Module Flashcards
RGTS means
RGTB means
RGTS means having a sound basis for suspecting that a situation or circumstance exists
RGTB means having a sound basis for believing that a situation or circumstance exists
What is a lawful search under the S&S Act
A search that is conducted with:
A search warrant
Under a warrantless search power
With a persons consent
And complied with S21 of the NZ BOR Act considering:
The nature of the search
How intrusive the search is
Where and when the search takes place
When thinking about applying for a SW consider
Is there time to gain approval and apply for SW
Can the scene be secured
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
Benefit of using SW
Ensures judicial oversight
Provides greater protection for police and public
Requires recording and reporting of results
Before conducting a search by consent you must determine that the search is for one of the following reasons
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
Before conducting a search by consent you must advise the person
Of the reason for the proposed search and
They may consent or refuse to consent to the search
Can a person under 14 consent to a search
A person under 14 is unable to consent to the search of a place, vehicle or thing (unless they are found driving with no passenger of or over the age of 14 yrs with authority to consent to the vehicle’s search)
What does Tangible mean
Something that may be touched
What does intangible mean
Unable to be touched; not having a physical presence
What does CADD mean and provide an example of each
Conceal - 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, drugs or burning clothing
What is the purpose of the act
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 that recognise the importance of the rights and entitlements affirmed in other enactments
Ensuring investigative tools are effective and adequate for law enforcement needs
To comply Police will
Ensure it has a lawful authority to conduct such activities and exercise any other incidental power in relation to those activities, including the use of force
Conduct risk assessments when planning the exercise of those powers and take action to mitigate risks to protect the safety of the public and employees carrying out the act’s powers
Only seize what police are lawfully entitled to seize
provide appropriate announcements and identification in the exercise of those powers
Satisfy requirements detailed in the act
When searching a place, vehicle or thing you must comply with the obligations set out in s131. What are those obligations?
Identify yourself (name or QID)
Announce your intention to enter and search
State the name of the Act
Give notice by providing a copy of the search warrant
Detain - BOR
When using a warrantless search power you must state the reason for your search. What else must you do?
Provide a copy of SW or a warrantless search notice (POL1275) to occupier as well as inventory of items seized
Report your use of certain powers
Consider privilege
When do you not have to comply with obligations under S131?
No one present
Endanger any person’s safety
Prejudice the successful use of the entry and search power
Prejudice on-going investigations
