S & S Flashcards
What is reasonable grounds to believe?
Sound basis for believing that a situation or circumstance actually exists
What is reasonable grounds to suspect?
Having a sound basis for suspecting that a situation or circumstance is likely to exist
What is evidential material?
Evidence of an offence or any other item, tangible or intangible, of relevance to the investigation of the offence
What is the search hierarchy?
1 - Warrant (Fairly ironclad, lotsa work)
2 - Warrantless search (Liable to be challenged, much less work)
3 - Consent search (LOL, your fucked and just on a fishing trip)
When you you create a decision record?
To record your reasonable grounds to suspect or believe that were known when you used a warrantless power.
What must you tell the owner/occupier/person in charge of a place, vehicle or thing being searched?
- The authority you have for searching
- Who is searching
- The reason why you are searching
(Use RAIN to cover these obligations)
How much force can you use against property during a search?
The force used must be reasonable in the circumstances (If its a homicide, go for broke. If its for a stolen tv not so much)
What are the two safeguards from criticism when conducting search/seizure?
Search/seizure should be witnessed and all seized property must be documented.
What is inevitable discovery?
If evidence was obtained in breach of the Bill of Rights Act 1990 and would have been obtained had the breach not occurred it may still be admitted subject to the balancing test in s30 of the Evidence Act 2006. This does not mean will be admissible as a matter of course
If you could equally use a warrant or a warrantless search why must you always go with the warrant?
The use of the warrantless power may be deemed unreasonable and anything you subsequently find deemed inadmissible
Can something be unlawful but still reasonable?
Yep!
What are the searches of a person?
s11 - in custody or about to be locked up
s16 - found in a public place for evidential material
s18 - for arms
s21, 22 and 23 - in relation to drug offences
s27 - for knives, offensive weapons and disabling substances
s85 & s88 - post arrest and detention
Under s110 what are the incidential powers that go with searching places, vehicles and things?
- You can seize anything that is the subject of the search or anything else that may lawfully be seized
When can you enter and search a place or vehicle for a person unlawfully at large? (s7)
- You SUSPECT they are unlawfully at large AND
- You BELIEVE they are in a place or vehicle
What is unlawfully at large?
Basically they are supposed to be detained at a place (eg prisoner, sectioned patient, 1J subject to supervision with residence condition and someone with a warrant (excludes fines warrant))
When can you enter and search a place or vehicle to avoid loss of offender or evidential material? (s8)
- SUSPECT person has committed an imprisonable offence and can be arrested without warrant AND
- BELIEVE they are in a place or vehicle AND
- the person will leave to avoid arrest and/or evidential material relating to the offence the person may be arrested for will be CADD
When can you invoke s14?
If you have reasonable grounds to SUSPECT
- An offence is being or is about to be committed that would likely cause injury to any person or serious damage to any property OR
- There is a risk to the life or safety of any person
You can enter and take ANY action you believe is reasonably necessary to prevent harm
What needs to be satisfied before you can invoke s15 (Entry and search of place for evidential material of a serious offence)
- Suspect an offence of 14yrs plus is, has or will occur AND
- Believe evidential material is there AND
- If entry is delayed to get a warrant the evidential material will be CADD
What needs to be satisfied before you can invoke s16 and s17 (Search of person and vehicle respectively for evidential material of a serious offence)
Believe there is evidential material of a 14yr plus offence AND the person or vehicle is in a public place
If vehicle is on private property use s15
When can you enter and search a place or vehicle for arms under s18?
If you SUSPECT an offence against the Arms Act or a category 3 or 4 offence has, is or will occur. You may seize and detain any arms or license under the Arms Act
Who do you need approval for an arms search?
Sergeant or above unless impractical in the circumstances due to the inherent risk arms searches pose.
When can you conduct a s28 search of a vehicle for an offensive weapon?
If you have reasonable grounds to suspect that
- A person travelling in, or alighted from, that vehicle is committing an offence in a public place against s202A Crimes Act 1961 AND
- The vehicle contains a knife, offensive weapon or disabling substance
When can you use s29 to search a vehicle for stolen property?
If you have reasonable grounds to believe that any stolen property in in that vehicle. (Intent is for public place, if on private place use a warrant or other power)
Under s83 (post arrest entry and search of place) when can you enter and search a place?
If you arrest someone AND
- Believe that evidential material relating to the offence is at a place AND
- If delay for a warrant that material will be CADD
(This applies even if the person wasn’t arrested at that place)
Under s84 (post arrest entry and search of vehicle) when can you enter and search a vehicle?
If you arrest someone AND
- Believe that evidential material relating to the offence is in that vehicle
What actions should you take, start to finish, when exercising warrantless powers?
1 - Obtain approval from sergeant or above when applicable (eg arms search
2 - Provide written notice to the person present via POL1275 and list of items seized. If no person present leave documentation in prominent place
3 - Make record (ie decision log) in notebook of search justification
4 - Complete notification via equip
5 - Complete all applicable notifications via bully board
What is the youngest a person can be for a consent search?
- Under 14s cannot consent to a search of a place or vehicle (unless they are driving a vehicle and there is no passenger 14 or over to consent to a search of the vehicle). They can consent to a search of themselves or anything in their immediate possession
What needs to be satisfied before you conduct a consent search?
- You must have a reason to justify your consent search AND
- You must advise the person of that reason and that they can refuse consent or withdraw it at any time.
When does a consent search not apply?
- When a search is conducted as a condition of entry to a public or private place
- Entry to property under implied license
Under s92 what purposes may you use to justify a consent search?
- To prevent commission of an offence
- To protect life or property or to prevent harm or injury
- To investigate whether an offence has been committed
What advice must you give before a consent search?
- Reason for search
- May refuse the search or withdraw consent at any time
When is a consent search unlawful?
- It was conducted for a purpose other than the reasons set out in s92
- You fail to give required advice prior to search
- You undertake a consent search relying on consent from someone who does not have authority to consent
What is implied license?
Anyone can go to the door of a private premises for any reasonable purpose
If a person withdraws their consent for a consent search what must you do?
Stop immediately unless you can invoke a warrantless power (this should only be possible if you discover something during the consent search)
Who can you request assistance from when invoking a search power?
Any person eg locksmith, iwi member
Can you take photographs and recordings during a search?
Yes IF you believe they may be relevant to the purposes of the entry and search
If you use an assistant (non sworn) during a search what must you do?
- Accompany them when they first make entry AND
- Provide reasonable supervision of them
What powers does a non sworn assistant have during a search?
All the ones you have but you must direct them
If a search warrant is pending and you believe that evidential material may be CADD before it is granted or refused what may you do?
- Enter and secure the place or vehicle AND
- Secure any items found there
For up to six hours or until warrant is either granted or refused
Who do you have power to detain whilst exercising a search power?
- Any person there at the start of the search
- Any person that arrives at the place or stops at, enters or tries to enter the vehicle while the search is being carried out.
You may detain them to determine whether there is a connection between them and the object of the search
How long can you detain someone while a place or vehicle is being searched?
- For a reasonable period but no longer than the search
- It starts when you direct them to remain and ends when you tell them they are free to go
As soon as they are detained you must make active steps to determine any connection
When can you search a person detained for a search of place or vehicle?
- If you believe they have evidential material that is the object of the search OR
- Suspect the person is in possession of a dangerous item and believe that immediate action is required to address the threat
What happens if a person or vehicle you intend to search leaves before you can start or complete the search?
You may apprehend the person or enter any place to apprehend the person or vehicle if you have freshly pursued them from the intended search location and have reasonable grounds to believe that relevant evidential material is still on them or in the vehicle
(Only the pursuing officer or his assistant can affect the apprehension and search)
If a search warrant authorizes the search and entry of a vehicle what power comes with that?
You may enter any place where you have reasonable grounds to believe that the vehicle is to locate and search it
What must you do before initial entry of a place or vehicle?
RAIN
You must also provide copy of Warrant
When can you dispense with the requirements for announcing entry?
You believe that
- No person is lawfully present
- Compliance would endanger the safety of any person or prejudice the success of the search or prejudice ongoing investigations
When can you exclude someone from the scene of a search?
If you have reasonable grounds to believe that hey will obstruct or hinder you
Is a detective wearing a srba “in uniform?”
No they must provide identification
When can you make forced entry?
- After doorknocking and admission is denied or unreasonably delayed
- Unannounced forced entry for exceptional circs such as saving a person from death or injury, preventing destruction of evidence entering in hot pursuit of offender
Can a vehicle be searched as part of a Warrant at a place?
If it is on the premises. If on the street it must be named on the warrant
When can you seize an item of uncertain status?
When you are unsure if it may lawfully be seized and you cannot determine that at the scene eg take white powder for analysis.
What document must you give an occupier or person lawfully in charge of a vehicle before or on initial entry of place or vehicle?
- Copy of warrant OR
- POL1275 for warrantless search
If that person is not present leave the documentation in a prominent place in the place or vehicle
When is the latest you can provide a list of items seized to the owner or occupier?
7 days but must be done as soon as practical
What do you do if you don’t want the owner to see who the items were seized from on the 268?
1 - Delete the info with a marker
2 - Apply to a judge for postponement of notice within 7 days
When can you stop a vehicle for the purpose of a search under s121?
- There is a warrant to search the vehicle
- You believe you have grounds for a warrantless search of the vehicle
Can you move a vehicle to another place?
Yes if you have authority to search the vehicle but it is impracticable to do so at that place or you have reasonable grounds to believe it is necessary to move the vehicle for safekeeping
When do you have to RAIN the driver of a vehicle you stopped for the purpose of a search?
Immediately after stopping the vehicle
When can you stop a vehicle under s9 to affect arrest?
You suspect a person is unlawfully at large or has committed an offence punishable by imprisonment
and
Believe that they are in the vehicle
Once you have stopped a vehicle under s9 to affect arrest what powers do you have?
- Demand details of any occupant you suspect is unlawfully at large
- Search the vehicle for the person you are after
- Search the vehicle to locate any evidential material if the person is arrested or seen fleeing from the vehicle
Who can order a roadblock?
Sergeant or above (Even acting..)
When can a roadblock be authorized?
Reasonable grounds to believe that
- In a vehicle a person you suspect is unlawfully at large or has committed an imprisonable offence AND
- Suspect the vehicle will travel past the place of proposed roadblock
You must be satisfied that the safety of all road users will be established
How long may a road block remain in place?
24 hours initially but may be renewed for another 24 hour period by a district court judge in writing
What powers do you have at a road block?
- Stop vehicles at roadblock
- Required any person to provide details if you have reasonable grounds to suspect they have committed an imprisonable offence or are unlawfully at large
- Search the vehicle if you have reasonable grounds to believe the person is in the vehicle
How long can you require a vehicle to remain stopped at a road block?
As long as reasonably necessary to enable you to exercise your powers
Why must you assess community impact prior to establishing a roadblock?
They can be very intimidating, especially if officers are armed Community Impact Assessment should be done in writing unless impractical in the circumstances
What are the three types of person searches?
- Rub down
- Strip search
- Internal search
When can you search a person who has already been locked up IE s11 search prior to being placed in cell has been completed?
- They been in close proximity to someone who was not locked up
- There are reasonable grounds to believe the person is in possession of anything that may be used to harm themselves or others
Can you seize samples from someones person for the purpose of taking their DNA?
No
What are examples of samples that may be seized from a persons external body?
- Penile swap in a rape
- Gunshot residue test
- Swab to remove victims blood off skin
- Fingernail scrapings
Who can approve the seizing of samples from a persons external body?
Sergeant or above
What are the two post arrest search powers s85 and s88?
s85 - Rubdown for any item used to harm any person or facilitate escape
s88 - Post arrest search for evidential material if you believe they have it on them.
