Search Flashcards
RGTS means
… having a sound basis for suspecting that a situation or circumstance exists
RGTB means
Having a sound basis for believing that a situation or circumstance exists
Once you have have formed RGTS or RGTB you must
-record your reasonable grounds in you notebook = decision log
May be required to
-report on your decisions to use a power and your grounds for using it
-justify your use in court or other formal proceedings
Under S and S act a lawful search is conducted
- with a search warrant
- under a warrantless power
- with the persons consent
Under S and A Act a reasonable search is search that…
- Complies with S21 of NZ Bill of Rights Act and considers factors
- nature of the search
- how intrusive the search is
- where and when the search takes place
Search warrant preference
What is practical in the circumstances? What should you consider?
- Is there time to gain approval for a SW
- Can the scene be secured
- Are there reasonable resources
- Is evidential material at risk
- Location of search and who may be present
Must have RGTB not practical to apply for a SW in the circumstances
Must record this in notebook
Why use a search warrant
- Ensures judicial oversight
- Provides greater protection for police and public
- Requires recording and reporting of results
Sections 91-96 cover consent searches. A consent search can only be conducted for four reasons:
- to prevent commisson of an offence
- to investigate whether an offence has been committed
- to protect life or property
- to prevent injury or harm
What must you advise someone before undertaking a consent search?
The reason for the proposed search
They may consent or refuse to consent to the search
Rules of consent searches
A person under 14 years old is unable to consent to the search of a place, vehicle or other thing, (unless they are found driving with no passenger off or over 14 years of age with authority to consent to the vehicle search)
Consent searches do not require reporting
Evidential material must be tangible or intangible. Define the terms
Tangible
Something that may be touched
Intangible
Unable to be touched, not having a physical presence
Define CADD
Concealed
Altered
Damaged
Destroyed
What is the purpose of the act?
… to facilitate the monitoring of compliance with the law and the investigation and prosecution of offences in a manner consistent with human rights by…
- modernising law of search, seizure and surveillance to take into account advances in technologies and to regulate them
-providing rules that recognise the importance of rights and entitlements affirmed in other acts
- ensuring investigative tools are effective and adequate for law enforcement needs
Section 110
When searching a place vehicle or other thing with or without warrant section 110 authorises you too
Enter and search
Search any item
Use reasonable force
Seize anything that is subject of search
Request assistance
Bring use any equipment
Bring and use a train law enforcement dog
Copy any document or part of a document
A computer system
Copy and material
Take photos and video recordings
Section 116
IF any person is impeding the search or you have reasonable grounds to believe that the person would obstruct or hinder use 116…
You can secure a place vehicle or other thing to be searched and exclude any person from there
You can give any reasonable direction to that person
Section 118
You can detain people when searching places and vehicles for the purpose of determining whether there is any connection between a person and the place or the object of the search
Section 119
You can search people found when searching places and vehicles if you haveRGTB the evidential material on that person
OR
have RGTS that person is in position of a dangerous item that poses a safety threat and a media action is needed
Section 120
If you are in fresh pursuit and have RGTB that evidential material is on the person you may enter the place to apprehend the person and search the person or vehicle
Privilege material includes material gained through communication with
Legal advisors
Ministers of religion
Medical practitioners
Clinical psychologists
Informers
Journalists
Privilege does not apply if it is for a dishonest purpose or to enable someone to commit offence
What are the set procedures for dealing with privilege material
Enjoy the person as present with the searches undertaken
Give the person a reasonable opportunity to claim privilege
The person must provide you with a list of the things they claim as privilege
You must provide an inventory of seized items
The person May make a copy of any document before you sees it
