Definitions and discussions Flashcards
Purpose of the act
Section 5
Facilitate Monitoring -
Facilitate the monitoring of compliance with the law and the investigation and prosecution of offences in a manner that is consistent with human rights values by:
Modernising -
• Modernising the law of search, seizure, and surveillance to take into account advances in technologies and to regulate the use of those technologies
Providing Rules -
• Providing rules that recognise the importance of the rights and entitlements affirmed in other enactments
Effective investigation tools -
• Ensuring investigative tools are effective and adequate for law enforcement needs.
Reasonable Grounds to Suspect (RGTS) - Definition?
Reasonable grounds to suspect (RGTS) means having a sound basis for suspecting that a situation or circumstance exists.
Example: You enter a house or vehicle because you suspect an offence has been, is being, or is about to be committed there.
Reasonable Grounds to Believe (RGTB) - Definition?
Reasonable Grounds to Believe (RGTB) means having a sound basis for believing that a situation or circumstance exists.
Example: 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.
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:
1, 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
Under the Search and Surveillance Act a lawful search is a search that is conducted:
- With a search warrant, or
- Under a warrantless search power, or
- With the person’s consent
Under the Search and Surveillance Act 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.
Practicable in the circumstances.
Before considering any search, you must think about?
Whether applying for a search warrant is practicable in the circumstances.
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.
When you are thinking about what is practicable consider questions such as:
- 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.
Search options.
If it is not practicable in the circumstances to apply for a search warrant, there may be two other options available to you, these are?
- Search using a warrantless power – if a warrantless power is available to you, then you have a power of search without a warrant.
- Search by consent – if you do not have grounds to apply for a search warrant or to use a warrantless power, then you may request a search by consent. A consent search is not the most desirable action as there are additional rules that apply to consent searches and these rules must be followed if the search is to be lawful.
Remember: If you do not have a search warrant, a warrantless power of search, or consent from the person, you cannot search.
Why use a search warrant?
- Ensures judicial oversight
- Provides greater protection for Police and the public 3. Requires recording and reporting of results
Organisational accountability is maintained by reporting to Parliament and if required to issuing officers
Consent searches.
Always remember, if you?
Sections 91- 96 of the Search and Surveillance Act
Have a search power available to you (either warrant or warrantless) then you should use that power.
If you do not, then a search by consent may be available to you.
Before conducting a search by consent, you must determine that the search is for one of the following reasons: (4)
- To prevent the commission of an offence
- To investigate whether an offence has been committed
- To protect life or property
- To prevent injury or harm
One or more of these situations must exist to justify any consent search (section 92).
Before conducting a search by consent, you must advise the person from whom consent is sought:
- The reason for the proposed search; and
- That they may consent or refuse to consent to the search; and
- That they may withdraw their consent at any time
A person under 14 years old is unable to?
Consent to the search of a place, vehicle or other thing (unless they are found driving with no passenger of or over 14 years of age with authority to consent to the vehicle’s search).
Under the Search and Surveillance Act reporting requirements you do not have to report a consent search.
Evidential material - Definition?
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
