S&S

Question 1

Definition: Reasonable grounds to believe

Answer 1

Having a sound basis for believing that a situation or circumstance ACTUALLY exists eg. reasonable grounds to believe that the search will locate evidential material relating to that offence.

Question 2

Definition: Reasonable grounds to suspect

Answer 2

Having a sound basis for suspecting that a situation or circumstance is LIKELY to exist

There are “reasonable grounds to suspect” the relevant factual situation has occurred (such as a criminal offence)

Question 3

Search hierarchy

Answer 3

1- search warrant
2 - warrantless search
3- consent search

Question 4

Inevitable discovery

Answer 4

If evidence obtained as a result of a breach of NZBORA would have been obtained even if the breach had not occurred, the inevitably of discovery will be considered in determining its admissibility.

Question 5

Breaching the search hierarchy

Answer 5

If a search is conducted without a warrant despite having the opportunity to obtain one:

• the search may be deemed unreasonable
• any evidential material obtained as a result of the search may be deemed inadmissible.

Question 6

S.21 NZBORA

Answer 6

Search must be reasonable.