Final cards to learn

Question 1

When searching a place, vehicle or thing, list your obligations set out under s131.

Answer 1

You obligations cover: identification, intention, reason and notice requirements.

Whereby before initial entry you must:

1. Identify yourself by name or unique identifier and if not in uniform produce ID.
2. Announce your intention to enter and search.
3. State the name of the Act.
4. Give notice by providing a copy of the search warrant.
5. Remember that when you have detained a person for the purpose of a search you must caution them.

Question 2

What does s110 of the S+S Act authorise you to do when searching with or without a warrant?

Answer 2

s110 Authorises you to:

a. Enter and search the P, V or T, that you are authorised to enter or search.
b. Search any item or items found in that P, V or T (at any time that is reasonable).
c. Use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure.
d. Seize anything that is the subject or anything else that may be lawfully seized.
e. Request assistance with entry and search.
f. Bring and use any equipment found on the P, V or T.
g. Bring and use a trained law enforcement dog and its handler.
h. Copy any document, or part of a document, that may be lawfully seized.
i. Access a computer system or other data storage device.
j. Copy intangible material, eg computer data.
k. Take photographs, sound and video recordings and drawings.

Question 3

Describe the AWOCA process.

Answer 3

ASK - greet the person and identify yourself

• ask the person to comply with your search

WHY - give the reasons for your actions

• intention to search under SSA 2012
• based on RGTB/RGTS

OPTIONS - present options:

• allow search or
• be arrested for obstruction

CONFIRM - confirm that the person understands the options

ACTION - take action

• arrest for obstruction

Question 4

How do you show your decision making around use of a search power?

What else may you be required to do later on if you’ve used a search power?

Answer 4

Record 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 5

What are some options available for ensuring the premises are left secure after a forced entry?

Answer 5

• Liaising with the owner/occupier to secure their own property.
• At the occupier’s request engaging a contractor to make the premises secure.
• Attending staff effecting a temporary repair where feasible.

Question 6

If a SW is executed and damage occurs, compensation may be considered. Detail two instances where it is unlikely to be paid out and specify the difference between the two.

Answer 6

• Where the execution of a SW IS justified by the outcome of its execution - compensation will seldom be paid.
• Where the execution of a SW IS NOT justified by the outcome of its execution BUT THE GROUNDS FOR THE EXECUTION WERE SOUND, compensation is unlikely to be paid - but will be considered on a case by case basis.

Question 7

Practicable in the circumstances? Remember that with supervisor approval you can …

Answer 7

When considering whether applying for a search warrant is practicable, remember that with supervisor approval you can:

• Apply for a search warrant orally.
• Apply for a search warrant without approaching an issuing officer in person (by phone).
• Secure a scene while you apply for a search warrant for a maximum of 6 hours, s117.
• If you make an oral application you must make an online application in the S+S system as soon as possible, remembering to keep notes of the contents of the oral application.

Question 8

When undertaking a risk assessment, list three ways to mitigate and contain any identified risks.

Answer 8

• Identify
• Assess
• Consider in planning how you execute the search warrant.

Question 9

Define S117.

Answer 9

If an application for a search warrant is about to be made or has been made and you are waiting to hear if it has been authorised, and you have RGTB that evidential material may be CADDd or removed before the search warrant can be issued, you may:

• Enter and secure a place, vehicle or other thing at any time that is reasonable in the circumstances, and
• Secure any item found there, and
• Direct any person to assist with entry and securing the place or vehicle or securing items in it.

117 is not a search power.

You must provide SW obligations in the form of RAN.

Question 10

What restrictions or requirements may an issuing officer place on a SW?

Answer 10

• Restricting the time when the search warrant can reasonably be executed.
• Requiring the occupier or person in charge of a place to provide reasonable assistance to the officer executing the search warrant.
• Requiring a report on the search warrant within a specified time.

Question 11

How long is a SW valid?

Answer 11

• No more than 14 days from the date of issue, as specified by the issuing officer; or
• No more than 30 days from the date of issue, as specified by the issuing officer, if you have justified why this is necessary and the issuing officer is satisfied.

Question 12

How often can a SW be issued?

Answer 12

• Once, unless
• More than one execution is applied for, justified and authorised in the SW. You must detail the reason for the multiple entries.

Question 13

What is the procedure when a SW is declined?

Answer 13

When the issuing officer does not sign a SW application you should:

• Record the issuing officer’s reason for refusing to sign.
• Consider the issues raised and if possible re-draft the application, ensuring you have addressed these issues
• Re-submit the application to the same issuing officer.

If the issues cannot be addressed:

• Make further enquiries to support (or otherwise) the application.
• Consider whether to continue your investigation without conducting a search.
• If the reason for not signing the SW does not seem justified, submit a report to legal services for direction.

Question 14

To whom would you apply to postpone your obligation to provide a copy of the SW?

What circumstances must exist for this to be possible?

Answer 14

You may apply to a judge to postpone your obligations to provide a copy of the SW.

If providing a copy of the SW and inventory would:

-Endanger the safety of any person; or

-Prejudice any ongoing investigations.

Question 15

List steps you must take to help mitigate risk when preparing a search warrant execution plan.

Answer 15

• Review and re-assess the identified risks
• Work with others to identify and consider any further risks
• Plan how to manage and minimise any identified risks
• Determine how risk management will be communicated in your SW briefing

Question 16

Additional Powers when executing a SW?

Answer 16

Additional powers:

• Seizure of items of uncertain status (s112)
• Securing a P, V or OT to be searched and excluding any persons from there (S116)
• Powers of detention incidental to search of places or vehicles (s118)
• Powers of search by a person who has a power of arrest (s119)
• Stopping vehicles for search (s121)
• Moving vehicles for search/safekeeping (s122)
• Seizure of items in plain view (s123)

Question 17

Detail GSMEAC and provide examples of what you may cover in each part.

Answer 17

GROUND:

• Location to be searched
• Address
• Neighbours

SITUATION:

• Reason for seeking the SW
• Background on any suspect

MISSION:

• Commander’s intent
• Suspect(s)
• Specific evidential material sought

EXECUTION:

• Timings
• Method of entry
• Roles - O/C Scene; O/C Exhibits etc
• Responsibilities
• Obligations on entry
• Managing suspects
• Searching for evidential material
• Recording evidential material
• Assisting vulnerable people
• Sequence of events
• Managing risks and ensuring safety

ADMIN/LOGISTICS

• Travel to and from the place to be searched under warrant
• Timing of the search warrant execution
• Recording of evidential material seized

COMMAND/SIGNALS

• Cell phone numbers and radio channels
• Before executing the search warrant
• During execution of the search warrant
• Debrief

Question 18

The ‘E’ and the ‘A’ of GSMEAC

Answer 18

EXECUTION:

• Timings
• Method of entry
• Roles - O/C Scene; O/C Exhibits etc
• Responsibilities
• Obligations on entry
• Managing suspects
• Searching for evidential material
• Recording evidential material
• Assisting vulnerable people
• Sequence of events
• Managing risks and ensuring safety

ADMIN/LOGISTICS

• Travel to and from the place to be searched under warrant
• Timing of the search warrant execution
• Recording of evidential material seized

Question 19

What must the district approver consider before granting approval?

Answer 19

• The grounds for applying for a PO are met.
• The resource benefit of making an application is advantageous to Police and the investigation.
• The information sought does not make unreasonable or unnecessary demands on the telecomms provider against whom the order is made, particularly if those documents sought are forward looking.

Question 20

If you application relates to a news media organisation you must … ?

Answer 20

If you application relates to a news media organisation you must:

• Obtain approval from a Police executive member in the case of PNHQ or a District Commander for a district matter; and
• Follow the guidance on SW, production orders and examination orders involving media organisations in the search chapter in the police manual.

Question 21

When can hearsay evidence be used in a PO application?

Answer 21

Hearsay evidence can be used if it is highly reliable.

Indicate it’s reliability by stating

• There is sufficient information to prove the reliability of what has been stated.
• The informant’s reliability and whether they have given reliable information in the past.
• Whether the information has been confirmed by other means.

Question 22

S46 - When is a surveillance device warrant required?

Answer 22

(a) Use of an interception device to intercept a private communication.
(b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods.
(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device.
(d) use of a surveillance device that involves trespass to land or trespass to goods.
(e) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds -
(i) 3 hours in any 24 hr period; or
(ii) 8 hours in total.

This section is subject to S45.

Question 23

Define private premises.

Answer 23

A private dwellinghouse, a marae, and any other premises that are not within the definition of non-private premises.

Question 24

Define private activity.

Answer 24

Activity that, in the circumstances, any one or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants.

‘Ought reasonably to expect’ is an objective test and where private activities occur is of key importance.

Question 25

Define private communication.

Answer 25

Private communication -:

(a) means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but
(b) does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so.

Question 26

Define Curtilage.

Answer 26

The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated open fields beyond.

It defines the boundary within which a home owner can have a reasonable expectation of privacy and where ‘common daily activities’ take place.

Question 27

Define non private premises

Answer 27

Premises or part of a premises to which members of the public are frequently permitted to have access to, and includes any part of a hospital, bus/railway station, airport or shop

Note: not all parts of hospitals, bus stations etc are non private premises. Areas that would be considered private are:

Hospital: theatres, consultation rooms.

Railway station: office area, staff meal rooms.

Question 28

What is the difference between the curtilage of a surburban house and farm?

Answer 28

The curtilage of a surburban house is likely to be clearly defined by a fenceline whereas on a farm, the house and curtilage will form a small part of the whole property.

Question 29

Define voluntary oral communication.

Answer 29

Communication between two or more persons where at least one party in the communication gives their consent for the communication to be recorded.

(Section 47).

Question 30

Describe some of the activities under S47 that you do not need a SDW for.

Answer 30

• Being lawfully in private premises and recording what you observe or hear there (provided that anything you hear or observe you didn’t need a SD for).
• Covert audio recording of a voluntary oral communication between two or more persons made with the consent of at least one of them.

Question 31

Define interception.

Answer 31

Includes hear, listen to, record, monitor, acquire or receive the communication either:

• when it is taking place; or
• while it is in transit.

Question 32

What is the time constraint for the use of a SD in situations of urgency or emergency?

Answer 32

Not exceeding 48 hours.

Question 33

What is required when invoking S48 and there is a possibility that surveillance might continue past the maximum time limit?

Answer 33

An application for a surveillance device warrant must still be made.

Question 34

What is the purpose of the time limit for s48?

Answer 34

It allows police flexibility to act. The time restriction that applies before a warrant application must be made ensures proper oversight and reporting is maintained.

Question 35

Who should approve the use of S48 powers and what are the exceptions?

Answer 35

Approval to use an interception device in an emergency situation should be obtained from a DI unless:

• The immediacy of the situation does not allow for prior planning and approval from a DI in consultation with legal services; and
• The statutory criteria is met; and
• An opportunity to obtain evidential material that would otherwise be lost if not taken at the time.

Question 36

What are the reporting requirements for using S48? (S60)

Answer 36

The enforcement officer must provide notification (report in the S+S system) to a judge within 1 month after the date of the last day of any period of 48 hours or less over which the surveillance device was used.