EXAM QUESTIONS - SHORT ANSWER Flashcards
SW - what RG must you have?
Reasonable Grounds to Believe AND Reasonable Grounds to Suspect
What does a PO authorise?
Orders under section 74.
Requires a person OR organization (like a business) to produce documents to enforcement agencies as evidential material or a specified offence.
Explain what private activity is?
Means fundamental human rights. Reasonably expect the activity is private, if it is carried out in private premises.
‘Ought to Expect’ must be an objective test - what a person would expect.
a) sleeping in a hotel room
b) gardening in backyard
c) Trying clothes in changing room
NOTE: Private activities may occur in places that do not fit in Private Premises
What other two methods may be available to obtain a PO?
Must be done in writing with a personal appearance before OR communication orally with the Issuing Officer UNLESS impracticable to do so.
In this situation you may apply:
a) Make an application orally (telephone or personal appearance) OR
b) Have an application considered without personal appearance or oral communication (by email)
When may priviledge not apply?
If the information is made, received, compiled or prepared for a dishonest purpose or to enable or aid any person to commit an offence.
Section 131 - List four obligations under this section?
- Identify yourself by name or unique identifier (QID).
- Provide evidence of identity if not in uniform.
- Announce your intention to enter and search.
- State the name of the Act.
- Give notice by providing a copy of the search warrant.
- Remember that when you detain a person for the purpose of the search BOR to be given.
When exercising Power to Search (Section 110) what four things does this Act authorize a Constable to do?
- Enter and search the place, vehicle or other thing that you are authorized to enter and search
- Search any items or items found in that place, vehicle or thing (if reasonable)
- Use reasonable force in respect of any property for the purpose of carrying out the search/lawful seizure
- Seize anything that is the subject of the search or anything else that may be lawfully seized
- request assistance with entry and search
- bring and use any equipment found on the place, vehicle or other thing
- bring and use a trained handler and their dog
- copy any documents or part of document that may be lawfully seized
- access a computer system or other data storage device
- copy intangible material (computer data)
- take photographs, sound and video recordings/drawings
When may surveillance be unlawful under S/S?
Trespass
Unlawful - which is unauthorized entry onto private land or unauthorized handling of goods UNLESS authorized by a surveillance device warrant. EXCEPTIONS apply in situation of emergency or urgency
Who may execute a search warrant?
The person to whom it is directed OR any Constable.
State two matters that would make a search lawful?
- With a Search Warrant
- Under a warrantless search power
- With a person’s consent
How often can a search warrant be executed?
a) Once
UNLESS
b) More than 1x execution is applied for, justified and authorized in the SW. You must detail the reason for the multiple entries.
What is the definition of a private premises?
- Private dwellinghouse
- A marae
- Any other premises that are not within the definition of non-private premises
What actions should Officers in charge take to prevent liability for cost to Police?
Direct to District Commander OR National Manager:
a) The circumstances in which the SW or Statutory Power was executed
b) The grounds for the execution
c) The damage caused and the associated circumstances
d) The outcome of the SW or Statutory Power being executed
e) Details regarding the Owner of the Property and the Occupier or User of the Property at the relevant time
f) Nature and basis of the claim
g) Any steps taken by Police or Owner to prevent further loss or damage
List two things that you must do when conducting search with priviledged material?
- Ensure that the person or their representative is present when the search is undertaken.
- Give the person a reasonable opportunity to claim privilege.
Section 120 - Freshly pursuit - What actions can Police take and why?
Section 120
- Freshly pursuit and have RTGB that relevant material on the person, you have the power to ENTER any place to APPREHEND and SEARCH person or vehicle.
