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CIB DDP Modules 2024/25 > CIB019 - Search and Surveillance > Flashcards

CIB019 - Search and Surveillance Flashcards

1
Q

What is the purpose of Search and Surveillance Act 2012?

A
  • modernise the law
  • ensure investigative tools are effective and adequate for law enforcement.
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2
Q

What is RGTS?

A

Reasonable grounds to suspect that a situation or circumstance exists

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3
Q

What is RGTB?

A

Reasonable grounds to believe that a situation or circumstance exists

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4
Q

What is a lawful search?

A

A search conducted with:
- a search warrant
- warrantless search power, or
- a persons consent

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5
Q

What is a reasonable search?

A

A search that complies with s21 BOR act and considers factors such as:
- the nature of the search
- how intrusive the search is
- where/when the search took place

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6
Q

What should you consider before any warrantless or consent search?

A

Whether applying for a search warrant is practicable in the circumstances;

If it is practicable you should apply for a search warrant even if a warrantless power is available.

When thinking about what is practicable consider:
- time to gain approval and a search warrant
- can the scene be secured? (s117)
- reasonable resources available to minimise risk and safety
- evidential material at risk
- location of the search and who may be present

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7
Q

If it is not practicable to apply for a search warrant, what are the other search options?

A
  • search using warrantless power
  • search by consent
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8
Q

Why use a search warrant?

A
  • ensure judicial oversight
  • provides greater protection for Police and Public
  • requires recording and reporting of results
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9
Q

What sections apply to searching by consent?

A

s91-s96

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10
Q

What must you determine before searching by consent?

A

Before searching by consent you must determine the search is for one of the following reasons:
- prevent commission of an offence
- investigate whether an offence has been committed
- protect life and property
- prevent injury or harm

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11
Q

What must you advise a person whom a consent search is sought?

A

The reason for the proposed search; and they may consent or refuse to consent to the search

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12
Q

What happens if a person withdraws their consent during a consensual search?

A

Stop the search of the PVorT immediately unless you can invoke a warrantless search power to continue

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13
Q

What should you record about a consent search?

A

The grounds for requesting the search and make notes about the search

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14
Q

Can a person under 14years consent to a search?

A

NO, they are unable to consent to search of a PVorT unless they are found driving a vehicle alone with no passengers

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15
Q

Do you have to report a consent search?

A

NO

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16
Q

Define evidential material

A

Anything in relation to an offence or suspected offence, tangible or intangible of relevance to the investigation of the offence.

Tangible: something that may be touched
Intangible: unable to be touched

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17
Q

Define CADD

A

Concealed, altered, damaged or destroyed.

Must have RGTB that evidential material you are searching for will be subject to CADD

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18
Q

What are your obligations when searching? (s131)

A
  • identify yourself by name or QID
  • announce your intention to enter and search
  • state name of the act
  • give notice by providing a copy of the search warrant.

Provide BOR when person is detained.

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19
Q

What are the exceptions to the identification and notice? (s131)

A

You are not required to comply with identification, intention and notice requirements if you have RGTB no one is present.

Or if you have RGTB this would:
- endanger any persons safety
- prejudice the successful use of the entry and search power
- prejudice on-going investigations

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20
Q

What if a person refuses entry when executing a search warrant or warrantless search power?

A

You may use reasonable force to enter if the person refuses entry or does not allow entry within a reasonable time

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21
Q

What does s110 authorise you todo? (Search powers)

A
  • enter and search PVorT
  • search any item or items found in PVorT
  • use reasonable force to carry out the search
  • seize anything that is subject to the search or anything that may be lawfully seized.
  • request assistance with entry and search
  • bring and use any trained law enforcement dog and handler
  • copy any document that may be lawfully seized
  • access a computer system or other storage device
  • copy intangible material e.g computer data
  • take photographs, sound video recordings and drawings
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22
Q

What powers do you have if your search is impeded? (s116)

A

If you search is impeded by any person or you have RGTB any person would obstruct/hinder your ability to search you can:
- exclude that person from PVorT being searched
- give any reasonable direction to that person

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23
Q

Explain the additional powers you can use when searching warrantless or warrant
s116,s118,s119,s120

A

s116
- you can secure any PVorT to be searched and exclude any person from there.

s117
- you can detain people when searching PorV to determine their connection with the object of the search.

s118
- you can search any person found in PorV if you have RGTB that evidential material relating to the object of the search is on that person OR
- if you have RGTS the person is in possession of a dangerous item that poses a threat to safety.

s120
- if you are in fresh pursuit and have RGTB evidential material is still on the person, you have the power to enter any place to apprehend and search the person

24
Q

What are the special rules for searching people? (s125)

A

You can search any item that the person is wearing, carrying or has in their physical possession or immediate control.

Any search must be with decency and sensitivity.

You can also seize any item that may be lawfully seized as a result of the search

25
Q

What is privileged material?

A

Privilege allows the holders of particular information to refuse to disclose this information

26
Q

When does privilege not apply?

A

No privilege applies if the information is made, received, complied or prepared for a dishonest purpose or to enable or aid any person to commit an offence

27
Q

Who are some sources of privileged material?

A

Recognised privileged material includes material gained through communication with:
- legal advisors
- ministers of religion
- medical practitioners
- clinical psychologists
- informants (CHIS)

28
Q

When considering whether applying for a search warrant is practicable, what should you remember ?

A

In certain circumstances, with supervisor approval, you can:
- apply for a search warrant orally
- apply for a search warrant without approaching an issuing officer in person(by using the phone)
- secure a scene while you apply for a search warrant for a maximum period of 6hrs (s117)

Note: if oral approval is sought, you must back capture the information in the s&s system ASAP

29
Q

What must you do before making an online search warrant application?

A
  1. Be sure there is:
    - RGTS an office punishable by imprisonment has/is/will been or about to be committed and;
    - RGTB that the search of the PVorT will find evidential material.
  2. Have checked the targets history in NIA
  3. Have assessed the risks associated with executing the search warrant
  4. Have obtained initial approval from a supervisor sergeant or above to make the application
30
Q

What special powers does s117 provide whilst a search warrant application is pending?

A

If a search warrant application has been made or is about to be made and you have RGTB that evidential material may be CADD or removed before the search warrant is issued you may;
- enter and secure PVorT
- secure any item found there
- direct any person to assist with entry and secure items in it

31
Q

Who can issue a search warrant?

A

An issuing officer;
- district court judge
- high court judge
- justice of the peace
- community magistrate
- registrar
- deputy registrar

32
Q

Who maybe execute a search warrant?

A

The person who is directed or any constable

33
Q

How long is a search warrant valid?

A

No more than 14days from the date of issue

or no more than 30days from the date of issue, if you have justified why this is necessary

34
Q

When can a search warrant be executed?

A

At any time that is reasonable under the circumstances or at a restricted time as required by the issuing officer

35
Q

When is a search warrant considered executed?

A

When you;
- have seized the evidential material specified in the search warrant
- leave the place,vehicle or other thing to be searched and don’t return within 4hrs.

36
Q

How often can a search warrant be executed?

A

Once, unless more than one occasion is applied for.

37
Q

What is an application to postpone compliance with notice obligations? s134

A

An application to postpone is made under s134 and should be presented to the judge:
- at the time of the search warrant application or before the 7 days has passed after warrant execution.

This is to postpone your notice obligations under s131 for a period not exceeding 12hrs

38
Q

What power does s121 provide?

A

The power to stop a vehicle if you intend to search it.

You may use s121 to stop a vehicle if you have authority to search the vehicle by executing a search warrant or using a warrantless power

39
Q

What are your powers in relation to items in plain view? s123

A

You may seize any item you find in plain view if you have RGTB that you could seize the item under a search warrant or warrantless power

40
Q

What is the duration of a PO?

A

A Production Order is in force for a specific period not exceeding 30 days.

41
Q

Where practicable who should you obtain written authority to make an PO application from?

A

A constable of or above the position level of sergeant

42
Q

What grounds must you have to apply for a PO?

A

RGTS that an offence has/is/will be committed and;
RGTB the documents sought by the PO hold evidential material in respect of the offence and are in the possession/control of whom the order is sought against

43
Q

What is the policy regarding damage claims related to search warrant executions?

A

OIC’s should assist owners in putting their claim forward for consideration if they lack the ability to do so, when there is a basis for making such a claim

44
Q

What is a surveillance device?

A

A device that assists and enhances your normal capabilities to carry out surveillance;

  • a visual surveillance device
  • an interception device
  • a tracking device
45
Q

What is a visual surveillance device?

A

a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used to observe, or to observe and record , a private activity, but

b) does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.

46
Q

Define private premises

A

Private premises means a private dwelling house, a marae, and any other premises that are not within the definition of non-private premises.

47
Q

Define private activity

A

The definition of private activity acknowledges fundamental human rights.

A participant in an activity can reasonably expect the activity is private, if it is carried out in private premises.

E.g;
- sleeping in a hotel
- planting in your back garden
- trying on clothes in a changing room

48
Q

Define private communication?

A

a) communication (whether in oral or written form or telecommunications) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties.

any person can reasonably expect their communication to be private where they have the right to expect it will not be intercepted or recorded.

Where reasonable expectations of privacy are interfered with or intruded by the use of an interception device, a SDW is required.

49
Q

Define curtilage?

A

Means the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any open Field.

It defines the boundary which a home owner can expect reasonable privacy.

Activities that do not require a warrant cover the use of a visual surveillance device within the curtilage of private property but usage is restricted to time limitations.

50
Q

What are the curtilage limitations? s46 visual surveillance device

A

A visual surveillance device may be lawfully used without a SDW to gather evidential material for a serious offence if it does not exceed the time limits of 3hrs in any 24hr period; or 8hrs in total

51
Q

Explain voluntary oral communication s47

A

A voluntary oral communication is a communication between one or more persons where at least one party in the communication gives their consent for the communications to be recorded

52
Q

Define tracking device

A

a device that may be used to help ascertain, by electronic or other means, either or both of the following;
- the location of a thing or a person
- whether a thing has been opened, tampered with, or in some other way dealt with but;
- does not include a vehicle or other means of transport, such as a boat or helicopter.

A SDW is still required for a tracking device.

53
Q

When will a SDW authorise a tracking device?

A

To obtain evidential material for the investigation of any offence punishable by imprisonment

54
Q

What period may a SDW be issued for?

A

For a period no more than 60days after the warrant is issued.
There is no renewal period, after 60days a new SDW must be applied for

55
Q

What are the search powers available when executing a SW?

A

s112 - seize items of uncertain status
s116 - securing a PVorT to be searched and excluding any person from the PVorT
s118 - power to search incidental to search of PorV
s119 - power of search by a person who has a power of arrest
s121 - power to stop vehicles for search
s122 - move vehicles for search/safekeeping
s123 - seizure of items in plain view

56
Q

What are the rules and obligations when executing a search warrant?

A

s110 - powers incidental to search
s125 - the rules for searching people
s131 - identification and notice requirements when searching PVorT
s169 - reporting

CIB DDP Modules 2024/25 (8 decks)

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