DEFINITIONS Flashcards

1
Q

Definitions RGTS

A

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

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2
Q

Definitions RGTB

A

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

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3
Q

When you have reasonable grounds

A

Is when you have formed a belief or suspicion you must clearly describe your reasons and your reasonable grounds for holding a belief or suspicion.

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4
Q

What must you record?

A

Record your reasonable grounds for using a search power and be aware you may be required to report on your decision and the grounds to use it.
Justify your use of a search power in Court or other formal proceedings

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5
Q

A lawful Search is:

A
  • With a Search Warrant
  • Under a warrantless search power or
  • with the persons consent
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6
Q

Reasonable Search:

A
  • Must comply with Sec21 of the New Zealand Bill of rights Act and consider factors like
  • The nature of the search
  • How intrusive the search is
  • When or where the search is taken place
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7
Q

Before considering any search

A

Consider whether it is practicable to so then you should apply for a search warrant.

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8
Q

A decision to apply for a SW is not practicable must be based on RGTB its not practicable consider questions like

A
  • Is there time to gain approval or apply for SW
  • Can the scene be secured (Under Sec 117)
  • Are reasonable resource (Staff numbers) available to minimise risk and ensure safety
  • Is evidential material at risk of CADD
  • Location of the search and who may be present
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