CIB Module - SASA2012 Flashcards
What is the purpose of the Search and Surveillance Act 2012?
Section 5:
The purpose of the Act is to facilitate the monitoring of compliance with the law and the investigation and prosecution of offences in a manner that is consistent with human rights values by:
- 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,
- Ensuring investigative tools are effective and adequate for law enforcement needs.
How will Police comply with the Act?
To meet its objectives and obligations when carrying out entries, searches, inspections, productions, examinations, seizures, road blocks and stopping vehicles, Police will:
- Ensure it has a lawful authority to conduct such activities and exercise any other incidental power in relation to those activities, including the use of force,
- Conduct risk assessments when planning the exercise of those powers and take action to mitigate risks to protect the safety of the public and employees carrying out the Act’s powers,
- Only seize what Police are lawfully entitled to seize,
- Provide appropriate announcements and identification in the exercise of those powers,
- Satisfy requirements detailed in the Act (e.g. notice and inventory requirements after search or seizure).
Define: Reasonable grounds to suspect.
Reasonable grounds to suspect (RGTS) means having a sound basis for suspecting that a situation or circumstance exists.
Example:
You enter a house or vehicle because you suspect an offence has been, is being, or is about to be committed there.
Define: Reasonable grounds to believe.
Reasonable Grounds to Believe (RGTB) means having a sound basis for believing that a situation or circumstance exists.
Example:
You enter and search a house or vehicle, or search a person because you believe that a search will find the evidential material you are looking for.
What should you note with regard to RGTS and RGTB?
When you have formed a belief or suspicion you must be able to clearly describe your reasons – your reasonable grounds – for holding the belief or suspicion.
You must:
- Record your reasonable grounds for using a search power in your notebook. This is your decision log.
Be aware that you may be required to:
- Report on your decision to use a power and your grounds for using it,
- Justify your use of a power in court or in other formal proceedings.
What is a lawful search?
A lawful search is a search that is conducted:
- With a search warrant, or,
- Under a warrantless search power, or,
- With the person’s consent.
What is a reasonable search?
A reasonable search is a search that complies with Section 21 of the New Zealand Bill of Rights Act.
It considers factors such as
- The nature of the search,
- How intrusive the search is,
- Where and when the search takes place.
What should you consider before conducting a search?
Before considering any search, you must think about whether applying for a search warrant is practicable in the circumstances.
If it is at all practicable to do so then you should apply for a search warrant even if a warrantless power is available.
A decision that applying for a search warrant is not practicable must be based on RGTB that it is not practicable to apply for a search warrant in the circumstances.
What factors influence whether it is practicable to obtain a search warrant?
When you are thinking about what is practicable consider questions such as:
- Is there time to gain approval and apply for a search warrant,
- Can the scene be secured (under Section 117),
- Are reasonable resources (including number of staff) available to minimise risk and ensure safety,
- Is the evidential material at risk,
- Location of the search and who may be present.
If it is not practicable in the circumstances to apply for a search warrant, what two options may be available?
- Search using a warrantless power – if a warrantless power is available to you, then you have a power of search without a warrant.
- Search by consent – if you do not have grounds to apply for a search warrant or to use a warrantless power, then you may request a search by consent. A consent search is not the most desirable action as there are additional rules that apply to consent searches and these rules must be followed if the search is to be lawful.
If you do not have a search warrant, a warrantless power of search, or consent from the person, can you conduct a search?
No.
What are three advantages of using a search warrant?
- Ensures judicial oversight,
- Provides greater protection for Police and the public,
- Requires recording and reporting of results.
What Sections of the Act cover consent searches?
Sections 91-96.
What must you determine before conducting a consent search?
Section 92:
Before conducting a search by consent, you must determine that the search is for one of the following reasons:
- To prevent the commission of an offence,
- To investigate whether an offence has been committed,
- To protect life or property,
- To prevent injury or harm.
One or more of these situations must exist to justify any consent search. 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.
What advice must you give to a person before conducting a consent search?
Section 93:
Before conducting a search by consent, you must advise the person from whom consent is sought:
- Of the reason for the proposed search, and,
- They may consent or refuse to consent to the search.
Note: a person who consents to a search of themselves, place, vehicle or thing in their control may withdraw their consent at any time.
Who is unable to consent to a search, and what is an exception to this rule?
A person under 14 years old is unable to consent to the search of a place, vehicle, or other thing.
The exception is if they are found driving with no passenger of or over 14 years of age with authority to consent to the vehicle’s search.
Do you have to report a consent search?
No.
When is a consent search unlawful?
Section 94:
A search by consent is unlawful if:
- It is not for a purpose set out in section 92, or,
- The enforcement officer fails to comply with section 93(a), (b), or (c), or,
- The search is undertaken in reliance on a consent given by a person who does not have authority to give that consent.
Define: Evidential material.
Evidential material, in relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.
Define: Tangible.
According to the Oxford Dictionary, tangible means something that may be touched.
Define: Intangible.
According to the Oxford Dictionary, intangible means ‘unable to be touched; not having physical presence’.
What are two examples of an intangible thing?
Section 97:
- An email address, or,
- Access information to an Internet data storage facility.
What does CADD stand for?
Concealed
Altered
Damaged
Destroyed
Give an example of how evidential material might be concealed.
By burying or hiding items in another place or removing items.