forms you have to give the occupier

Answer 29

→ copy of SW
→ list of items seized POL268
must be provided asap and within 7 days

Question 30

what is the definition of curtilage

Answer 30

an area attached to a dwelling house and forming one enclosure

Question 31

what are the powers for stopping vehicles under SSA

Answer 31

→ S.121 may stop vehicles to conduct search with or without warrant
→ S.122 may move a vehicle to another place to search or for safekeeping if you have lawful authority and it cant be done at scene
→ S.128 vehicle to remain stopped as necessary
→ S.129 identify yourself and state authority for search and produce ID if not in uniform
→ S.9 can stop a vehicle to K9 someone if RGS u/l at large or committed a crime and believe in the vehicle

Question 32

Outline powers and duties after vehicle stopped

Answer 32

→ before search must tell driver (if not the prn) of reason for stop
→ require person you suspect to supply details
→ search vehicle for prn
→ search vehicle for evidence for offence linked to the stop, if prn K9 or flees
→ can K9 (S.177) if fails to provide address

Question 33

How can a road block be established to K9 offender

Answer 33

→ NCO or above may orally or in writing authorise road block if RGS in a vehlcle is a person committed crime punishable by imp or U/L at large
→ valid for 24hours
→ DCJ can extend another 24hours
→ must keep record of reasons and location
→ vehicle must remain stopped (S.128) as appropriate to carryout search
→ can K9 (S.177) if fails to stop
→to guage if road block is reasonable must CIA (community impact assessment) must be done