Chapter 4 Search & Surveillance Act 2012 Flashcards
What is the definition of evidential material
any information (tangible or intangible) that has relevance to any investigation of an offence,
What is the definition of RGB
Sound basis for believing something actually exists/happens
What is the definition of RGS
Sound basis for suspecting something likely exists/happens
What are the general principles that apply to searches
→ 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
What do you need for a search to be lawful
→ warrant-less power
→ search warrant
→ consensual aggreement
What is the theme of inevitable discovery under R v Williams
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.
What does S.21 NZBORA say about unreasonable searches
That everyone has the right to be secure against unreasonable search/seizure
What are the purposes under S.92 for which a consensual search may be used
→ prevent an offence
→ protect life/property & prevent harm
→ investigate whether offence committed
→ for any purpose conferred in an enactment
What is the advice given for a consensual search
→ determine if it is for reason under S.92
→ advise person reason for search
→ that they may consent & refuse at any time
When would a consensual search be unlawful - S. 94
→ 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
What is the restriction (S.95) on persons U.14
→ 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
What are the disadvantages of consensual search
→ 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
What are the powers incidental to search
→ 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
What are the limitations of excerising search powers as per S.115
→ any conditions imposed by issuing officer
→ privilege and confidentially provisions
What are the powers of persons called to assist
may enter but can only exercise tasks as directed by you
What are the special powers when an application for SW is pending - S.117
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
What are the powers of detention under S.118 when search being organised
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
What are the powers to search a person whilst searching a place or vehicle - S.119
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.
what are powers of search when suspect pursued after leaving search scene
may K9 or enter place to K9 person IF freshly pursuing and RGB has evidence on them.
Outline S.127 SW to enter and search vehicle
if you have SW to search vehicle you can enter any place if you have RGB vehicle is there
what are the requirements for ID and announcement on entry - S.131(1)
→ 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
what are the exemptions to announcing
→ no person is present
→ compliance would endanger safety, hinder successful entry or search and any ongoing investigation
What are the requirements to secure the scene under S.116
→ secure the scene
→ exclude any person from scene
→ if requested ID yourself, if not in uniform.
→ wearing SRBA only is not deemed uniform
what are the circumstances for using force
when exercising search power can use reasonable force to carryout search/seizure against property or person, if entry is denied or refused
