Search and Surveillance Flashcards
What is the purpose of the S and S Act?
To facilitate the monitoring of compliance with the law and the investigation and prosecution of offences in a manner that is consistent with human rights values by:
- moderning the law of search, seizure and surveillance to take into account advances in technologies and to regulate the use of those technologies.
- providing rules that recognise the importance of the rights and entitlements affirmed in other enactments.
- ensuring investigative tools are effective and adequate for law enforcement needs.
In order to comply with the act, (to meet objectives and obligations when carrying out entries, searches, etc.) Police will:
(SCOPE)
Satisfy requirements detailed in the act
Conduct Risk assessments when planning the exercise of those powers and take action to mitigate risks to protect the safety of the public and employees carrying out the Act’s powers.
Only seize what police are lawfully entitled to seize
Provide appropriate announcements and identification in the exercise of those powers.
Ensure it has a lawful authority to conduct such activities and exercise any other incidental power in relation to those activities, including the use of force.
Reasonable Grounds to Suspect
Means having a sound basis for suspecting that a situation or circumstance exists.
Reasonable Grounds to Believe
Means having a sound basis for believing that a situation or circumstance exists.
What are reasonable grounds?
Your reasons for holding belief or suspicion
Reasonable Grounds
You must -
You may be required to -
You must:
- record your reasonable grounds for using a search power in your notebook. This is your decision log.
You may be required to:
- report on your decision to use a power and your grounds for using it.
- justify your use of power in court or in other formal proceedings.
What is a lawful search under the act?
- with a search warrant
- under a warrantless search power
- with the person’s consent
What is a reasonable search under the act?
- Complies with Section 21 of the New Zealand Bill of Rights Act and consider factors such as:
- The nature of the search
- How intrusive the search is
- Where and when the search takes place
When should you apply for a search warrant, if there is a warrantless power available?
If it is at all practicable to do so
What should you base your decision on when deciding against applying for a search warrant
RGTB it is not practicable to apply for one in the circumstances
What are some questions to help you consider if it is practicable to apply for a Search Warrant?
Is there time to gain approval and apply for a SW?
Can the scene be secured? (under section 117)
Is the evidential material at risk?
Are reasonable resources (including number of staff) available to minimise risk and ensure safety?
Location of the search and who may be present.
Why use a Search Warrant?
(PER)
Provides greater protection for Police and the Public
Ensures Judicial Oversight
Requires recording and reporting of results
What must you determine before conducting a search by consent?
The search is for…
Preventing the commission of an offence
Preventing injury or harm
Protecting life or property
Investigating whether an offence has been committed
Section 92 - one or more of these situations MUST exist to justify any consent search.
What must you advise a person prior to a consent search?
The reason for the proposed search
They may consent or refuse to consent to the search
Who cannot consent to a search of a place vehicle or other thing (unless driving without passengers)
A person under 14 years old
When must you report a consent search?
Never
Define Tangible
According to the Oxford Dictionary, tangible means something that may be touched
Define Intangible
According to the Oxford Dictionary, intangible means ‘unable to be touched ; not having physical presence’
What is CADD and an example for each.
Concealed - Burying or hiding.
Altered - changing or removing serial numbers from stolen property in an attempt to disguise it.
Damaged - Cutting out the firewall of a stolen car to remove identifying feature.
Destroyed - Consuming food, alcohol or drugs, burning clothing.
What are your obligations under section 131 when searching a place, vehicle or other thing
Identification, Intention, Reason, Notice
When do you not have to comply with obligations ‘identification’ ‘intention’ and ‘notice’ on initial entry?
If you have RGTB no one is present OR You have RGTB that doing so would: - endanger a persons safety - prejudice the successful use of the entry and search power - prejudice ongoing investigations
When can you use reasonable force to enter when using a SW or WS?
If the person refuses entry or does not allow entry within a reasonable time following request.
If you have RGTB no one is lawfully present.
What must you leave if no one is present when searching?
Copy of SW or POL1275
Inventory of any material seized
(ASAP after search - MUST be within 7 days of completion of search)
What does Section 116 allow you to do?
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 a person impeding your search.