Definition Discussion Obligations Flashcards
To meet objectives and obligations when carrying out entries, searches, inspections etc, Police will:
- Ensure they have lawful authority to conduct such activities and exercise any other incidental power in relation to those activities, including use of force.
- Conduct risk assessments when planning the excersise of those powers and take action to mitigate risks to protect the safety of the public and employees carrying out the acts powers.
- Only seize what Police are lawfully entitled to seize.
- Provide appropriate announcements and ID in the excersise of those powers.
- Satisfy requirements detailed in the act (e.g.Notice and inventory requirements after search or seizure)
Define RGTS
Reasonable grounds to suspect:
Means having a sound basis for suspecting that a situation or circumstances exists.
E.g: Enter a house/vehicle as you suspect an offence has, is or will be committed.
Define: RGTB
Reasonable grounds to beleive:
Means having a sound basis for believing that a situation or circumstances exists.
E.g: Enter and search a house/vehicle/person because you beleive that a search will find the evidential material you are looking for.
For reasonable grounds, you must?
Be able to clearly describe your reasons (your reasonable grounds) for holding the belief or suspicion.
And record reasonable grounds for search power in your notebook (Decision log)
For reasonable grounds to support your decision to execute a search power, 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.
When deciding to use a warrantless search, amongst other things, you should consider what?
If there is a possibility that evidential material will be subject to CADD
Define: Lawful search
It is a search that is conducted:
With a search warrant, or
Under a warrantless search power, or
With a person’s consent.
Define: Reasonable search
Is a search that:
Complies with section 21 of the NZ BOR Act and considers factors such as,
The nature of the search,
How intrusive the search is,
Where and when the search takes place.
Define: CADD
Concealed
Altered
Damage
Destroyed
When considering a search, what could be Practicable in the circumstances
Before considering any search, you must think about whether applying for a SW is practicable in the circumstances.
If practicable, you should apply for a SW, even if a warrantless power is available.
When a decision is made that applying for a SW is not practicable, what must this be based on?
It must be based on RGTB that it is not practicable to apply for a SW in the circumstances.
When thinking about practicable consideration whether to apply for a SW or not, consider what?
Is there time to gain approval and apply for a search warrant.
- can the scene be secured.
- are reasonable resources (including number of staff) available to minimize risk and ensure safety.
- is the evidential material at risk.
- location of the search and who may be present.
And remember to record this in your decision log (notebook)
Define: Evidential material
In relation to an offence, it means evidence of the offence, or any other item, tangible or intangible, or relevance to the investigation of the offence.
If it is not practicable in the circumstances to apply for a search warrant, there may be two other options available to you.
- Warrantless search power
- Consent.
Why use a search warrant?
- Ensures judicial oversight.
- Provides greater protection for Police and the public.
- Requires recording and reporting of results.
- Requires participation in an end to end process. A series of checks and balances to protect both Police and public.
Examples of CADD
Concealed
Bury or hide or remove items.
Altered
Changing or removing serial numbers in an attempt to disguise it.
Damage
Cutting out part of the car to remove the ID features.
Destroy
Eating/drinking items, burning evidence.
Search by consent - what sections of the act covers these?
Section 91-96
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
In the context of the S & S Act, obligations are what?
Are actions that must be carried out when certain search powers are used.
Undertaking a consented search - what must you advise the person?
- The reason for the search, and
- They may consent or refuse to consent
Can a person who has consented to a consent search withdraw their consent at any time? And, then what?
Yes, if occurs stop search immediately unless you can invoke a warrantless search power to continue.
How old when a young person cannot consent to a consented search of a place or vehicle or thing?
14
Unless found driving with no passenger of or over 14 with authority to consent to search
Under the S.S Act do you have to report a consented search?
No
What section are your obligations set out under?
131 S&S Act 2012
