Seacrh and Surveillance Act 2012

Question 1

What is the difference between reasonable ground to believe and reasonable grounds to suspect?

Answer 1

Believe - Actually exists

Suspect - Likely to exist

Question 2

What must you do for a search to be lawful?

Answer 2

Exercise warrantless power
Execute a warrant
Conduct with the persons consent

Question 3

What is inevitable discovery?

Answer 3

If evidence obtained was a breach of NZBORA but it would have been obtained even if breach had not occurred. This factor would be taken into account to determine if evidence is admissible.

Question 4

What do all of the search powers outline have in relation to S110 SASA 2012?

Answer 4

Associated power to seize anything that is subject of the search or anything else hat may be lawfully seized.

A number of associated general powers that can be used when exercising a particular search power.

Question 5

What is S7 SASA 2012?

Answer 5

Entry to search and effect arrest.

If you have RGTB person U/L at large and believe person in place or vehicle you may enter place or vehicle without warrant to search for and arrest the person.

Question 6

What is defined as U/L at large?

Answer 6

Arrest warrant
Escaped from prison
Escaped lawful custody
Special or restricted patient absconding
Care or special care recipient (IHC) absconding
CYP absconding from custody

Question 7

What is S8 SASA 2012?

Answer 7

Entry to avoid loss of offender of EM

RGTS person of commuting offence punishable by imprisonment and for which they may be arrested and
Believe that person in place or vehicle and
Believe that if entry is not effect immediately either CADD or avoid arrest or both
You may enter place or vehicle without warrant and search for and arrest the person you suspect committed offence.

Note: you may not search for EM unless arrest made first.

Question 8

What is S14 SASA 2012?

Answer 8

Emergency Powers
RGTS in relation to place or vehicle offence is being or us about to be committed that is likely to cause injury to any person or serious loss or damage to any property or
There is a risk to the life or safety of person requiring emergency response.
You may enter the place or vehicle without warrant and take any action you have RGTB necessary to prevent offending or avert the emergency.

Question 9

What’s is S15 SASA 2012?

Answer 9

Entry and search of places for EM

RGTS offence punishable by 14 years or more has been, is being or is about to be committed and believe that EM relating to that offence is in a place and if entry is delayed to obtain search warrant EM will be CADD.
You may enter and search without warrant.

Question 10

What is significant about S15 SASA 2012 (entry and search for EM)?

Answer 10

It’s about urgency. Once that urgency has passed a warrant should be obtained.
To mining will depend on the circumstances.

It may be appropriate to have to resort to S117 to enable you to obtain warrant rather than exercise warrantless power.

Question 11

What is S16 SASA 2012?

Answer 11

Searching people in public place for EM

RGTB person in public place is in possession of EM relating to an offence punishable by 14 years or more
You mat search that person without warrant

Question 12

What is S17 SASA 2012?

Answer 12

Entry and search of vehicle in public place for EM

RGTB EM relating to offence punishable by 14 years or more is in or on vehicle in public place
You may enter and search vehicle without warrant.

Question 13

What should you do if a vehicle is parked in a place other than a public place and you want to search it for EM?

Answer 13

You can use S15 SASA 2012 if it is applicable in circumstance

Question 14

What is S18 SASA 2012?

Answer 14

Warrantless search for firearms in place or vehicles

RGTS arms in place or vehicle and suspect offence has been, is being or is about to be committed or
EM material relating to that offence in place or vehicle
You may without warrant enter the place or vehicle, search it and seize and detain any arms or license under AA 1983 found therein.

Question 15

What is S28 SASA 2012?

Answer 15

Search of vehicles for offensive weapons

RGTS person travelling in vehicle is commuting an offence against section 202A CA 1961 and vehicle contains a knife, offensive weapon or disabling substance
You may without warrant search that vehicle.

Question 16

What is S29 SASA 2012?

Answer 16

Searching vehicles for stolen property

If vehicle is in public place and you have RGTB stolen property is in or on vehicle
You may search the vehicle without warrant

Note: if on private property you should seek warrant or use alternative warrantless search power

Question 17

What is S83 SASA 2012?

Answer 17

Entry and search of places and vehicle incidental to arrest.

RGTB EM relating to the offence is at a place or in vehicle and if entry is delayed to obtain warrant CADD
You may enter the place or vehicle to search for EM (whether or not person was arrested there) without warrant.

Question 18

For what purpose may you ask a person to undergo a consent search S92 SASA 2012?

Answer 18

To prevent the commission of an offence
Protect life or property or injury or harm
Investigate whether an offence has been committed
Any purpose in respect or which you could exercise a power of search conferred by an enactment, if you held a particular belief or suspicion specified in the enactment

You must advise person on Te reason for proposed search and that they may refuse to consent to the search (S93 SASA 2012).

Question 19

When is a consent search unlawful under S94 SASA 2012?

Answer 19

If it’s not for a purpose set out in section 92

If you fail to give required advice set out in section 93

You undertake search relying on consent by person who does not have authority under section

Question 20

What are the restrictions of giving consent under S95 SASA 2012?

Answer 20

Under 14 years cannot consent to search of place or vehicle or other thing. Unless they are found driving a vehicle and there is no passenger of or over age of 14 with authority to consent to search of vehicle.

Does not limit them from consenting to a search of themselves or anything in their immediate possession or control

Question 21

What is S117 SASA 2012?

Answer 21

Power to secure scene while application for search warrant pending.

Any time reasonable in circumstances enter and secure place, vehicle or other thing and
Secure items found there and
Direct any person to assist with the entry and securing of the place, vehicle or other thing, or the securing of items in it
If you have RGTB EM may be CADD or removed before decision is made to grant search warrant.

May only exercise this power until the first of the following occurs:
Expiry of 6 hours
Warrant is available for execution
Application for search warrant refused

Question 22

What is outlined in powers of detention incidental to searches of places and vehicle S118 SASA 2012?

Answer 22

If you are exercising search power in relation to vehicle or places you mag detain any person to determine their connection if the person:
Was there at start of search
Arrived at the place, stops at, enters, or tries to enter while search being carried out

Reasonable force may be used to effect and continue the detention.

Question 23

What is S119 SASA 2012?

Answer 23

Powers to search person at a place or vehicle

Search any person found at the place, in or on a vehicle or
Who arrives at the place
Or who stops at, or enters or tries to enter vehicle
If you have RGTB that person has EM material or suspect that they are in possession of a dangerous item that poses a threat to safety and you believe immediate action needed

Question 24

What must you do if you seize items from a search under S133 SASA 2012?

Answer 24

Must advise ASAP no later than 7 days and provide an exhibit inventory

Question 25

What is S11 SASA 2012?

Answer 25

This is search power of people who are, or are to be locked up in Police custody.

For personal property or items that may be used to harm themselves or others.

Question 26

What is S85 SASA 2012?

Answer 26

Rub down search for arrested or detained person.

Search for anything to harm themselves or others or facilitate their escape.

Question 27

What is S88 SASA 2012?

Answer 27

Arrested or detained person
You may search if RGTB carrying something to harm themselves or other or to facilitate their escape or EM material relation to offence for which they were arrested or detained.

Rub down or strip search may be used.

Can seize samples from persons external body under this section however, it must be in circumstances reasonable and approved by Sgt.