Definitions Flashcards
Tangible
Something that can be touched
Intangible
Unable to be touched, does not have a physical presence
CADD
Concealed, Altered, Damaged, Destroyed
AWOCA
Ask- the person to comply with your search.
Why- Intention to search under S & S
Options- Allow search or be arrested
Confirm- confirm they understand
Action- search or arrest
Privileged material
- Allows the holder of particular information to refuse to disclose information, recognized as ‘privileged’.
- Journalists, informers, Ministers of religion, legal advisors, medical and clinical.
- Privilege is communication or correspondence between a person and a journalist, informed, lawyer, doctor etc disclosing offending.
Curtilage
- Means the land immediately surrounding a house or dwelling including any closely associate buildings.
- it defines the boundary within which a home owner can have a reasonable expectation of privacy and where common daily activities take place.
Production Order
- An order made under S74 S & S Act 2012 requiring a person/organization to produce documents to an enforcement agency as EM of a specified offence.
Search Warrant
- Made under S6 S & S Act 2012, provides legal authority to enter and place, vehicle or thing to seize EM relating to an offence.
Purpose of the Act
- S5 S & S Act 2012
- to facilitate the monitoring of compliance with the law and investigation and the prosecution of offences in a manner that is consistent with human rights.
Hearsay Evidence
- Hearsay evidence can be used to outline the grounds the application is made.
- Information to provide reliability/corroboration.
- if an informant has given reliable information in the past.
To obtain a PO what grounds/level of belief is required?
-RGTS an offence has been/is being/will be committed.
-RGTB the documents sought will be EM.
-RGTB the documents sought will be in possession/control of the person/organization on whom the order is served or will come into their possession/control while the order is in force.
Other than situations covered in S47, when do you not need a SDW to conduct surveillance using a SD?
-S48 emergencies.
-RGTB EM will be obtained.
-Can’t exceed 48hrs of this surveillance without a warrant.
What should you do about damage caused by force during entry to a premise?
-Liaise with the occupier to secure the property.
-Engage a contractor to secure the premise if requested by the occupier and they will cover the cost.
-Effect a temporary repair yourself.
What do you do if a Court Registrar declines your SW?
-Record the issuing officers reason for refusing to sign.
-Consider the issues raised and redraft the application to address the issues.
-Resubmit the application to the same issuing officer.
-If the issues cannot be address make further enquiries to support the application and if the reasons for declining the warrant seem unjustified submit a report to legal services for direction.
Private Activity
Activity that one or more persons reasonable expect to be observers or recorded by no one except the other person.
Private Communication
Communication oral or written that were reasonable made to indicate that the communication will be confined to the parties of communication.
Lawful and Reasonable
A lawful search = a search warrant, warrantless power or consent.
Reasonable search = complies with NZBR, nature of the search, how instructive the search is and where and when it takes place.
Practicable in the circumstances
You must think about whether applying for a SW is practicable in the circumstance.
-You should always get a SW if practicable even if a warrantless power is available.
-RGTB it is not practicable to apply for a SW in the circumstance.
Considerations = resources, time, can the scene be secured, EM risk, location and person present.
Record decision log.
Why a search warrant
Judicial oversight, protection for the Police and public, reporting and recording of results.
