Definitions

Question 1

Reasonable grounds to suspect (pg 8)

Answer 1

Reasonable grounds to suspect means having a sound basis for suspecting that a situation or circumstances exists.

E.g. You enter a house or vehicle because you suspect an offence has been, is being or is about to be committed there

Question 2

Reasonable grounds to believe (pg 8)

Answer 2

Reasonable grounds to believe means having a sound basis for believing that a situation or circumstances exists.

E.g. 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

Reasonable grounds (pg 8)

When you have formed a belief or suspicion you must be able to clearly describe your reasons - your reasonable grounds - for holding the belief or suspicion.

You must:

Answer 3

You must:
- Record your reasonable grounds for using a search power in your notebook. This is your decision log

Be aware that 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

Question 4

Lawful (pg 9)

Under the S and S Act a lawful search is a search that is conducted:

Answer 4

• With a search warrant
• Under a warrantless search power
• With the person’s consent

Question 5

Reasonable (pg 9 )

Under the S and S Act a reasonable search is a search that:

Answer 5

• Complies with S21 of the NZBORA and considers factors such as:
• • The nature of the search
• • How intrusive the search is
• • Where and when the search takes place

Question 6

Practicable in the circumstances (pg 9)

Before considering any search, you must think about whether applying for a search warrant is practicable in the circumstances:

Answer 6

If it is at all 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 to apply for a search warrant in the circumstances.

Question 7

Practicable in the circumstances (pg 9)

When you are thinking about what is practicable consider questions such as:

Answer 7

• Is there time to gain approval and apply for a search warrant
• Can the scene be secured (under S117)
• 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

Remember to record this in your decision log.

Question 8

Evidential material (pg 12)

Answer 8

Evidential material, in relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.

Question 9

Tangible (pg 12)

Answer 9

According to the oxford dictionary, tangible means something that may be touched

Question 10

Intangible (pg 12)

Answer 10

According to the oxford dictionary, intangible means ‘unable to be touched; not having physical presence.’