DDC Search and Surveillance Flashcards
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Section 7
Entry without warrant to arrest person unlawfully at large.
Section 8
Entry without warrant to avoid loss of offender or evidential material.
Section 9
Stopping a vehicle to find persons at large or who have committed certain offenses (imprisonable offences).
Section 10
Powers:
- Require suspect to give their details
- Search the vehicle for offender
- Search the vehicle for evidential material in relation to the offence the vehicle was stopped for if: person arrested or is seen fleeing before they can be arrested.
Section 15
Entry without warrant to find and avoid loss of evidential material relating to certain offenses (14+ years).
Section 16
Searching people in public places without warrant for evidential material relating to certain offenses (14+ years).
Section 17
Warrantless entry and search of vehicle for evidential material relating to certain offenses.
Section 18(1)
Warrantless searches associated with firearms.
(a) Search the person
(b) Search anything in the person’s possession or under their control (including a vehicle)
(c) Enter a place or vehicle to carry out a search of a person or anything in their possession.
(d) Seize and detain any firearms
(e) Seize and detain any firearms license.
Section 18(2)
The circumstances are that the person is carrying the firearms, or is in possession of them, or has them under their control and…
(a) They are in breach of the Arms Act 1983
(b) They, by reason of their physical or mental condition
(i) is incapable of having proper control of the arms
(ii) may kill or cause bodily injury to any person or
(c) That under the Domestic Violence Acy 1995
(i) a protection order or a police safety order is in force against the person or
(ii) there are grounds to make an application against them for a protection order.
Section 18(3)
Warrantless power to enter, search, seize and detain firearms or firearms license if RGTS there are arms in the place or vehicle
(a) in respect of which a category 3 or 4 offence has been, will be, or is being committed.
(b) that may be evidential material in relation to a category 3 or 4 offence against the Arms Act 1983.
Section 20
Warrantless search of places and vehicles in relation to some MODA 1975 offences.
Section 21
Power to search any person found in or on the place or vehicle
Section 22
Warrantless power to search a person for drugs
Section 27
Searching people in public places without a warrant if RGTS an offensive weapon
Section 28
Power to search a vehicle for an offensive weapon
Section 83
Power to search a place (and vehicle at that place) for evidential material if RGTB that CADD will take place following an arrest.
Section 84
Power to enter and search a vehicle in a public place following an arrest if RGTB evidential material is in that vehicle
Section 112
Seizing items of uncertain status found while exercising a search power.
Section 117
Power to enter, secure the place, vehicle or items located and direct a person to assist with executing these powers.
These powers only last 6 hours and a search warrant must be underway.
Section 121
Power to stop a vehicle.
This is to search it under another power or if a warrant has been issued to search that vehicle.
Section 123
Seizure of items in plain view:
Power to seize the item located while exercising search powers for other things.
Visual Surveillance Device
(A)Any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record a private activity but
(B) does not include specticals, contacts, or a similar device used to correct subnormal vision of the user to no better than normal vision.
Trespass Surveillance
Means surveillance that involves trespass to land or trespass to goods.
Surveillance Device
Means a device that is 1 or more of the following:
A: an interception device
B: a tracking device
C: a visual surveillance device
Private Premises
Means a private dwelling house, a marae, and any other premises that are not within the defintion of non-private premises.
Private Activity
Means activity that, in the circumstances, any 1 or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants.
Non Private Premises
Means premises, or part of a premises, to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus Station, railway Station, airport or shop.
Curtilage
The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated open fields beyond. It defines the boundary within which a homeowner can have a reasonable expectation of privacy and where common home activities take place.
Section 45
Search and Surveillance 2012
You can undertake trespass surveillance and/or an interception device if:
- it is an offence punishable by a term of imprisonment of 7 years or more
- it is an offence against section 44, 45, 50, 51, 54 or 55 of the Arms Act 1983.
Section 46
Search and Surveillance 2012
Basically you need a surveillance device warrant for most things. Exceptions are…
- Observe private activity without surveillance device from a public place.
- Observe private activity in the curtilage of private premises by means of a surveillance device for 3 hours in a 24 hour period or 8 hours in total
Section 47
Search and Surveillance 2012
(1) (a) no warrant required if lawfully in private premises and recording what he/she observes or hears there without the use of a surveillance device.
(1) (b) no warrant required when conducting an audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them.
Section 48
Search and surveillance
A surveillance device may be used for up to 48 hours if a warrant could have been issued but emergency/urgency made this impractical.
