Introduction

Question 1

• Purpose of the Act

Answer 1

To 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 the law of search, seizure and surveillance with technology
- providing rules that recognise rights and entitlements
- ensuring investigative tools are effective and adequate for law enforcement

Question 2

• How to Comply with the Act

Answer 2

• Ensure you have a lawful authority to conduct such activities
• Conduct risk assessment
• Only seize what Police are lawfully entitled to seize
• Provide appropriate announcements and identification
• Satisfy requirements detailed in the Act

Question 3

• Reasonable Grounds to Suspect vs Reasonable Grounds to Believe

Answer 3

RGTS means having a sound basis for suspecting that a situation or circumstances exist. Example - entering because you suspect an offence has, is or will be committed.

RGTB means having a sound basis for believing that a situation or circumstances exist. Example - enter and search because you believe you will find evidential material.

Question 4

‘Reasonable Grounds’

Answer 4

Forming a belief or suspicion. You must be able to clearly describe your reasons. You must record in your notebook your reasonable grounds for using search power. This is your decision log.

Be aware that you may have to: report on your decision to use a power and your grounds for using it AND justify your use of a power in court or in other formal processes.

Question 5

Lawful v Reasonable Search

Answer 5

LAWFUL
- With a search warrant
- Under a warrantless search power
- with the persons consent

REASONABLE
- 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

• Practicable in the Circumstances

Answer 6

Questioning what is practicable:
- is there time to gain approval and apply for a search warrant
- can the scene be secured (section 117)
- are reasonable resources available to minimise risk and ensure safety
- is the evidential material at risk
- location of the search and who may be present

Question 7

When a SW isn’t Practicable

Answer 7

• Search using a warrantless search
• Search by consent

Question 8

Why use a SW

Answer 8

• Ensures judicial oversight
• Provides greater protection for Police and the Public
• Requires recording and reporting of results

Question 9

• Consent Search

Answer 9

Must be for one of the following reasons:
- to prevent the commission of an offence
- to investigate whether an offence has been commissioned
- to protect life or property
- to prevent injury or harm

Question 10

• Consent Search Continued

Answer 10

You must advise the person:
- of the reason for the proposed search AND they may consent or refuse to consent to the search

A person who consents can withdraw their consent at anytime, meaning you have to stop the search immediately.

A person under 14 years of age cannot give consent to the search of a place, vehicle, or other thing (unless they are found driving, with no other passenger of or over 14 years of age with authority to consent to the vehicles search).

Question 11

• Evidential Material

Answer 11

Means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation.

• Tangible - something that may be touched
• Intangible - unable to be touched, not having a physical presence.

Question 12

• CADD

Answer 12

You must be able to explain your RGTB that the evidential material you are searching for will be subject to CADD.

Concealed - By burying or hiding items in another place or removing items

Altered - By changing or removing serial numbers from stolen property in an attempt to disguise it

Damaged - By cutting out the firewall of a stolen car to remove an identifying feature

Destroyed - By consuming food, alcohol or drugs, burning clothing.

Question 13

Obligations: Identification

Answer 13

• identify yourself by name or by 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 have detained a person for the purpose of a search you must caution them (BOR)

Question 14

Obligations: Reason

Answer 14

You must state the reason for your search:
- provide a copy of the search warrant or a warrantless search notice to occupier and provide an inventory of seized items
- report your use of certain powers
- consider privilege

Question 15

• Obligations: Notification

Answer 15

Before or on initial entry into or onto the place, vehicle or other thing to be searched, you must give ‘notice’ to the occupier or person in charge.
- Provide a copy of search warrant
- Or if using a warrantless power - state the name and enactment under which the search is taking place and the reason for the search under the enactment

Question 16

• Exceptions to Identification/Notice

Answer 16

RGTB no one is present.

You do not have to comply with the requirements on initial entry if you have RGTB this would: endanger any persons life; prejudice the successful use of the entry and search power; prejudice ongoing investigations

Question 17

Refusal of Entry

Answer 17

You may use reasonable force to enter if the person refuses entry or does not allow entry within a reasonable time following a request.

Question 18

No One Is Present

Answer 18

You may use reasonable force to enter the place vehicle or other thing to be searched if you have reasonable grounds to believe that no one is lawfully present.

You must leave a copy of the SW and notice of any inventory seized. This must be as soon as possible after the search and must be provided within 7 days of completion of the search.

Question 19

Power to Search a Place, Vehicle, or Thing

Answer 19

Section 110 authorises you to:
- enter and search the place, vehicle or thing, that you are authorised to enter and search
- search any item or items found in that place, vehicle or thing
- use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure
- seize anything that is 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 thing
- bring and use a trained law enforcement dog and its handler
- copy any document, or part of any document, that may be lawfully seized
- access a computer system or other data storage device
- copy intangible material
- Take photographs, sound, and video recordings

Question 20

What If Your Search Is Impeded

Answer 20

Section 116 authorises you to:
- exclude that person from the place, vehicle or thing, being searched, or any area in or on the place or vehicle
- give any reasonable direction to that person

Question 21

AWOCA

Answer 21

Ask - greet the person and identify yourself

Why - give the reasons for your actions

Options - present options

Confirm - the person understands

Action - take action

Question 22

Special Rules for Searching People (125)

Answer 22

You can search any item that person is wearing, carrying, has in their physical possession or immediate control. In a manner that affords the person privacy and dignity.

You can seize any item that person is wearing, carrying, has in their physical possession or immediate control if that is the item you are searching for.

You may also seize an item that may be lawfully seized even if it was not the subject of your search.

Question 23

Detained Person Tries to Leave (118(4))

Answer 23

You can use reasonable force to detain them for a search.

Question 24

Someone Arrives During Search

Answer 24

If someone else arrives at the place or vehicle and starts to talk to the person already detained under 118, you may:
- Exclude if RGTB they will obstruct (116)
- Detain if you determine there is a connection to the search (118)
- search if RGTB they have evidential material on them (119)
- search if RGTS they may have a dangerous item & need to act immediately (119)

Question 25

Priviledge

Answer 25

Allows the holders of particular information to refuse to disclose this information.

Privilege does 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.

Question 26

• Recognised Privilege

Answer 26

• Legal advisors
• Medical practitioners
• Ministers of religion
• Clinical psychologists
• Informers
• Journalists

Question 27

Privilege - Practical Procedure

Answer 27

You must:
- Ensure that person or their representative is present when the search is undertaken
- Give the person a reasonable opportune its to claim privilege

As soon as practicable after being given the opportunity that person must provide you with a list of the things which they claim as privilege. Complete an inventory and leave a copy with them.

The person may make a copy of any document before you seize it and they may object to the seizure.

If you receive or are expecting to receive a claim of privilege, make sure to secure the thing but do not search or examine it. Only continue to search if no claim is made, it is withdrawn, or the search is in accordance with directions of the court determining the claim of privilege.