S and s

Question 1

RGTS

Answer 1

Reasonable grounds to suspect (RGTS) means having a sound basis for suspecting that a situation or circumstance

E.g You enter a house or vehicle because you suspect an offence has been, is being, or is about to be committed there.

Question 2

RGTB

Answer 2

Reasonable Grounds to Believe (RGTB) means having a sound basis for believing that a situation or circumstance exists.
Example:
You enter and search a house or vehicle, or search a person because you believe that a search will find the evidential material you are looking for

Question 3

Reasonable grounds

Answer 3

When you have formed a belief or suspicion you must be able to clearly describe your reasons – your reasonable grounds – for holding the belief or suspicion.
You must:
• record your 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 4

Lawful search

Answer 4

Under the Search and Surveillance Act a lawful search is a search that is conducted:
• with a search warrant, or
• under a warrantless search power, or
• with the person’s consent

Question 5

Reasonable search

Answer 5

Under the Search and Surveillance Act a reasonable search is a search that:
• 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

Whether or not to get a search warrant?

Answer 6

Before considering any search, you must think about whether applying for a search warrant is practicable in the circumstances.
If it is at all practicable to do so then you should apply for a search warrant even if a warrantless power is available.
A decision that applying for a search warrant is not practicable must be based on RGTB that it is not practicable to apply for a search warrant in the circumstances.
When you are thinking about what is practicable consider questions such as:
• is there time to gain approval and apply for a search warrant
• can the scene be secured (under section 117)
• are reasonable resources (including number of staff) available to minimise
risk and ensure safety
• is the evidential material at risk
• location of the search and who may be present
Remember to record this in your decision log.

Question 7

Advantages of a search warrant

Answer 7

1. Ensures judicial oversight
2. Provides greater protection for Police and the public
3. Requires recording and reporting of results
   To search by warrant requires participation in an end-to-end process. This process provides a series of checks and balances to protect both the Police and the public.
   The process moves from initial approval to application, authorisation, execution and on to final reporting of search warrant outcomes. Organisational accountability is maintained by reporting to Parliament and if required to issuing officers.

Question 8

Reasons for search by consent

Answer 8

No other powers available and….

• 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

Question 9

Obligations undertaking a consent search

Answer 9

• of the reason for the proposed search; and
• they may consent or refuse to consent to the search.
Note: a person who consents to a search of themselves, place, vehicle or thing in their control may withdraw their consent at any time. If this occurs, stop the search immediately, unless you can invoke a warrantless search power to continue the search.

Question 10

Who can you not consent search?

Answer 10

A person under 14 years old is unable to consent to the search of a place, vehicle or other thing (unless they are found driving with no passenger of or over 14 years of age with authority to consent to the vehicle’s search).

Question 11

Evidential material, tangible and intangible

Answer 11

Evidential material, in relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.
Tangible
According to the Oxford Dictionary, tangible means something that may be touched.
Intangible
According to the Oxford Dictionary, intangible means ‘unable to be touched; not having physical presence’

Question 12

CADD

Answer 12

When deciding if you should use a warrantless power, amongst other things you should consider if there is a possibility that evidential material will be subject to CADD.
• Concealed • Altered
• Damaged • Destroyed
You must be able to explain your RGTB that the evidential material you are searching for will be subject to CADD.
Examples of CADD are: 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
Search and Surveillance Act 2012 CIB019 12

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 before search (warrant or warrant less)

Answer 13

When searching a place, vehicle or other thing, you must comply with the obligations set out under section 131.
Your obligations cover identification, intention, reason and notice requirements whereby before initial entry you must:
• identify yourself by name or by unique identifier (QID)
• 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 (Bill of Rights).

Question 14

Situation where you do not have to comply with 131 obligations?

Answer 14

You are not required to comply with identification, intention and notice 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:
• endanger any person’s safety
• prejudice the successful use of the entry and search power
• prejudice on-going investigations

Question 15

Person turns up to or leaves search

Answer 15

If the person who is detained for the search tries to leave the place or vehicle you can use reasonable force to detain the person to be searched (section 118(4)).
If someone else arrives at the place or vehicle and starts talking to the person you have detained under section 118 depending on the circumstances you may:
• exclude that person from the search scene if you have RGTB the person
will obstruct or hinder your powers (section 116(1)(b)).
• detain that person to determine if there is any connection between them
and the object of your search (section 118(1)).
• search that person if you have RGTB that they may have evidential
material on them (section 119(1)).
• search that person if you have RGTS that they may have a dangerous
item that poses a threat to safety and you believe you need to act immediately to address that threat (section 119(2)(a) and (b)).

Question 16

Privileged material

Answer 16

Privilege allows the holders of particular information to refuse to disclose this information. This information is recognised as ‘privileged’ under the Search and Surveillance Act.
No privilege applies if the information is made, received, compiled or prepared for a dishonest purpose or to enable or aid any person to commit an offence.
Recognised privileged material includes material gained through communication with:
• legal advisers
• ministers of religion
• medical practitioners
• clinical psychologists
• informers (informants)
• journalists

Question 17

Power to search s.110

Answer 17

Each search power authorises you to use additional powers when searching a place, vehicle or other thing with or without a warrant.
Section 110 authorises you to:
• enter and search the place, vehicle or other thing, that you are authorised
to enter and search
• search any item or items found in that place, vehicle or thing (if
reasonable)
• use reasonable force in respect of any property for the purpose of carrying
out the search and lawful seizure
• seize anything that is the 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 other thing
• bring and use a trained law enforcement dog and its handler
• copy any document, or part of a document, that may be lawfully seized
• access a computer system or other data storage device
• copy intangible material e.g. computer data
• take photographs, sound and video recordings and drawings

Question 18

Section 116

Answer 18

You can secure a place, vehicle or other thing to be searched and exclude any person from there.

Question 19

Section 118

Answer 19

You can detain people when searching places and vehicles for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search.

Question 20

Section 119

Answer 20

Section 119
• You can search people found when searching places and vehicles if you
have RGTB that evidential material that is the object of the search is on
that person or
• if you have RGTS that 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.

Question 21

Section 120

Answer 21

f you are in fresh pursuit, and with RGTB that relevant evidential material is still on the person, you have the power to enter any place to apprehend the person and search the person or vehicle.