S&S Module Flashcards
Section 7
Entry without warrant to arrest person unlawfully at large
A constable may enter a place or vehicle without warrant to search for and arrest a person if the constable:
(a) RGTS UAL,
AND
(b) RGTB the person is there
Powers: - May ENTER the place or vehicle, - and SEARCH the place or vehicle for the person for the purpose of arresting them.
Section 8
Entry without warrant to avoid loss of offender or evidential material
In the following circumstances
(a) RGTS imprisonable offence
AND
(b) RGTB they are there,
AND
(c) RGTB the following may occur:
(i) the person will leave to avoid arrest OR (ii) CADD will occur
Powers: - May ENTER the place or vehicle, - and SEARCH the place or vehicle for the person for the purpose of arresting them.
Note: Section 8 does not give you a power to search for ev. mat.
Section 9
Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences)
A constable may stop a vehicle without a warrant to arrest a person if the constable:
(a) RGTS UAL, OR
(ii) imprisonable offence
(b) RGTB the person is in or on the vehicle.
Powers: STOP the vehicle for the purpose of arresting that person
Section 10 Powers and duties of a constable after vehicle stopped
If you stop under S9 you can do this:
(a) REQUIRE any person who RGTS is unlawfully at large or has committed an offence punishable by imprisonment to supply details (name, DOB etc).
(b) SEARCH the vehicle to locate person if RGTB they are there.
If you arrest the person; or they are seen fleeing from the vehicle before he or she can be arrested, you can:
(c) SEARCH the vehicle to locate property that is ev. mat. in relation to offence in respect of which the vehicle was stopped under section 9,
Note: Before conducting a search under a power conferred by subsection (1)(c), a constable must tell the driver the object of the proposed search, if the driver is not the person referred to in section 9.
Section 15 Entry without warrant to find and avoid loss of evidential material relating to certain (14 years or more) offences
A constable may enter and search a place without a warrant if he or she has —
(a) RGTS offence 14+ years or more has been committed/being committed/about to be committed, AND
(b)RGTB— (i)that ev. mat. relating to the offence is in that place, AND
(ii)RGTB, if entry is delayed = CADD
Section 16 Searching people in public place without warrant for evidential material relating to certain (14 years or more) offences
You may SEARCH a person in a P.P. if RGTB they have ev. mat. from a 14+ yr offence.
Section 17 Warrantless entry and search of vehicle for evidential material relating to certain (14 years or more) offences
ENTER and SEARCH a vehicle in a P.P. if RGTB ev. mat. in the vehicle from a 14+ year offence.
Section 18 Warrantless searches associated with arms
18(1) If RGTS 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following:
(a) SEARCH the person. (b) SEARCH any thing in the person’s possession or under his or her control (including a vehicle). (c) ENTER a place or vehicle to carry out any activity under paragraph (a) or (b): (d) SEIZE and detain any arms found: (e) SEIZE and detain any licence under the Arms Act 1983 that is found.
18(2) The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, AND:
(a) he or she is in breach of the Arms Act 1983, OR (b) he or she, by reason of his or her physical or mental condition (however caused),— (i) is incapable of having proper control of the arms, OR (ii)may kill or cause bodily injury to any person, OR (c) that, under the Domestic Violence Act 1995,— (i)a protection order or a police safety order is in force against the person, OR (ii)there are grounds to make an application against him or her for a protection order.
18(3) A constable may, without a warrant, ENTER a place or vehicle, SEARCH it, SEIZE any arms or any licence under the Arms Act 1983 found there, and DETAIN the arms or licence if he or she has RGTS that there are arms in the place or vehicle— (a) in respect of which a cat 3/4 offence, or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed, OR (b) that may be evidential material in relation to a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983.
Section 20 Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
If RGTB not practicable to obtain a warrant
And
RGTB there are drugs there (there are specifics but that probably won’t be tested).
AND RGTS MODA
AND RGTB CADD will occur
You can do this:
ENTER and SEARCH
Section 21 Warrantless searches of people found in or on places or vehicles
A constable conducting a search of a place or vehicle under section 20 may, without a warrant, SEARCH any person found in or on the place or vehicle.
Section 22 Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
If this is happening:
RGTB that the person is in possession of drugs
AND
RGTS MODA
You can do this:
SEARCH a person without a warrant.
Note - This is not a power of entry.
Section 27 Searching people in P.P. without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected
If in a P.P. and RGTS offence vs section 202A(4)(a) of the Crimes Act 1961
You may SEARCH the person.
Section 28 Stopping and searching VEHICLES without warrant if offence against section 202A of Crimes Act 1961 suspected
If you RGTS (for all of them):
a person travelling in a vehicle
OR
who scarpers from it
is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances),
AND
(b)the vehicle contains a knife, offensive weapon, or disabling substance.
You can do this:
SEARCH the vehicle.
Section 83 Entry without warrant after arrest
If you do or have done this:
Arrest a peron, AND (b) RGTB CADD will occur if you have to get a warrant
You can do this:
ENTER w/o warrant to SEARCH for ev. mat. about the offence WHETHER OR NOT THE PERSON WAS ARRESTED THERE.
You can also search vehicles where you are searching.
Section 84 Warrantless entry and search of vehicle in a P.P. after arrest
If you arrest someone and RGTB ev. mat. is in the vehicle …
You can search for the ev. mat.
Note: Section 84 is only intended to allow you to search a vehicle in a P.P.
Section 112 Items of uncertain status may be seized
If you are doing this:
Exercising a SEARCH power
and;
you are not sure whether any item found may lawfully be seized, and it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search takes place,
You can do this:
REMOVE the item for analysis to determine whether it may be lawfully seized.
Note: Items of uncertain status can be removed during a search of a place, vehicle, other thing or a person.
Section 117 Special powers where application for search warrant pending
If a SW decision is ABOUT TO BE MADE,
Someone that is present can do this:
- Enter and SECURE the place, vehicle, or other thing in respect of which authorisation to enter and search is being sought,
- Secure any item or items found at that place or in or on that vehicle or other thing,
- Direct any person to assist with the entry and securing
If RGTB CADD will occur before the SW is granted or refused
This is kosher until the first of the following:
- 6hrs expires
- The SW is granted
- The SW is refused
On request you have to give your S131 obligations and, because you are now in CIB, produce ID.
Section 121 Stopping vehicles with or without warrant for purposes of search
S121:
If you have a power of search (either with or without warrant)
You may stop a vehicle to conduct the search.
(1) W/O warrant - if you are happy you have the grounds
(2) With warrant - if you are satisfied the warrant has been issued and is in force.
(3) If you do this give your S131 obligations and also produce ID (if plainclothes).
Section 123 Seizure of items in plain view
123(1) This section applies to an enforcement officer who, as part of his or her duties,— (a) exercises a search power, OR (b) is LAWFULLY in any place or in or on a vehicle, OR (c) is conducting a LAWFUL search of a person.
123(2) An enforcement officer to whom this section applies may SEIZE any item or items that he or she, or any person assisting him or her, finds in the course of carrying out the search or as a result of observations at the place or in or on the vehicle, if the enforcement officer has reasonable grounds to believe that he or she could have seized the item or items under -
(a) any search warrant that could have been obtained by him or her under this act or any other enactment, OR
(b) any other search power exercisable by him or her under this Act or any other enactment.
(3) If an enforcement officer seizes any item or items under subsection (2), in circumstances where he or she is not already exercising a search power, the enforcement officer may exercise any applicable power conferred by section 110 in relation to the seizure of the item or items.
Section 45 Restrictions on some trespass surveillance and use of interception device
(1) Nothing in this subpart authorises any enforcement officer to UNDERTAKE trespass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence— (a) that is punishable by a term of imprisonment of 7 years or more, OR (b) against relevant sections of the Arms Act 1983, OR (c) against relevant sections of the Psychoactive Substances Act 2013. (2)Nothing in this subpart authorises any enforcement officer to USE an interception device except in order to obtain evidential material in relation to an offence— (a) that is punishable by a term of imprisonment of 7 years or more, OR (b) and (c) as above.
Section 46 Activities for which surveillance device warrant required
(1) Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant: (a) USE of an interception device to intercept a private communication: (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: (c) OBSERVATION of private activity in private premises, and any recording of that observation, by means of a visual surveillance device: (d) USE of a surveillance device that involves trespass to land or trespass to goods: (e) OBSERVATION of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds— (i) 3 hours in any 24-hour period; or (ii) 8 hours in total. (2)This section is subject to section 45.
Section 47 Some activities that do not require warrant under this subpart
(1) No warrant under this subpart is required by an enforcement officer for any 1 or more of the following activities: (a) The enforcement officer— (i) being lawfully in private premises, AND (ii) recording what he or she observes or hears there (provided that the enforcement officer records only those matters that he or she could see or hear without the use of a surveillance device) (b) Covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them. (c) Activities carried out under the authority of an interception warrant issued under— (i)section 4A(1) or (2), 4IB(1) or (2), or 4ID(1) of the New Zealand Security Intelligence Service Act 1969; or (ii)section 15A(1)(a) of the Government Communications Security Bureau Act 2003: (d) Activities carried out by the enforcement officer’s use of a surveillance device, if that use is authorised under any enactment other than this Act. (2)Subsection (1)(b) does not prevent an enforcement officer from applying for a warrant authorising covert audio recording in the circumstances set out in that subsection.
Regarding S123 of SSA, what must you be doing at time of considering whether to seize the item?
- Exercising a search power OR
- Lawfully in/on any place/vehicle OR
- conducting a lawful search of a person OR
- find any item in the course of carrying out a search or as a result of observations at the place/vehicle
You are executing a S/W for drugs. You see a $10k TV. You don’t believe the PRNs could afford this TV. Under S112 SSA could you remove the TV to make further enquiries as to whether it is stolen or not?
No because it is not relevant to the drugs warrant (your power of search).
Regarding S117 SSA, what is one of the key discussion points?
About to be made’ - Your decision to obtain a S/W has actually been made and the making of an application is imminent.
Regarding S117 SSA, what circumstances must exist in order for you to enter the vehicle or place to preserve evidence?
RGTB that evidence may be CADDd before a S/W is granted/refused
Would it be acceptable to invoke S117 before beginning to prepare the S/W application?
No as this would jump the gun in terms of the decision around the warrant being ‘about to be made’. (R v Neho)
You are at a S/W for drugs. You notice a handle of a gun poking out from underneath a set of drawers. Could you invoke S123 in order to then search underneath the drawers for more guns?
S123 relates to things that are ‘found’. ‘Hidden’ things can be seized incidental to your invoked search power. However you could then not use S123 to go searching for more guns underneath that drawer.
Regarding S8 SSA, what situations must exist in order to enter?
That CADD will occur
- That the offender will leave to avoid arrest
It is 2.00am. D/S Willymann calls you out to a 14+ year offence on Swansea Rd. You arrive and decide to invoke S15 SSA because JP Sandford is gets angry when he is rung at this time of night to sign a SW.
Would this be a justifiable reason for invoking S15?
No. Use of S15 rather than seeking a SW because of concern around the unreasonableness of the hour/reluctance to approach the aio would not be justifiable
It is 0700hrs. A 14+ year offence has occurred on Swansea Rd. A/S Asleep arrives at the scene after his morning coffee which had been delayed due to shift changeover. He finds the offender has returned to the address and is hurridly disposing of evidence.
He invokes S15 and enters to prevent CADD.
Would this be justified?
No. A delay caused by waiting for a shift change to occur would not justify the oncoming duty staff then using S15.
Would you be justified in using S15 to search a scene over several days?
No. Seek a warrant.
Regarding S20, what three conditions must exist for you to invoke this power?
- RGTB Impractical to obtain a warrant AND RGTB drugs in/on place/vehicle
- RGTS MODA
- CADD
What is unique about S20 SSA?
It is the only section that explicitly states that a w/o warrant search may be conducted if RGTB not practicable to obtain a SW
S22 SSA - once inside you can …
- Search a person if RTGB they have drugs on them
S45 SSA - what must you be doing and what powers do you have?
DOING - Obtaining ev. mat. in relation to 7+ year offences or A.A. offences
POWERS - Undertake trespass surveillance
- Use an interception device
S46 1 - 2 SSA - What can you do?
- USE - interception/tracking/surveillance device …
- TO - intercept private comms / observe private activity / use a SD that involves ttl and ttg / observe private curtlidge activity for 3 in 24 and 8 in total
