DEFINITIONS Flashcards
Definitions RGTS
Reasonable grounds to suspect means having a sound basis for suspecting that a situations or circumstances exists.
Definitions RGTB
Reasonable grounds to believe means having a sound basis for suspecting that a situation or circumstances exists
When you have reasonable grounds
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.
What must you record?
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
A lawful Search is:
- With a Search Warrant
- Under a warrantless search power or
- with the persons consent
Reasonable Search:
- 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
Before considering any search
Consider whether it is practicable to so then you should apply for a search warrant.
A decision to apply for a SW is not practicable must be based on RGTB its not practicable consider questions like
- 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