Definitions and discussions

Question 1

RGTS Means:

Answer 1

Having a sound basis for suspecting that a situation or circumstance exists, ie enter a house or vehicle because you suspect an offence has, is, or is about to be committed

Question 2

RGTB means:

Answer 2

Having a sound basis for believing that a situation or circumstance exists, ie enter 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. 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?
Be aware you may be required to?

Answer 3

You must - record your reasonable grounds for using the search power in your NB, this is your decision log.

Be aware that you may be required to -

1. report on your decision to use a power & your grounds for using it.
2. Justify your use of a power in court or in other formal proceedings.

Question 4

Example RGTS & RGTB
You recieve info from very reliable source that John has just purchased meth, & he has just left to visit an address where he may attempt to sell it.
To undertake a warrantless search of a person for a controlled drug (S&SA) you must:

Answer 4

1. Have RGTS an offence against MODA has, is, or is about to be committed, in respect of that controlled drug or precursor substance, &
2. have RGTB that a person is in possession of a controlled drug or precursor substance

You may search John as you have RGTS he has committed an offence & RGTB if you search him you will find the drugs

Question 5

Under S&SA12 a lawful search is a search that is conducted:

Answer 5

1. with a search warrant, or
2. under a warrantless search power, or
3. with the persons consent

Question 6

Under S&SA12 a reasonable search is a search that:

Answer 6

complies with S21 NZBORA & considers factors such as,

1. the nature of the search,
2. how intrusive the search is,
3. where and when the search takes place

Question 7

Practicable in the circumstances. Before considering any search ?

Answer 7

you must think about whether applying for a search warrant is practicable in the circumstances, if it is you should apply for a 4X, even if a warrantless power is available

Question 8

A decision that applying for a 4X is not practicable must be based on?

Answer 8

RGTB that it is not practicable to apply for a 4X in the circumstances

Question 9

When thinking about what is practicable consider questions such as? (5)

Answer 9

1. is there time to gain approval and apply for a 4X
2. can the scene be secured (under S117)
3. are reasonable resources (incl. no. of staff) available to minimise risk and ensure safety
4. is evidential material at risk
5. location of the search and who may be present

Remember to record this in our decision log