Definitions and discussion

Question 1

Discuss the definition for Reasonable Grounds to Suspect (RGTS).

Answer 1

Reasonable grounds to suspect (RGTS) 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

Discuss the definition for Reasonable Grounds to Believe
(RGTB).

Answer 2

Reasonable Grounds to Believe (RGTB) means having a sound basis for believing that a situation or circumstance exists.

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

Describe Reasonable Grounds.

Answer 3

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:
* 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

Discuss what a Lawful search is.

Answer 4

A lawful search is conducted:

• with a search warrant, or
• under a warrantless search power, or
• with the person’s consent

Question 5

Discuss what a Reasonable search is.

Answer 5

A reasonable search is a search that:

• complies with section 21 of the New Zealand Bill of Rights Act
  and considers factors such as
• the nature of the search
• how intrusive the search is
• where and when the search takes place.

Question 6

What should be considered before any search?

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.

Question 7

When you are thinking about what is practicable, what questions should be considered?

Answer 7

• is there time to gain approval and apply for a search warrant
• can the scene be secured (under section 117)
• 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.