S & S 2012 Flashcards
Define RGTB.
Having sound basis for BELIEVING a situation or circumstances ACTUALLY exist. (You’d be surprised if it wasn’t so).
Define RGTS.
Having a sound basis for SUSPECTING a situation or circumstances is/are LIKELY to exist.
Explain Unlawfully at Large (UAL). (5)
Relates to a person who;
+ has an arrest warrant (2W) excluding fines 2T
+ a ‘prison breaker’ escaped lawful custody
- includes Police cells or vehicle (escapee)
+ special or restricted patient MHA 1992
+ special care recipient (Intellectual Disability)
+ CYP under s 311 - absconding from Chief Exec.
List the elements of the ‘Search Hierarchy’.
1) Warrant search
2) Warrantless search power
3) Consent search
What is ‘Inevitable Discovery’?
IF evidence obtained as a result of a breach of NZ BOR would have been located anyway (even if there was no breach). Subject to s30 Evidence Act ‘balancing test’
What is s7 of the S&S 2012?
Entry to arrest a person who is UAL or has committed an imprisonable offence. RGTB in / on vehicle / place
What is s8 of the S&S 2012?
Entry to avoid loss of offender or Evidential Material (EM).
RGTB offender will leave to avoid arrest or EM will be CADD.
What is s14 of the S&S 2012?
Entry to prevent an offence or respond to risk of life and safety.
Under s14 S&S, does an offence have to be occurring?
+ is being OR
+ is about to be committed
Under s14 S&S, what offences qualify for entry?
An offence that would likely cause;
+ injury to ANY person, OR
+ serious loss or damage to any property
What is s15 of the S&S 2012?
Entry and Search of a Place to find AND avoid loss of EM.
+ RGTS an offence with 14 years prison,
+ has been, is being, or is about to be committed
+ RGTB EM in place and CADD may occur
What is s16 of the S&S 2012?
Searching a person in a Public Place
IF …
+ RGTB person has EM relating to offence (14 years prison).
What is s17 of the S&S 2012?
Entry and search a vehicle in a public place
IF …
+ RGTB EM is in or on the vehicle
+ relates to offence with 14 years prison
What is s18 of the S&S 2012?
Entry and search of place or vehicle to search and seize any firearm/s and/or firearms licence
IF…
+ RGTS an offence has, is, or is about to be committed.
What is s28 of the S&S 2012?
Entry and search of a vehicle where a person is committing an offence in a Public place - OFFENSIVE WEAPONS / DISABLING SUBSTANCE
Define Disabling Substance?
Any anaesthetising or other substance produced to use for disabling a person or intended for such use.
Define Offensive Weapon?
Any article made or altered to use for causing bodily injury or intended for such use.
What is s29 of the S&S 2012?
Entry and search of a vehicle to look for stolen property
IF…
+ RGTB any stolen property is in or on the vehicle.
+ (intended for public place)
What is s83 of the S&S 2012?
Entry and search of a property AFTER arrest
IF …
+ RGTB EM is at the place AND
+ RGTB EM will be CADD if delay (including warrant)
What is s84 of the S&S 2012?
Entry and search a vehicle AFTER arrest
IF…
+ RGTB EM relating to an offence the person was arrested is in or on the vehicle.
Can a consent search be used as a ‘fishing expedition’?
NO, you must have a reason to justify asking the person to a consent search.
What MUST you inform a person before commencing a consent search?
You MUST advise the person the reason for the search and that they can REFUSE consent or WITHDRAW at any time.
Who can consent to a ‘consent search’?
People 14+ can consent to a consent search.
When can a person under 14 years consent to a consent search?
When the person is found driving a vehicle and there is no passenger 14 years or older with authority to consent.
List 4 reasons a consent search may be undertaken. s92.
+ to prevent an offence
+ to protect life or property or prevent injury or harm
+ to investigate if an offence has occurred
+ any purpose where a power of search could be used
When is a consent search unlawful?
A consent search is unlawful IF…
+ it is not for a purpose set out in s92 (4 reasons)
+ you FAIL to give required advice - refuse, withdraw
+ a search is undertaken where the person does not have the ‘authority’ to give consent.
What is implied licence?
Implied Licence is where members of the public (and Police) can enter a private place to…
+ make an inquiry of the occupier
+ for any REASONABLE purpose
+ for any lawful enquiry
For how long can you secure a scene in order to get a warrant application to search?
+ the expiry of 6 hours from when first involved OR
+ the warrant is available
+ the warrant is refused
What is R.A.N?
Reason for Search
Act - S&S 2012
Name of Constable
UNLESS impractical
What is R.A.I.N?
Reason Act Intention to enter Name of Constable UNLESS impractical
What are exceptions to announcing entry to a place or vehicle?
If you have RGTB …
+ no person is lawfully present
+ it would endanger the safety of any person
+ prejudice the successful exercise of entry and search
+ prejudice on-going situations
If a person affected by the search requests to know what is happening, and why, what MUST you do?
RAN UNLESS impractical.
If searching a place or vehicle and a person arrives, when can you search them?
If you have RGTB the person either,
+ has EM subject of the search on them OR
+ they are in possession of a ‘dangerous item’.
What MUST be given to a lawful occupier who is present when a warrant and search is conducted?
+ Copy of the warrant OR
+ IF warrantless - notice to the person present - POL1275
What MUST happen when searches are completed and the lawful occupier is not present?
+ Copy of the warrant OR
+ IF warrantless - notice
in a prominent place
IF search results in seizure of property, when must you provide an itinerary?
No later than 7 days after the seizure. INCLUDES \+ Warrant \+ Itinerary - POL268's \+ notice to persons - POL1275
