Q&A

Question 1

To meet the objectives and obligations when carrying out entries, searches and inspections, productions, examinations, seizures, road block and stopping vehicles Police will ??

Answer 1

• only seize what Police are lawfully entitled to seize
• satisfy requirement detailed in act
• provide appropriate announcement and identification in the exercising those powers
• conduct risk assessment when planning the exercise of those powers and take actions to mitigate risks to protect the safety of public and staff

Question 2

Under the S&S a lawful search that is conducted with a ?

Answer 2

• search warrant
• warrantless search
• consent search

Question 3

Under the S&S a reasonable search is a search that ?

Answer 3

• complies with s21 under the BOR 1975 and considers these factors
• nature of the search
• how intrusive the search is
• where and when the search will take place

Question 4

Before conducting a search by consent, what must you advice the person from whom consents is sought ?

Answer 4

• the reason for the search

* they can withdraw their consent at any time of the search

Question 5

Rules surrounding a person under the age of 14 years ?

Answer 5

• Person under 14 cannot give consent to search a place, vehicle or other thing
UNLESS
• They are driving alone or they have a passenger over the age of 14 years of age who has the authority to consent to search of the vehicle

Question 6

You are not required to comply with ID (requirements) on initial entry if you have RGTB that no one is present.

Also you do not have to comply with the requirements on initial entry if you have RGTB this would ?

Answer 6

• RGTB no one is present
• endanger persons safety
• prejudice on going investigations
• prejudice successful entry and search power

Question 7

What do you do if the person refuses entry ?

Answer 7

• uses reasonable force to gain entry or doesn’t allow entry within a reasonable time

Question 8

What if there is no one at the place where the search is to be continued ?

Answer 8

• use reasonable force to enter the place, vehicle, other thing if you have RGTB no one is lawfully present
• leave a copy of the 4X and inventory list done after the search within 7 days after the search

Question 9

What if your search is impeded ?

Answer 9

If you have RGTB person would obstruct or hinder your ability to search then you could use s116 to
• exclude person from the place vehicle other thing OR any area OR on the place or vehicle
• give reasonable direction to that perosn

Question 10

No privilege applies if the informant what ?

Answer 10

No information is made, compiled, or prepared for dishonesty purposes or enable or aid a person to commit and offence

Question 11

The powers by section s117 may be exercised until the first of the following occurs ?

Answer 11

• expiry of 6 hours from when the power was first exercised
• warrant is available for execution at the place vehicle or other thing
• application for 4X is refused

Question 12

When will a 4X warrant be authorised ?

Answer 12

When an IO is satisfy that the 4X application clearly shows
• RGTS an offence punishable by an imprisonment offence has been, will be or is about to be committed &
• RGTB the search will find EM in respect of an offence in the place vehicle or other thing

Question 13

What restrictions may an IO put on a 4X ?

Answer 13

• Time when the 4X can reasonable be executed
• Requiring the occupier / person in charge of place to provide reasonable assistance to the officer executing the 4X
• Requiring a report on the 4X within a specified time

Question 14

How long is a 4X warrant valid ?

Answer 14

• No more than 14 days issued

* No more than 30 days from the date issued, if you have justified why it’s necessary and issuing officer is satisfied

Question 15

How often can a 4X be executed ?

Answer 15

• Once unless
• More than one execution is applied for, justified and authorisation in the 4X. Must detail the reason for multiple reasons

Question 16

When you execute a 4X you are obliged to provide a copy of 4X and an inventory of any items that are sized to the occupier, when do you not provide a copy of the 4X or inventory would ?

Answer 16

• Endanger the safety of any person OR

* Prejudice on going investigation (may apply to a judge to postpone your obligations to provide a copy of 4X

Question 17

An application to postpone is made under section 134 of the act and should be presents to the Judge when ?

Answer 17

• at the time of the 4X application OR

* before 7 days has passed after 4X execution

Question 18

What do you do if no one is home ?

Answer 18

• if you have RGTB no one is home to be searched you do not have to comply with the s131
• you must leave a copy of the 4X and an inventory of any items seized
• if not reasonable practicable then this action mist be completed within 7 days of the 4X being executed

Question 19

If you are carrying out a lawful search and it is not reasonably practicable to determine whether any item can be lawfully seized you may ?

Answer 19

• remove items for examination or analysis off site to determine if you can seize it lawfully
• any item you want to remove must be within the scope of the search e.g. drug that require analysis at a lab

Question 20

You may seize any item you find in plain view when you are searching or that you observe if ?

Answer 20

• you have RGTB that you could have seized the item under a 4X or other search power

Question 21

Who may apply for a production order ?

Answer 21

• any enforcement officer

Question 22

What is a surveillance device and example of s/d

Answer 22

• a device which assist and enhances your normal capabilities to carry out the surveillance may be one of the following
• Visual Surveillance Device
• Tracking Device
• Interception device

Question 23

Who can issues a SW ?

Answer 23

• An IO - District Court or High Court Judge OR any person authorised by the Attorney General
• JP
• Community Magistrate
• Registrar
• Deputy Register

Question 24

What to ensure before making an online SW application ?

Answer 24

• RGTS that an imprisonable offence has been, will be, about to be committed &
• RGTB that a search will find EM in respect of the offence in the place, vehicle other thing
• Checked target history on NIA
• Assessed risk
• Initial approval from supervisor

Question 25

What should you do if a search warrant is refused ?

Answer 25

• Record reasons for refusing
• Consider issues raised- re draft the application addressing issues raised
• Re submit the application to the same IO

Question 26

When is a SW considered executed ?

Answer 26

• Have seized EM specified in the SW

* leave the place vehicle other thing and do not return within 4 hours

Question 27

Holding a SW briefing - what should you do ?

Answer 27

Ensure all staff are presents
Go through warrant information
Uses maps, photographs to ID targets
Provide copies of important documents - list of items of search
Ensure all staff are clear about their specified roles/responsibilities

Question 28

You are the OC warrant. What is your priority at a 4X ?

Answer 28

• GSMEAC
• To safely execute SW - safety is paramount
• The safety of all staff, vulnerable occupants / suspects
• Safety of neighbours premises and members of the public
• On going assessments of risks, management of risks and communicate it to staff involve

Question 29

Any enforcement officer from any enforcement organisation may apply for a PO ?

Answer 29

• Written authority to make an application for a PO from SGT or above

Question 30

Duration of a PO ?

Answer 30

No exceeding 30 days from date ordered

Question 31

Grounds for applying for a PO?

Answer 31

• RGTS an offence has been is being or will
Be committed AND
• Believe documents sought by the proposed order will
1 Constitute EM in respect of the offence: AND
2 Are in possession or control of the person whom the order is sought or will come into their possession or under their control while the order is in force

Question 32

Using hearsay evidence for a PO ?

Answer 32

Hearsay evidence can be used to outline the grounds on which the application is made if it is highly reliable

Question 33

There are set procedures when search in lies privileged material held by a specified person. You must ?

Answer 33

• Ensure the person or representative is present for the search
• Give the person reasonable time to claim privilege

Question 34

Privileged material includes material gained through communication with ?

Answer 34

• Legal Advisor
• Religious Ministers
• Journalist
• Medical Practitioner
• Clinical Psychologist
• Informants

Question 35

What does s120 allow you to do if you are in fresh pursuit ?

Answer 35

• RGTB EM is on the person, you have powers to enter any place to apprehend the person and search the person or vehicle

Question 36

What is the purpose of the act ?

Answer 36

• S5 purpose of the act to facilitate the monitoring of compliance with the law, investigation and prosecution of offences in a manner that is consistent with human rights values

• Modernise the law of search and surveillance by taking into account the advances of technology and regulate the use of those technologies
• Provide rules of recognising the rights and entitlements in the enactments
• Ensure investigation tools are efficient and adequate for law enforcement

Question 37

What are the three special rules for searching people ?

Answer 37

• Can search any item the person is wearing, carrying or is in their physical possession
• seize any time the person is wearing, carrying or is on their immediate possession of that is the item you are searching for
• seize any time that may be lawfully seized even if it was not the subject of your search

Question 38

Risk assessment must be ongoing and in preparing a search warrant for the applications process ? List 4

Answer 38

• Review and reassess the identified risk
• Work with others to ID and consider identified risks
• Plan how to manage and minimise any identified risk
• Determine how risk management will be communicated in your search warrant briefing

Question 39

When can a search warrant be executed ?

Answer 39

• At any reasonable time under the circumstances or

* A restricted time required by the IO as conditions or execution

Question 40

Cartilage ?

Answer 40

Land immediately surrounding a house or dwelling, including any closely associated building.