Deck One Flashcards
Reasonable grounds to suspect
Reasonable grounds to suspect (RGTS) means having sound basis for suspecting that a situation or circumstance exists
EG: you enter a House or Vehicle because you suspect an offence has been, is being or is about to be committed there
Reasonable grounds to believe
Reasonable grounds to believe (RGTB) means having sound basis for believing that a situation or circumstance, exists.
EG: 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.
Reasonable Grounds
When you’ve formed a belief or suspicion you must be able to clearly describe your reasons – your reasonable grounds.
You must:
- -record in your reasonable grounds for using a search power in your notebook. This is your decision log You may be required to: -Report on your decisions to use a power and your grounds for using it.
- -Justify your use of a power in court or in other formal proceedings
Lawful and reasonable
- Lawfull Search
Lawful and reasonable A LAWFUL search:
- With a search warrant
- under a warrantless search power
- with the persons consent
Lawful and reasonable - Reasonable
A REASONABLE search:
- Complies with section 21 of the NZ bill of Rights Act and considers factors such as:
- The nature of the search
- How intrusive the search is
- Where and when the search takes place
Is Search Practicable in the Circumstances
If it is 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 for a search warrant in the circumstances.
Practicable in the Circumstances : Questions to consider
- -is there times to gain approval and apply for a search warrant
- -can the scene be secured (under sec 117)
- -are reasonable resources (including a 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 Record this in a decision log
Search Options - if Not practicable for SW
Not practicable for SW, may be two options available: -
- Search using 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 for a SW or to use a warrantless power.
- -may request a search by consent
- -Not desirable as there are additional rules that must be followed to be lawfull
Why use a search warrant
- Ensures judicial oversight
- Provides greater protection for police and public
- Requires recording and reporting of results
Search by consent
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 must exist to justify a consent search.
Under taking a consent search
Before conducting a search by consent you must advise the person:
- -of the reason for the proposed search; and
- -they may consent or refuse to consent the search
- May withdraw the consent at any time
- -Record your grounds fir requesting a consent search; and
- -make notes about the search
Evidential material
Evidential material, in relation to an offence or
Suspected offence, means
Evidence of the offence, or
Any other items Tangible or intangible, or
Relevance to the investigation of the offence.
Tangible and intangible
- Tangible According to the Oxford Dictionary, tangible means something that may be touched
- Intangible According to the Oxford dictionary, intangible means ‘unable to be touched; not having a physical presence.
(Email address, telco data, access to internet storage)
CADD
- Concealed – burying or hiding or removing items
- Altered – Changing serial numbers from stolen property
- Damaged – removing identifying features (roof racks from cars)
- Destroyed – consuming food, drugs or burning clothes used in crime
Must be able to explain RGTB evidential material you are searching for will be subject to CADD
Obligations – Identification
When searching a place, vehicle or other thing, you must comply with obligations in sec 131.
Obligations cover Identification, Intention, Reason and Notice requirements before initial entry you must:
- ID yourself by name or QID
- Announce your intention to entre and search
- State the name of the act
- Give notice by providing a copy of the search warrant
- Remember that when you have detained a person for the purpose of a search you must caution them (BoR)
Obligation – Reason
State your reason for search
- Provide a copy of the SW or a warrantless search notice to occupier and an inventory of items sized
- Report your use of certain powers –(sec 169)
- Consider privilege (sec 136 – 147)
Obligation – Notice
If executing a Search warrant:
- Provide a copy of the SW If using a warrantless power:
- State the name of the enactment under which the search is taking place and the reason for the search under that enactment (unless impracticable)
- To comply with this obligation you can use form:
- Pol 1275 search to occupier
Exceptions to IID and Notice
Not required to comply with ID requirements on initial entry if you have RGTB no one is present Also if RGTB this would:
- Endanger any person’s safety
- Prejudice the successful use of the entry and search power
- Prejudice on-going investigations
If a person refuses entry
Police may use reasonable force to enter property if refused within a reasonable time
Power to search a place vehicle or thing
STABBERS
Sec 110 authorises you to:
- Enter and search the place, vehicle or thing, that you are authorised to enter and search
- Search any item or items found in that place, vehicle or thing. (if reasonable)
- Use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure
- Seize anything that is the subject of the search or anything else that may be lawfully seized
- Request assistance with entry and search
- Bring and use any equipment found on the place, vehicle or other thing
- Bring and use a trained law enforcement dog and its handler
- Copy and document or part of a document that may be lawfully seized
- Access a computer system or other data storage device
- Copy Intagable material eg computer data
- Take photos sound and video recording and drawings
What if search is impeded
Sec 116
- Exclude that person from the place vehicle or thing being searched
- Give any reasonable direction to that person
Addition powers
Sec 116
- Secure a place, vehicle or thing
- to be searched and exlude any person from there Sec 118
- Detain people when searching P,V for purpose to determine whether there is connection between a person at the place or in or on the vehicle and the object of the search.
Sec 119 you can search people found when searching P,V if you have RGTB that evidential material that is the object of the search is on them or
- you have RGTS that person is in possession of a dangerous item that poses a threat to safety and you belive that immediate action is needed Sec120
- If your in fresh pursuit and with RGTB that relevant evidential material is still on the person you have the power to enter any place to apprehend the person and search them or vehicle
AWOCA
If a person resists use AWOCA process Work through AWOCA to warn the person and K9 for obstruction if required You may then carry out a 85 (rubdown) or 88 (warrantless search of person detained)
- Ask - greet the person and ID yourself. o Ask person to comply with search
- Why – give reason for your actions o Intention to search under SnS 2012 o Based on belief/suspicion
- Options – Present options: o Allow search or be K9ed for obstruction
- Confirm – Confirm that the person understands the options
- Action – Take action: o Arrest for obstruction
Detained person tries to leave
If person who is detained for search tries to leave the place use reasonable force to detain the person to be searched (sec 118(4))
