DDC Search and Surveillance

Question 1

Section 7

Answer 1

Entry without warrant to arrest person unlawfully at large.

Question 2

Section 8

Answer 2

Entry without warrant to avoid loss of offender or evidential material.

Question 3

Section 9

Answer 3

Stopping a vehicle to find persons at large or who have committed certain offenses (imprisonable offences).

Question 4

Section 10

Answer 4

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.

Question 5

Section 15

Answer 5

Entry without warrant to find and avoid loss of evidential material relating to certain offenses (14+ years).

Question 6

Section 16

Answer 6

Searching people in public places without warrant for evidential material relating to certain offenses (14+ years).

Question 7

Section 17

Answer 7

Warrantless entry and search of vehicle for evidential material relating to certain offenses.

Question 8

Section 18(1)

Answer 8

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.

Question 9

Section 18(2)

Answer 9

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.

Question 10

Section 18(3)

Answer 10

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.

Question 11

Section 20

Answer 11

Warrantless search of places and vehicles in relation to some MODA 1975 offences.

Question 12

Section 21

Answer 12

Power to search any person found in or on the place or vehicle

Question 13

Section 22

Answer 13

Warrantless power to search a person for drugs

Question 14

Section 27

Answer 14

Searching people in public places without a warrant if RGTS an offensive weapon

Question 15

Section 28

Answer 15

Power to search a vehicle for an offensive weapon

Question 16

Section 83

Answer 16

Power to search a place (and vehicle at that place) for evidential material if RGTB that CADD will take place following an arrest.

Question 17

Section 84

Answer 17

Power to enter and search a vehicle in a public place following an arrest if RGTB evidential material is in that vehicle

Question 18

Section 112

Answer 18

Seizing items of uncertain status found while exercising a search power.

Question 19

Section 117

Answer 19

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.

Question 20

Section 121

Answer 20

Power to stop a vehicle.

This is to search it under another power or if a warrant has been issued to search that vehicle.

Question 21

Section 123

Answer 21

Seizure of items in plain view:

Power to seize the item located while exercising search powers for other things.

Question 22

Visual Surveillance Device

Answer 22

(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.

Question 23

Trespass Surveillance

Answer 23

Means surveillance that involves trespass to land or trespass to goods.

Question 24

Surveillance Device

Answer 24

Means a device that is 1 or more of the following:
A: an interception device
B: a tracking device
C: a visual surveillance device

Question 25

Private Premises

Answer 25

Means a private dwelling house, a marae, and any other premises that are not within the defintion of non-private premises.

Question 26

Private Activity

Answer 26

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.

Question 27

Non Private Premises

Answer 27

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.

Question 28

Curtilage

Answer 28

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.

Question 29

Section 45

Search and Surveillance 2012

Answer 29

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.

Question 30

Section 46

Search and Surveillance 2012

Answer 30

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

Question 31

Section 47

Search and Surveillance 2012

Answer 31

(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.

Question 32

Section 48

Search and surveillance

Answer 32

A surveillance device may be used for up to 48 hours if a warrant could have been issued but emergency/urgency made this impractical.