Kimihia Flashcards

Question

s17

Answer 1

Search vehicle in public place for evidential material for 14+ offence. RGTB evidential material is inside. Note: If a vehicle is parked in a place other than a public place, use section 15 to enter and search that vehicle.

Answer 2

``` you may… without a warrant: · enter the place or vehicle · search it · seize and detain any arms or licence under the Arms Act 1983 found there. (s18 (3) ```

Answer 3

Unless impracticable in the circumstances, obtain approval from a sergeant or above before exercising any of the warrantless powers outlined above in relation to arms.

Answer 4

you may… without a warrant:search the vehicle (s28)

Answer 5

Disabling substance' means any anaesthetising or other substance produced to use for disabling a person, or intended for such use by the person who has it with them

Answer 6

Offensive weapon' means any article made or altered to use for causing bodily injury, or intended for such use by the person who has it with them.

Answer 7

See also Searching people for your power under s27 to search a person when you suspect them of committing an offence in a public place against section 202A(4)(a) of the Crimes Act 1961.

Answer 8

you may search the vehicle without a warrant. | s29

Answer 9

Note: This section is intended to allow you to search a vehicle in a public place. If the vehicle is on private property, you should seek a search warrant or use an alternative warrantless power.

Answer 10

you may… enter the place to search for evidential material relating to the offence (whether or not the person was arrested there) without a warrant. (s83)

Answer 11

you may… | enter and search that vehicle without warrant.

Answer 12

Obtain prior approval from a sergeant or above where applicable (e.g. arms search under section 18).

Answer 13

Provide a written notice to the person present during execution of the warrantless power (POL1275) and an inventory if items seized. If no-one was present complete form POL1275, and leave in a prominent place.

Answer 14

Make a record of your decision to use a warrantless power and the reasons for it (i.e. RGS / RGB) in your notebook

Answer 15

Record the use of powers in the Search and Surveillance System for warrantless notifications

Answer 16

Where applicable, complete a notification using the ‘Create Notification’ feature on the Microsoft Outlook Bulletin Board to notify relevant groups about drugs, firearms, children, etc

Answer 17

first consider using a search warrant, or if that’s not practicable, a warrantless search power

Answer 18

You must have a reason to justify asking a person to consent to a search and the search must not be used to go on ‘a fishing expedition’.

Answer 19

You must advise the reason for the search and that they can refuse consent or withdraw it at any time.

Answer 20

A person under 14 years of age cannot consent to the search of a place, vehicle, or other thing - unless they are found driving a vehicle and there is no passenger 14 years or over with authority to consent to the vehicle’s search.

Answer 21

- search conducted under a power conferred by an enactment | - entry to property under an implied licence.

Answer 22

- to prevent the commission of an offence · to protect life or property, or to prevent injury or harm · to investigate whether an offence has been committed · any purpose in respect of which you could exercise a power of search (y an enactment), if you held a particular belief or suspicion specified in the enactment. (s92) You must justify asking person to a consent search. You can't randomly conduct a consent search and must not use to go on "a fishing expedition" to see what might be located.

Answer 23

· advise the person from whom consent is sought: of the reason for the proposed search - that they may consent or refuse to consent to the search. (s93) Good practice is to identify yourself by name, reason for your search and if not in Police uniform produce evidence of your identity.

Answer 24

stop the search immediately, unless a warrantless search power can be invoked to continue the search.

Answer 25

- it is not for a purpose set out in section 92, or · you fail to give the required advice set out in section 93, or · you undertake a search relying on consent given by a person who does not have authority to give that consent. (s94)

Answer 26

A person under 14 years of age cannot consent to the search of a place, vehicle, or other thing. An exception is when they are found driving a vehicle and there is no passenger of or over the age of 14 years with authority to consent to the vehicle's search. (s95)

Answer 27

Consent search rules do not: apply to a search conducted: - as a condition of entry to any public or private place (e.g. a condition of entry to a sporting fixture or concert), or - in accordance with a power conferred by an enactment, or · affect the rule of law relating to the implied licence to enter property.

Answer 28

Such an implied licence can be revoked by the | occupier at any time.

Answer 29

you should carry it out in the same manner as when using a search power

Answer 30

- the person is wearing or carrying, (e.g. a bag), or · is in the person's physical possession or immediate control provided the person consents to these items being searched.

Answer 31

The disadvantages of using a consent searches are: · the person being searched by consent can withdraw their consent at any time, which means the search must stop immediately, unless a search power can be invoked to continue the search · if a search power is invoked after withdrawal of consent, the initial request may be seen to be token and meaningless · the existence or validity of any consent given may be challenged in court.

Answer 32

Enter and search the place, vehicle, or other thing you are authorised to enter and search, and any item(s) found in that place, vehicle or other thing. You can do this at any reasonable time.

Answer 33

Request assistance from any person with the entry and search (including a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi).

Answer 34

Use reasonable force on property only to carry out the search and lawful seizure. Note: This power does not authorise the application of force to any person (s115 (3)). The use of force against a person for the purpose of search is covered by section 125.

Answer 35

Seize anything that is the subject of the search or anything else that may be lawfully seized.

Answer 36

Bring and use any equipment or use any equipment found on place / vehicle / other thing. You may also use electricity from the place / vehicle, / other thing to operate equipment that it is reasonable to use in the circs for the entry and search.

Answer 37

Bring and use a trained law enforcement dog and its handler in or on the place, vehicle, or other thing being searched.

Answer 38

Copy any document, or part of a document, that may lawfully be seized.

Answer 39

Use reasonable measures to access a computer system or other data storage device located (wholly or in part) at the place, vehicle or other thing if any intangible material that is the subject of the search may be in that computer system or device.

Answer 40

Copy intangible material accessed as above or which may otherwise be lawfully seized. This includes previewing, cloning, or using other forensic methods before or after removal for examination

Answer 41

Take photographs, sound and video recordings, and drawings of the place, vehicle / other thing being searched & anything found there, if you have RGB they maybe relevant 2 the purposes of entry & search.

Answer 42

any conditions imposed by an issuing officer when issuing a search warrant · the privilege and confidentiality provisions in the Act. (s115) They are also subject the requirements of "reasonableness" under section 21 New Zealand Bill of Rights Act 1990.

Answer 43

You must, (unless they are another constable): · accompany them when they first enter the place, vehicle, or other thing to be searched, and · provide reasonable supervision of them. (s113)

Answer 44

Any person called to assist you exercise a search power may enter the place / vehicle / other thing to be searched, but can only exercise this and other powers listed in the table above as directed by you. For example, an assistant can only search places you determine are lawful to search, take photographs, or bring in and use equipment or electricity that you determine may lawfully be taken or used. (s113)

Answer 45

you may, when reasonable in the circs: · enter & secure place / vehicle / other thing, · any item(s) found there, & direct any person to assist with entry & securing of the place / vehicle / other thing, or the items in it if you, believe that evidential material may be destroyed, concealed, altered, damaged, or removed before a decision is taken to grant or refuse the issue of a search warrant.

Answer 46

the expiry of six hours from when the power is first exercised · the warrant is available for execution at that place or vehicle or in respect of that other thing · the application for a search warrant is refused. (s117)

Answer 47

if the person was there at the start of the search, or | · arrives at the place or stops at, or enters, or tries to enter, the vehicle while the search is being carried out

Answer 48

The detention: · may be for any reasonable period but no longer than the duration of the search · starts when you direct the person to remain and ends when you tell them they are free to go. (s118)

Answer 49

You cannot simply detain the person for the duration of the search and then on completion, consider the matter of connection. n essence, once people have been excluded and cleared of suspicion, they should be informed that they are free to go about their business.

Answer 50

If it is not practicable, you should assist the occupants to find alternative locations such as relatives’ or friends’ houses to stay while the search is completed.

Answer 51

search any person... · found at the place or in / on the vehicle / who arrives at the place / who stops at, or enters, or tries to enter or get into or onto the vehicle if you have RGB that evidential material that is the object of the search is on that person, or · suspect the person is in possession of a dangerous item that poses a threat to safety and you believe that immediate action is needed to address that threat. Exception: An exception to the above is when the search of the place or vehicle is for drugs. In that case, you can search any person at the scene as a matter of course under section 19 or 21. (s119)

Answer 52

once your search has been completed, or | · when you are satisfied there is no longer any threat to safety.

Answer 53

you may... · apprehend the person or · enter any place to apprehend the person or vehicle if you have been freshly pursuing the person from the intended search location until apprehended, and · you have RGB that relevant evidential material is still on the person or in or on the vehicle (s120) Note: You can effect the apprehension or undertake the search only if you are the officer in fresh pursuit, unless you are acting as that officer's assistant under (s113) and under their direct supervision and control.

Answer 54

Powers of entry Every search power authorises the person exercising it, to enter and search the place, vehicle or other thing they are authorised to enter and search, and any item(s) found in that place, vehicle or thing, at any reasonable time. (s110)

Answer 55

Powers of entry If a search warrant authorises the search and entry of a vehicle, you may enter any place where you have RGB the vehicle is to locate and search it. (s127)

Answer 56

Identification and announcement requirements on entry If you exercise a search power, you must before your initial entry: · announce your intention to enter and search the place, vehicle, or other thing under a statutory power · identify yourself (by name or unique identifier) · if not in Police uniform produce evidence of your identity. You must also, either before or on initial entry provide the occupier of the place or the person in charge of the vehicle or other thing: · a copy of the search warrant, (if it is not possible or practicable to have this in your possession, you may execute: - a facsimile or a printout of an electronically generated copy of the warrant, or - a copy which is endorsed to that effect) (s131(1))

Answer 57

for a warrantless search or securing a scene under section 117 when a warrant is pending, (if requested by any person affected) state the name of the enactment under which you are searching or propose to search and the reason for the search, unless it is impracticable to do so in the circumstances. (s117)

Answer 58

- no person is lawfully present in, or on the place, vehicle, or other thing to be searched, or · compliance with the requirements would: · endanger the safety of any person, or · prejudice the successful exercise of the entry and search power, or · prejudice ongoing investigations. (s131(2))

Answer 59

secure the place, vehicle, or other thing searched (scene), or any area within that scene, or anything found within that scene · exclude any person from the scene or area, or give them any other reasonable direction, if you have RGB they will obstruct or hinder you.

Answer 60

identify yourself by name or ID · state the name of the enactment under which the search is taking place and the reason for the search, unless it is impracticable in the circumstances · if not in Police uniform, produce evidence of your identity.(s116)

Answer 61

Uniform is "distinctive clothing or equipment issued by the Commissioner to be worn by Police employees while on duty and having a colour scheme, pattern or style that enables the person wearing it to be readily identifiable as a Police employee". (s4 Policing Act 2008) For employees to be “in uniform” they must only be wearing items of clothing or equipment that have been approved by the Commissioner. Employees wearing items of clothing or equipment not approved or items approved only for special conditions are not deemed to be “in uniform” and therefore may not be able to legally exercise their powers. For example, wearing of SRBA as the only uniform item by plain clothed employees conducting searches is not sufficient to meet the criteria for being "in uniform". They must produce identification when exercising search powers.

Answer 62

You may also use reasonable force against any property or person to effect entry where this is justified under section 131(3), e.g. when entry is resisted or refused. When deciding whether to force entry, you must consider the possibility that such entry may present a danger to: · the Police party · the occupants of the premises, including children or other vulnerable people present members of the public.

Answer 63

Announce your presence (e.g. by knocking on the door), identify yourself to the occupants and state why you are there and by what authority. If admission is denied or unreasonably delayed and it is safe to do so, you can make a forced entry.

Answer 64

Examples include: · saving a person on the premises from death or injury · situations where giving a warning might endanger the police involved · preventing the destruction of evidence · entering in the course of ‘hot pursuit’ of an offender. (s131(2))

Answer 65

the tactical options available · reasonable and practical alternatives to a forced entry · the seriousness of the offence or circumstances · any history of violence on the part of any person present on the premises · danger to Police, the public or people present at the premises · whether there are reasonable grounds for believing that evidence will be destroyed or disposed of.

Answer 66

If any employee is armed during a forced entry, other than during an AOS operation, the requirements detailed in the "Police firearms" chapter of the Police Manual must be met.

Answer 67

When making any forced entry, every effort must be made to ensure Police safety. A uniformed employee should, where practicable, stand at the entry point to ensure occupants or the public realise that it is Police entering the premises. When an unobtrusive approach is required by employees in plain clothes (including AOS members), they must be issued with and wear a distinctive "Police" jerkin. This may be concealed or not worn until immediately prior to entry. You must also consider the safety of the public and others present on the premises.

Answer 68

You can only search for items specified in a search warrant or which are permitted under a warrantless power, and only in places that could contain them. For example, you could not search a drawer for a large television set - although you could for documents relating to it. A vehicle can be searched if it is on the premises, but a vehicle parked on the street must be specified in the warrant.

Answer 69

If you are searching a place or vehicle, you may search any person found there, or who arrives at the place or stops at, enters or tries to enter the vehicle, if you have RGB: . evidential material that is the object of the search, is on the person, or · the person is in possession of a dangerous item that poses a threat to safety, and that immediate action is necessary to address that threat. You can seize any such evidential material or dangerous item from the person. (s119) Note: In the case of searches for drugs, you may search any person at the scene as a matter of course under sections 19 or 21.

Answer 70

Every search power authorises you to seize anything that is the subject of the search or that may lawfully be seized. (s110(d)) If you find evidence of an offence other than the one specified in the warrant or covered by your warrantless power, you cannot seize it unless: · you obtain another warrant, or · you exercise plain view seizure under section 123.

Answer 71

If you are not certain if something can lawfully be seized and it is not reasonably practicable to determine that where the search takes place, you may remove the item for examination or analysis to determine whether it may be lawfully seized. (s112) This removal power is limited to when you are exercising a search power to find an item but are not sure if the item found is the actual item you are searching for and therefore whether it may lawfully be seized. For example, if you are exercising a search power to locate cocaine and find a package containing white powder, you may remove the package under section 112 for the purpose of examination or analysis to determine whether or not the powder is cocaine and can then lawfully be seized. The section 112 removal power could not be used, if for example, the purpose of your search is to find cannabis, but you find a television and are uncertain whether it is stolen or not. You would need to consider whether the circumstances are appropriate to exercise a plain view seizure under section 123 or to secure the place, vehicle or other thing being searched while an application for a search warrant is pending under section 117. (See “Special powers when search warrants are pending”).

Answer 72

If you are exercising a search power or are lawfully in a place as part of your duties, you may seize any item(s) you find in the course of carrying out the search or as a result of observations at that place, if you have RGB you could have seized the item(s) under: · any search warrant obtained under the Search and Surveillance Act or another enactment, or · any other search power exercisable by you under the Search and Surveillance Act or another enactment. If you seize an item(s) in circumstances where you are not already exercising a search power, you may exercise any applicable power conferred by s110 in relation to the seizure of the items. (s123(3))

Answer 73

Special rules apply in relation to the search and seizure of privileged or confidential materials held by lawyers, ministers of religion, medical practitioners, or clinical psychologists relating to clients or journalists relating to their sources.

Answer 74

There are strict notice requirements under sections 131 and 132 of the Act to be followed by persons exercising a search power or who conduct a remote access search.

Answer 75

The form of notice given before or after a search and seizure varies depending on whether the search was conducted with or without a warrant and whether or not the occupier or person in charge of the vehicle was present during the search.

Answer 76

you must give that person before or on initial entry: · copy of the warrant and attached privilege information contained in the 'Notice to occupier, or the person in charge of vehicle or other thing present during search', or · if a warrantless search, a copy of the 'Notice to person present during warrantless search' (POL1275). Note: The exception to this requirement is when you have RGB an unannounced forced entry is justified in the following circumstances: · a person is not lawfully present (e.g. a burglar), or · compliance would: - endanger the safety of any person - prejudice the successful exercise of the entry and search power, or - prejudice ongoing investigations. (s131(1))

Answer 77

on completion of the search, leave in a prominent position at the place / in / on vehicle / other thing: · copy of warrant & attached privilege info in 'Notice to occupier / person in charge of vehicle / other thing not present during search or · if a warrantless search, a copy of the 'Notice to person not present during warrantless search' (POL1275). (s131(4))

Answer 78

at the time thing is seized, or asap after seizure & no later than 7 days, provide: · to the occupier of the place / person in charge of vehicle / other thing, and · to every other person you have R2B is the owner of thing seized, the following: · an inventory of items seized (POL 268) and the accompanying 'Notice to owners and others in relation to things seized, and · a copy of the authority (i.e. a copy of the warrant, POL1275) if the owner is different from the occupier or person in charge and has not previously received the relevant form (s133) you must Note: When a search warrant prints off the Search and Surveillance System it will have two attachments, one to be used if the owner is present, the other when they are not. Both attachments have appropriate headings to distinguish them

Answer 79

No person: · under 14 years of age (unless found driving a vehicle with no passenger of or over the age of 14 years with authority to consent to the vehicle's search), or · who you have RGB is not the occupier of the place or person in charge of the vehicle or other thing can be treated as the occupier of the place or the person in charge of a vehicle or other thing for the purposes of section 131 and sections 133 to 135. (s131(6))

Answer 80

on top of provdg ocupir of plc / prsn n chrg of vhcle / orthg noce of wats sezed, s133(1) rqrs u2 prvde any prsn yu R2B is ownr of thng sezed wrtn notce wats sezd & info re prsns ryt 2 acess thng or claim prvlge re thng sezd & copy of authrty 4 srch (ie srch Wrnt or wrntlss srch & nme of act srch tok plce Ths sctn prvds info must b prvdd asap aftr sesr or wthn 7 dys Mst tke cre wen prvdg info t2 ownrs flowng sezr. Swrnts / advc of wrntlss pwr & nvntry of itms sezd (POL268 cntain dtals itms lc8d excpt 4 ntces wrntlss srchs ID of prsn whm thy wre sezd. POL 268 may cntain dtals of prprty blngng to mulitpl ownrs prvdg ths prsnl inf 2 ownrs of stln prprty whch s rcvred my pose thret to sfty of prsn who it was sezd - eg ownr of stln itm mayb gang mmbr wntg retrbtion

Answer 81

Action Delete / mark out the identity and location on the inventory (POL 268) copy the location of the search on the search warrant copy or the warrantless search power notice copy before providing to the owner. Seek advice from Legal Services if the owner disputes the deletions from the documents.

Answer 82

Apply to a Judge for postponement of notice and inventory requirements under section 134. This option has limitations in that the application must be made within 7 days after the warrant is finally executed or the warrantless search power is exercised.

Answer 83

Curtilage means an area attached to a dwelling house and forming one enclosure with it. In an urban area it would include the area within a dwelling’s fenced boundary.

Answer 84

if you are satisfied that… | grounds exist to search the vehicle

Answer 85

the warrant has been issued and is in force. | s121

Answer 86

and you have... lawful authority to search the vehicle, but it is impracticable to do so at that place, or · reasonable grounds to believe it is necessary to move the vehicle for safekeeping. (s121)

Answer 87

and you have... lawful authority to search the vehicle, but it is impracticable to do so at that place, or · RGB it is necessary to move the vehicle for safekeeping (s122)

Answer 88

You may require the vehicle to remain stopped for as long as is reasonably necessary for the exercise of any powers in respect of: · the vehicle, or · the occupants of the vehicle. (s128)

Answer 89

Immediately after stopping the vehicle, you must: · identify yourself to the driver · state the name of the enactment under which the search is taking place and the reason for the search, unless it is impracticable in the circumstances · if not in Police uniform, produce evidence of your identity. (s129)

Answer 90

You may stop a vehicle without warrant to arrest a person if you have reasonable grounds: · to suspect that a person: - is unlawfully at large, or - has committed an offence punishable by imprisonment, and · to believe the person is in or on the vehicle. (s9)

Answer 91

a person for whose arrest a warrant is in force, except when it is a fines warrant issued under Part 3 of the Summary Proceedings Act 1957 · anyone who has escaped from lawful custody · a special or restricted mental health patient who is absent without leave.

Answer 92

require any person in / on vehicle who you have RGS is unlawfully at large or has committed an offence punishable by imprisonment to supply their name, address, other contact details and date of birth · search the vehicle to locate the person, if you have RGB they are in or on the vehicle · search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped, if the person: - has been arrested, or - is seen fleeing from the vehicle before they can be arrested. Before searching, you must tell the driver the object of the proposed search if they are not the person suspected of being unlawfully at large or of committing an offence. (s10)

Answer 93

Note in particular that Police policy requires that when stopping a vehicle you must: · be wearing a Police uniform or distinctive cap, hat or helmet with a badge of authority affixed to that cap, hat or helmet, or · be following immediately behind the vehicle, and displaying flashing blue lights or flashing blue and red lights, and/or sounding a siren.

Answer 94

you may arrest the person if they fail to stop when required or to comply with a requirement under section 128 to remain stopped. (s177)

Answer 95

If you are a s/const (holding or acting in a position level of sergeant or above) you may authorise the establishment of a road block (orally or in writing) if you have RGB that in or on a vehicle there is a person who you have RGS - has committed an offence punishable by a term of imprisonment or - is unlawfully at large, and · suspect the vehicle will travel past the place where it is proposed the road block be established. You must be satisfied that, as far as is reasonably practicable, the safety of all road users will be ensured in the area where the road block will be established. (s30) Note: In this section, senior constable means a constable who holds a level of position of sergeant or higher, and includes any constable who is acting in any such rank (subsection 4 of s30).

Answer 96

is valid for an initial period not exceeding 24 hours specified by the person giving the authorisation, and · may be renewed from time to time by a district court judge for a single further period not exceeding 24 hours specified in writing by the judge.

Answer 97

. the location | · the period(s) for and grounds on which authorisation was granted or renewed. (s31)

Answer 98

Establish a road block at the place specified in the authorisation.

Answer 99

Stop vehicles at or in the vicinity of the road block

Answer 100

Rqyr any prsn n / on any vhcl stopd by th road block hu u hv RGS hs cmtd an ofnce pnshbl by mprsnmnt 2 st8 their name, address, and date of birth.

Answer 101

srch vhcl 4 prpse of lc8g prsn hu hs comitd an ofnc (punshbl by mprsnmnt) or s unlwfly at lrg (excldg non-pymnt of fines wrnt), if u / any othr cnstbl has RGB the prsn s n / on the vehicle (s32)

Answer 102

4 as lng as Rsnbly ncsry 2 nabl u 2 xrcse any of th powrs above in respect of the vehicle or its occupants. (s128)

Answer 103

u my arst prsn f thy fl 2 stp wen rqyrd or 2 cmply wth a rqyrmnt undr s128 to remain stopped. (s177)

Answer 104

The rationale for estblshg a road blk mst b lwful & Rsnbl. 2 asst wth gaging Rsnblnss, a comnity mpct asesmnt (CIA) mst b undrtkn of the advrs mpct of estblishg rd blks: · whr vlnrbe peple are present · on the community and interest groups.

Answer 105

Use Cmunt Mpct Assmnt Polc Frms 4 ths prpse. Be prprd 2 cary out a ongong mntal CIA as th situatin chngs during execution of the road block. Cmnity Mpct Assmnts b dne, if it's mprctcl due 2 sits of emrgncy or urgncy. n thse circs, rcord th cnsidrtions & dcisns l8r in a notebook or a CIA form.

Answer 106

locate and preserve evidence · remove weapons or means of escape · remove and care for a prisoner’s property · lc8 & rmve artcls or sbstncs tht cud mpct on th sfty of tht prisnr or tht of othr prisnrs, mmbes of th pblc or Police employees · nsur th sfty of a prisnr consdrd 2b at rsk of atmptg suicide or self harm.

Answer 107

There r 3 main typs of prsnal srchs wich hve ncrsing lvls of jstficatn 8 requirements: · rub-down searches · strip searches · internal searches.

Answer 108

These general principles apply to all searches: · Th srch mst b lwfl, i.e. u mst b authrsd by th Srch & S Act 2012 or anothr nactmnt 2 cnduct a srch, or . cnduct it wth th prson's nfrmd consent. · Pple being srchd mst b tretd wth sch dgnty, prvcy, rspct & snsitivity tht th ndvdual situatn & th sfty of mplyes dealing with them will permit. · Any forc / rstrant usd on prsn being srchd mst alwys be rsnbl n th circs. · Gnrly srchs shud b caryd out by cnstbls, authrsd ofcrs or srchrs of th sam sx as th prsn bing srchd. Sme excptns aply wen mplyes of th sme sex as th prsn beng srchd r nt available. · Whr prcticbl, any srch & or rmval of prprty frm th prsn bing srchd mst b wtnesd by anthr Plie mplye. · All prprty rmved / sezd frm a prsn srchd mst b apropratly documented and accounted for.

Answer 109

Plce cn srch ppl wen thy r authrsd by lgsltn 2 do so. You must search a person lawfully by always: · exercising a warrantless power, or · executing a warrant power, or · conducting a search with the person's consent. Note: When a statutory power exists to search a person, you should use that power rather than relying on a consensual search, as consent may be withdrawn by the person at any time. When making a decision to search, you must consider your tactical options and work within the principles of TENR (Threat, Exposure, Necessity, Response).

Answer 110

in custody and who is or is about to be locked up (s11) · found in a public place for evidential material (s16) · for arms (s18) · in relation to drug offences (s21, 22 & 23) · for offensive weapons (s27) · after arrest or detention (s85 & 88).

Answer 111

Searching people can include searching anything: · they are wearing or carrying, or · that is in their physical possession or immediate control - this could include a place or vehicle.

Answer 112

You may search a person in a public place without a warrant if you have reasonable grounds to believe that they are in possession of evidential material relating to an offence punishable by 14 years imprisonment or more. (s16)

Answer 113

do any or all of the following without a warrant: · search the person · search anything in their possession or under their control (including a vehicle) · enter a place or vehicle to carry out one of the above · seize and detain: - any arms found - any licence under the Arms Act 1983 that is found. Note: Arms are "in a person's possession or under their control" if they have access to them. They do not need to be in the person's immediate possession (s18(1)&(2))

Answer 114

Unless impracticable in the circumstances, obtain approval from a sergeant or above before exercising any of the warrantless powers outlined above in relation to arms.

Answer 115

You may search a person without a warrant if you have reasonable grounds to suspect the person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances). (s27)

Answer 116

There are two alternative search powers that might be appropriately exercised immediately upon arrest or when detained under a statutory power of detention. These are: · a rubdown search, under sections 85 - 87, and · a warrantless search under section 88. A search may be carried out under one of these provisions before the search conducted under section 11 when people are locked up. Any search undertaken pursuant to section 11(1) & (2), should only be completed by custodial or watchhouse employees before the person is placed into a cell, unless the circumstances are such that an urgent search under section 11 is required. The primary purpose of the section 11 search is not to look for or seize evidential material but to protect the detained person’s property and remove items that might be used to harm themselves or others.

Answer 117

You may search a person who has been taken into lawful custody and is: · at a Police station, or · in other premises, or in, or about to be placed in a vehicle being used for Police purposes, and · is, or is to be, locked up (pending a decision on bail or for any other reason). You may take any money or other property found during the search. (s11(4)) This power may be exercised before the person is locked up. (s11(2))

Answer 118

"Locked up" means a person taken into lawful custody and being placed behind a closed or locked door that prevents them from leaving. Examples are a cell or charge room at a Police station or a vehicle used for Police purposes (other than being placed in a Police vehicle only for the immediate purposes of transport).

Answer 119

After a person has been locked up they can only be searched if: · they were not searched before being locked up, or · since being searched before being locked up, they have been in, or are reasonably suspected of having been in, close proximity to: - a person who was not locked up in Police custody (other than an enforcement officer or a searcher), or - another person who was eligible to be searched after being locked up but was not, or · there are reasonable grounds to believe the person is in possession of anything that may be used to harm themselves or others. (s11(3))

Answer 120

Apart from an immediate rub-down search of an arrested or detained person under section 85 (see below), or a warrantless search under section 88, avoid searching people under section 11 immediately after their arrest. If you do so, a further search under section 11 cannot be conducted after the person arrives at the police station unless one of the situations in section 11(3) exists (see above). If it is necessary to search a person in transit to remove valuable items to prevent the property from being stolen or to prevent an assault, then you should remove all property from the person.

Answer 121

If a prisoner undergoes a section 11 custodial search and is locked up, a further section 11 search can only be conducted if the exceptions in section 11(3) apply. If a prisoner has undergone a section 11 custodial search at one station and is later transported to another station (having previously been “locked up”), a further section 11 search can only be conducted if the exceptions in section 11(3) apply. If you are certain that another search is required, you should undertake that search under sections 85 or 88 (e.g. to ensure the prisoner is not carrying anything that may be used harm any person, or facilitate their escape). The rationale for using the section 85 or 88 search power is the power of detention that is being exercised at the destination station. If not practicable to conduct the search under section 85 or 88 you may consider a second search under s11 on the grounds that while the prisoner in transit they are no longer considered to be “locked up” until they reach the next place of detention where they are to be again “locked up”. However, be aware that this rationale has not been tested in court and there is therefore a risk of the search being found to be unlawful. Any search must be reasonable in the circumstances.

Answer 122

You may carry out a rub-down search of a person who is arrested or detained under any enactment, to ensure the person is not carrying anything that may be used to: · harm any person (including themselves), or · facilitate the person's escape. (s85) This power may be used on every person who is arrested or detained.

Answer 123

If u arstd, or dtynd prsn undr sttory pwr of dtntn u my srch th prsn f u hv RGB thre s anythg on or cryd by th prsn tht: · my b usd 2 hrm any person (including themselves), or · may be used to facilitate the person's escape, or · is evidential material relating to the offence for which the arrest was made or the person detained. (s88) Note: The grounds authorising a search under this section will not apply to every person who is arrested or detained. Rub-down or strip searches may be used under section 88 depending on the circumstances.

Answer 124

Th scope of th pwr 2 sez smpls s uncrtan as th Rsnbles of a spcfc srch dpnds on th circs of th srch assed against an ndvdal’s Rsnbl xpct8ion of prvcy frm St8 ntrusn in a lw Enfcmt cntxt protctd by s21 of NZBORA Act 1990 (unreasonable search and seizure). Th mre ntrsve th srch, th hghr stndrd of jstfi8ion tht police wl b rqrd 2 met. 4 xmpl, a penile swab may link the arrested person to the victim by DNA. However, where the person does not consent, the use of force could render the search and seizure unreasonable, not because of the unreasonable manner in which it was carried out but because it occurred at all. This has yet to be tested in court. The power to seize a sample as evidential material from the external body of the person under section 88 is independent of the powers to take samples under the Criminal Investigations (Bodily Samples) Act 1995. Nevertheless, evidence should not be seized under section 88 for the purpose of obtaining a suspect’s DNA profile.

Answer 125

Examples where samples may be seized from the external body of an arrested or detained person as evidential material include: · a swab to remove blood from the victim of an assault on the arrested person’s neck · fingernail scrapings from the fingers of an arrested rape offender that may link the offender to the victim by DNA · a swab of an arrested person’s skin for gunshot residue · penile swabs (Refer to the online Police Manual chapter for more detail).

Answer 126

Searches under section 88 for the purpose of seizing samples as evidential material from the external body of an arrested or detained person must be lawful, reasonable and approved by a constable who is of or above the level position of sergeant. Note: The Court of Appeal, in R v Williams [2007] 3 NZLR 207, (2007) 23 CRNZ 1 (CA), confirmed that the concepts of lawfulness and unreasonableness were distinct. Searches that are lawful may nevertheless be unreasonable taking into account the manner, time and place of the search.

Answer 127

When exercising a power to search a person you must: · identify yourself · state the name of the Act under which the search is taking place and the reasons for it unless it is impracticable to do so in the circumstances · produce evidence of your identity if you are not in Police uniform · promptly provide the person with a copy of an inventory of any items seized during the search. (s125(1)&(4))

Answer 128

detain the person for as long as necessary to enable the search to be carried out use reasonable force for the purposes of the search (You should first arrest for obstruction and then use force to complete the search) use any equipment or aids, e.g. torch to facilitate the search (while conducting it), if it is used in a way that: · involves no or minimal contact, and · is reasonable in the circumstances ask for assistance from · a medical practitioner or nurse, and /or · a parent, guardian, or other person responsible for the day-today care of the person to be searched if you think it is in the interests of the person to be searched ask for assistance from another officer (from any law enforcement agency) who is also authorised to conduct a strip search and is of the same sex as the person being searched, if you are undertaking a strip search. search any item: · the person is wearing or carrying, or · is in their physical possession or immediate control seize anything carried by the person or in their immediate possession or control if: · it is the subject of your search, or · may otherwise lawfully be seized. copy all or part of a document carried by the person being searched or in their physical possession or immediate control if that document is the subject of your search or may otherwise be lawfully seized access using reasonable measures a computer system or other data storage device carried by the person being searched or that is in their physical possession or immediate control, if any intangible material that is the subject of your search may be in that computer system or other device. copy intangible material accessed as above that is the subject of your search or may otherwise be lawfully seized, (including by means of previewing, cloning, or other forensic methods before or after removal for examination. take photographs or make sound or video recordings, or drawings of any thing being carried or in the physical possession or immediate control of the person being searched if you have reasonable grounds to believe that the photographs or sound or video recordings or drawings may be relevant to the purposes of the search (s125(1))

Answer 129

Searches must be reasonable under section 21 of the New Zealand Bill of Rights Act 1990. If the search complies with section 125 of the Search and Surveillance Act 2012, it is likely to be reasonable under section 21 of the New Zealand Bill of Rights Act. However, there is still an overriding requirement of reasonableness such that if the search is carried out in a manner unreasonable in the circumstances, it may breach section 21 even if authorised by the provisions of the Search and Surveillance Act 2012.

Answer 130

A rub-down search is a search of a clothed person in which you may: · run or pat your hand over the body of the person being searched, whether outside or inside their clothing (other than the underclothing) · insert your hand inside any pocket or pouch in their clothing (other than the underclothing) · for the purpose of permitting a visual inspection, require the person being searched to: - open their mouth - display the palms of their hands or the soles of their feet - lift or rub their hair. (s85(2))

Answer 131

A rubdown search may include a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but must not include the insertion of any instrument, device, or thing into any of those orifices. (s87)

Answer 132

To facilitate a rub-down search you may require the person being searched to: · remove, raise, lower, or open any outer clothing (including, without limitation, any coat, jacket, jumper, or cardigan) being worn by them, except when they have no other clothing, or only underclothing, under that outer clothing, and · remove any head covering, gloves, or footwear (including socks or stockings) being worn . You may also search: · any item carried by or in their possession, and · any outer clothing removed, raised, lowered, or opened for the purposes of the search, and · any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search. (s86)

Answer 133

You may carry out a rub-down search when a person is arrested or detained under a statutory power of detention, to ensure that they are not carrying anything that may be used to: · harm any person, or · facilitate the person’s escape. (s85(1))

Answer 134

Conduct a rub-down search for weapons or easily disposed of items as soon as practicable after a person's arrest or detention and before placing them in a vehicle or secure area. If possible, do this out of the public's view to give the person privacy and avoid interference from sympathisers and adverse public reaction. If it is not practicable to complete a full rub-down search immediately after arrest or detention: · conduct a visual examination of their head, torso, arms and legs as a preliminary check for weapons and evidential material, and · remain with them and closely observe them to prevent them from: - using anything they may be carrying or have concealed to harm any person or facilitate their escape - hiding or disposing of any evidence. If the suspect is transported in a vehicle, check the seat and surrounding area (e.g. floor, door etc) of that vehicle afterwards

Answer 135

All prisoners must undergo a rub-down search as soon as they arrive at the custody area or station unless: · it would be unjustifiable to search the person because, for example: - it is a minor charge - all evidence is located · the prisoner is: - not placed into a cell or left unsupervised and is being immediately bailed, or - not at risk of harming any person or escaping before they are bailed, or · there is justification in the circumstances to conduct a strip search instead.

Answer 136

If you search a person under any provision in the SS Act 2012 or othr enactment, and remove or seize any property from them, you must promptly prepare an inventory of what was removed or seized and provide the person with a copy. (s125(4))

Answer 137

Facts cops stop car re QVR flag on it, issued non op order Const saw lrg machete on bak seat. Advsd drvr M he wil srch 4 wepns re S&S Act. M & prtnr advsd prsonlly srchd & gvn rghts Cnst G tuk photos but no othr wepns / itms of ntrst dring srch. Mchete sezd, M sed it's for cmping. Tent lc8d n boot but no othr cmpng eqpmnt. M dclnd elabratg or mke s8mnt M chrgd, under s 202A(4) Crms Act 1961, with posssg ofnsv wepn in publc space wthot lwfl authrty or reasonable excuse. In the District Court M contended that on the authority of Kearns v R [2017] NZCA 51 th srch unlwfl & any Ev frm srch, beng th machete, photographs of the car’s interior and M’s st8mnt the machete was “for camping”, was inadmissible. The Court held on th authrty of Kearns the Ev was imprprly obtnd but was admissible pursuant to s30 of Ev Act 2006. M appealed to the High Court. High Court The High Court distinguished Kearns & held Ev admsbl . Kearns estblshd a vehicle can b srchd, undr s28 of SSA, if RGS a vhcl cntains ofnsv wepn (wthr on prsn or nsyd th vhcl) & prsn doen't hv lwfl authty or REx 4 posesg th ofnsv wepon. In Kearns the srch was unlwfl, Police ddn't hv RGS that Mr Krns had no REx 4 his psesion of crft knfe. Crt estblshd b4 th srch was excutd Police were rquird to inqyr as to wethr th sspct hd a resnbl xpln8n 4 psesg the knife. The Hgh Crt found ths situ8n dstngshbl cause thr r few circs where it's acptbl 2 possess a machete. plus evn f M’s “cmpng” prpse 4 th mchete ws fuly xplnd, it wud't have ben acptd by th Polic as a RExcuse In thes circs, th Crt found th srch of th car 2b lwfl & th Ev admsbl. Th Crt hld tht th car’s unroadwrthnes hd givn polic a lgtmt ntrst 2 nvstig8 & th machete ws n rlatvly plain site. Comment To estblsh wethr th prsn dosn't hve lwfl authrty or a REx, Krns holds tht enqyres as 2 prpse of possessing the ofnsve wepn mst be made prior to the search. In Kearns, K kpt th craft knfe n hs car du 2 his job as a quantity surveyor. This ws hld 2b a REx & th srch was rendered unlwful. Hweva, wthr ther's REx 4 pssg an ofnsv wepn is a spctrum; psesng a craft knife used in employment was rsnabl but psesg a lrg machete 4 a lrgly unxplnd prpse was not. Th Crt sgestd tht prior 2 th srch th ofcr cd've askd M why he hd th machete n hs vhcl. Upon M’s xplntn, wich wud n unlkly 2 b demd a REx, th ofcr wud'v been nttld 2 srch the vhcl n acrdnce with SSA.