S & S ACT 2012 Flashcards
Privileged material
Privileged material
Sections 136 - 147
Privilege allows the holder of particular information to refuse to disclose this information. No privilege applies if info is for dishonest purposes or to aid a person to commit an offence. Recognised privileged material includes material gained through communication with:
Legal advisors. Ministers of religion. Clinical psychologist. Informers ( informants). Journalist.
CADD
Concealed. Buy 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. Damaged by cutting out the firewall of a stolen car to remove an identifying feature. Destroyed by consuming food, alcohol or drugs, burning clothing.
Evidential material tangible and intangible
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. Section 97 of S&S ACT provides examples of intangible things, EG an email address or access information to an Internet data storage facility.
RGTB
Reasonable grounds to believe means having a sound basis for believing that a situation or circumstance exist. Example you enter and search a house or vehicle or search a person because you believe that a person will find the evidential material you are looking for.
RGTS
Reasonable grounds to suspect means having a sound basis for suspecting that a situation or circumstance exists. Example you enter a house or Vehicle because you suspect an offence has been, is being, or is about to be committed there.
Lawful and reasonable
Under the search and surveillance act a lawful search is a search that is conducted with a warrant or under a warrantless search, or with the person’s consent. Under the search and surveillance act a reasonable search is a search that complies with section 21 of New Zealand Bill of Rights Act 1990 and considers factors such as the nature of the search how intrusive the search is, where and when the search takes place.
Surveillance risk assessment
Any surveillance work with or without warrant is inherently risky. These risk must be
- identified
- assessed
- considered in planning before surveillance is executed. Apply t e n r to assess
- threat
- exposure
- necessity
- response (measures to reduce risk) .
Section 46(e)
A visual surveillance device may be lawfully used without warrant together evidential material for a serious offence if it’s usage does not exceed the established time limits:
- 3 hours in any total 24 hour period; or
- 8 hours in total
A surveillance device warrant is required if the time limits are exceeded.
Section 46(d)
Use of a surveillance device that involves trespass to land or trespass to goods.
A surveillance device warrant is required.
Section 46(c)
Observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device.
A surveillance device warrant is required.
Section 46(b)
Use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods.
A surveillance device warrant is required.
Section 46(a)
Use of an interception device to intercept a private communication.
A surveillance device warrant is required.
Production order
Section 74 of the search and surveillance Act 2012.
Section 169
Reporting
Section 110
Powers incidental to search.
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 it’s 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 example computer data
- take photos, sound and video recordings and drawings
A w o c a
Ask greet the person and identify yourself ask the person to comply with your search.
Why give the reasons for your actions intention to search under search and surveillance Act 2012 based on belief or Suspicion.
Options present options allow search or be arrested for obstruction.
Confirm that the person understands.
Action take action arrest for obstruction.
No one at the place where the search is to be conducted
If the occupier of the place or the person in charge of the vehicle is not there when you search, you must leave a copy of the search warrant or a pol 1275 search notice to occupier and an inventory of any material seized pol 268. This must be as soon as possible after the search and must be provided within 7 days of completion of the search.
Section 112
Items of uncertain status may be seized.
Section 123
Seizure of items in plain view.
Section 122
Moving vehicles for search or safekeeping.
Section 121
Stopping vehicles for search 1 without warrant 2 with warrant 3 give reason for search give the enactment of the ACT if not in uniform produce police identification state your name qid Police Station no need to give rain if impracticable.
Section 119
You can search people found when searching places and vehicles if you have reasonable grounds to believe that evidential material that is the object of the search is on that person (119(1))
or if you have reasonable grounds to suspect 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. (119 (2)(a) and (b)).
Section 118
Powers of detention incidental to search of places or vehicles.
(118(4)) if a detained person tries to leave you can use reasonable force to keep them detained.
(118(1)) detain a person who arrives to the place or vehicle to determine if there is a connection between them and the object of your search.
Section 116
Securing a place, vehicle, or other thing to be searched and excluding any person from there.
(116(1)(b)) exclude that person from the search scene if you have reasonable grounds to believe the person will obstruct or hinder your powers.
Section 117
Enter and secure a place, vehicle or other thing, and secure any item found there, and direct any person to assist with entry in securing the place or vehicle or securing items in it. It is not a search power. You can do the above if you have reasonable grounds to believe that evidential material may be concealed altered damaged destroyed or removed before the search warrant can be issued. Secure address secure warrant pending.