Definitions

Question 1

Definition of Reasonable Grounds to Suspect

Answer 1

Means having a 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

Question 2

Definition of Reasonable Grounds to Believe

Answer 2

Means having a sound basis for believing that a situation or circumstance exist

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

Question 3

Definition of lawful

Answer 3

Under S&S act a lawful search is a search that is conducted

• with a search warrant
• under a warrantless power or
• Witt the persons consent

Question 4

Definition of Reasonable

Answer 4

Under the S&S Act a reasonable search is a search that
- complies with section 21 of the NZ Bill of rights act and considered factors such as
- the nature of the search
- how intrusive the search is
- where and when the search takes place

Question 5

Practicable in the circumstances

If it is at all practicable to apply for SW you should do this.

A decision that it’s not practical must be based on RGTB that it isn’t practicable in the circumstances. When thinking about if it’s practicable you should consider questions such as?

Answer 5

Is there time to gain approval for a SW?
Can the scene be secured?
Are reasonable resources including 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.

Always record this in your decision log.