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Search and Surveillance > Search and Surveillance > Flashcards

Search and Surveillance Flashcards

1
Q

What s6?

A

Search warrant - Must suspect an offence has is or will and believe evidential material will be obtained based on the search warrant being issued for the place.

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2
Q

What is s7?

A

Person is unlawfully at large enter any address - RGTS unlawfully at large and reasonable grounds to believe in that place or vehicle.

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3
Q

Define access? **

A

In relation to any computer system, means instruct, communications with, store data in receive data from or otherwise make use of any of the resources of a computer system.

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4
Q

Define private communication? **

A

a) Means a communication (Whether in oral or written form, or in the form of telecommunications, or otherwise) made under any circumstances that may reasonably be taken to indicate that any party to the communication desires it to be be confined to the parties to the communication but
b) Does not include a communication of that kind occurring, in circumstances in which any party to the communication reasonably to expect that the communication may be intercepted by some other person without having express or implied consent of any party to do so.

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5
Q

Unlawfully at large?

A

1) Has an arrest warrant in force (excluding fines warrant)
2) Has escaped prison or is absent without leave.
3) Has escaped lawful custody eg cells or police car
4) Is a special patient or restricted

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6
Q

Define surveillance device? *

A

Means a device that is any 1 or more of the following kind of devices?

a) An inception device.
b) A tracking device
c) A visual surveillance device.

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7
Q

Trespass surveillance? **

A

Means surveillance that involves trespass to land or trespass to goods.

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8
Q

What is a unique identifier?

A

In relation to an enforcement officer, means an identifier, used to identify the officer, that is not his or her name and that

a) Is assigned to him or her by the law enforcement agency that employs or engages him or her for the purposes of its operations and
b) Uniquely identifies him or her in relation to the law enforcement agency.

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9
Q

Private premise?

A

Means a private dwelling-house, a mare, and any other premises that are not within the definition of a non private premises

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10
Q

Reasonable grounds to suspect?

A

Means having a sound basis for suspecting that a situation or circumstance is likely to exist.

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11
Q

Reasonable grounds to believe?

A

Means having a sound basis for believing that a situation or circumstance actually exists.

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12
Q

Computer system? **

A

means a computer or

  • two or more interconnected computers or
  • any communication links between computers or another device or
  • Two or more interconnected computers combined with an communication links between remote terminals or any other device.
  • and includes any part of the items described above and all related input, output, processing, storage, software or communications facilities and stored data.
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13
Q

Non private premises?

A

Means premise, or part of premises, to which members of the public are frequently permitted to have access, and includes any part of hospital, bus station, railway station, airport or shop.

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14
Q

Private activity?

A

Means an activity that, in the circumstances, any or one or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants.

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15
Q

Curtilage?

A

Is a legal term used to define the land immediately surround a house or dwelling, including any closely associated buildings and structures, but excluding any associated open fields beyond. It defines the boundary within which a homes owner can have reasonable expectation of privacy and where the common home activities take place.

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16
Q

Visual surveillance device? (Also inception device)

A

a) means any electronic, mechanical, electromagnetic, optical or electro optical instrument, apparatus, equipment or other device that is used or is capable of being used to observe or to observe and record a private activity but
b) Does not include spectacles, contact lenses or a similar device used to correct subnormal vision of the user to no better than normal vision.

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17
Q

s8?

A

Entry without warrant suspect a person has committed an offence by imprisonment for which they maybe arrested without warrant.
And Believe that person is in that place or vehicle.
And Believe that if entry is not gained immediately either or both will occur
1) Person leave place or vehicle to avoid or
2) EM pertaining to the offence will be CADD

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18
Q

s9?

A

STOPPING POWER - I HAVE THE POWER
Stop a vehicle and find a person unlawfully at large or who has committed an imprisonable offence.
Cop must be wearing Police uniform, followed immediately behind vehicle with lights and sirens
If not in uniform must produce ID

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19
Q

S10?

A

SERACH POWER FOR VEHICLE WHEN STOPPED
- any person in the vehicle to supply name, address and other contact details and DOB if they suspect
- UL at large
or
They have committed an imprisonable offence.
ALSO
Search vehicle to locate EM in relation to any offence. If the person has been arrested and is seen fleeing from the vehicle before they can be arrested.
If the driver not suspect need to state why!!!!

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20
Q

s15?

A

HOUSE 14+ - RGTS and RTB EM and delay CADD exists 14 plus offence (Further secure, exclude, detain, use reasonable force)
Also - secure, exclude, detain, use reasonable force.

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21
Q

s16?

A

PERSON IN PUBLIC PLACE 14+ - RGTB that person EM detain search and seize.

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22
Q

s17?

A

VEHICLE 14+ Public place RGTB EM

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23
Q

s14?

A

Warrantless entry to prevent offence or respond to risk to life or safety.
RGTS an offence is likely Injury or damage or loss to property or risk to life or safety of any person that requires an emergency response.
Place or vehicle without warrant
Take any action

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24
Q

s112?

A

UNCERTAIN STATUS - While exercising a search power uncertain whether any item found may lawfully be seized and it is not reasonably practicable to determine whether that item maybe seized to determine whether it maybe lawfully seized.

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25
Q

s123?

A

FINGERPRINT ME - Plan view while exercising any other search power or lawfully in a place or vehicle or lawful search of any person. 3 things search warrant, lawfully on a place or vehicle or lawfully searching a person.

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26
Q

What different legislation does the search and surveillance act bring together?

A 
Misuse of drugs act 1975 
Crimes Act 1961 
Bill of Rights Act 1990 
The Privacy Act 1993 
The Evidence Act 2006
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27
Q

What is the purpose of the search a surveillance Act 2012?

A

s5 - to facilitate the Monitoring and Compliance with the law
Investigation and protection of offence
in a manner that is consistent with human rights values

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28
Q

How does the new act add value?

A
  • Modernising the law of search, secure and surveillance taking into account advances in tech and regulate their use.
  • Provide rules that recognise importance of human rights
  • Ensuring investigative tools are effective and adequate for law enforcement needs.
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29
Q

How do you comply with the search and Surveillance Act?

A 
ENSURE LAWFUL REASON
CONDUCT RISK ASSESSMENT 
ONLY SEIZE WHAT IS ENTITLED 
PROVIDE ANNOUNCEMENTS AND ID 
PROVIDE REQUIREMENTS REPORT AND INVENTORY
30
Q

Search Warrants and production orders

A

a lot of questions

31
Q

damage at premises???

A

Buildings need to be left secure if you have entered them lawfully. Secure and attended. Police will not pay for damage of entry that is lawful as a rule of thumb. If a mistake has been made on the Police behalf then Police will pay for this.

32
Q

Why should I use a search warrant? x 3

A

1) Judicial oversight.
2) Protection for Police and Public.
3) Recording and reporting.
JPR Jesus Power Rules

33
Q

Privileged material?

A

Privilege material allows the holders of the information to refuse. Material gained via communication

  • legal adviser
  • Ministers of religion
  • Medical practitioner
  • Clinical psychologist
  • Informants
  • Journalists
34
Q

In speaking to consent searches you must determine that the search is for one of the following reasons?

A

1) Prevent the commission of an offence
2) Investigate whether an offence has been committed
3) Protect life or property
3) Prevent injury or harm (s92)
4) Any purpose where enforcement .- exercise a power with suspicion or belief pertaining to an offence
CIPP…. I want a CIPP pertaining to consent and any other

35
Q

What are my obligations pertaining to consent searches?

A

1) The reason for the search must be lawful under (s92)
2) They may consent or refuse to consent to the search
3) That consent may withdraw their consent at anytime.
4) Making good notes and the grounds in my notebook

36
Q

Considering consent searches what are other rules under s95?

A

A person under 14 years old is unable to consent to a search - unless they are found driving with no passenger of or being 14 years of age and with authority to consent to the vehicle search.

37
Q

Do consent searches have to be reported on?

A

No

38
Q

s92?

A

Is the four reasons pertaining to consent searches
CIPP
Commission of an offence
Investigation of an offence
protect life and property
Any purpose where a law enforcement offence could exercise a power with a suspicion and belief pertaining to an offence

39
Q

s93?

A

Is the advice that must be given a b and c plus making good notes at the time

40
Q

s94?

A

UNLAWFUL CONSENT SEARCHES

1) It is not for the purposes set out in s92 CIPP and any purpose
2) Where the law enforcement officer fails to comply with s93(a)(b)(c) or
3) The search is undertaken in reliance on a consent given by a person who does not have authority to give consent.. (Be careful)

41
Q

s96?

A

EXEMPTIONS FOR CONSENT

a) Apply to a search conducted as a condition entry place, vehicle or thing
b) Apply to a search conducted in accordance with a power conferred by an enactment.
c) Affect a rule of law relating to implied licence to enter property.

42
Q

What modes can a search warrant application take?

A

s100 -

1) A search warrant application must be in writing and maybe transmitted electronically to an issuing officer

43
Q

s93?

A

Is the advice that must be given a b and c plus making good notes at the time

a) Determine that the search is lawful
b) Advise reason
c) Advise person that he or she may consent to refuse to consent to the search.

44
Q

s125?

A

OBLIGATIONS PERSON - RAN
Name
Act
Reason

45
Q

s127?

A

If a search warrant is for a vehicle this section allows you access any place….

46
Q

When conducting a warrantless search when are you not required to comply with s131(1)?

A

RGTB FOUR THING HERE

  • No one is present or
  • Compliance with subsection 1a - endanger
  • Compliance would prejudice
  • Compliance prejudice ongoing investigations
47
Q

s131?

A 
OBLIGATIONS (other than remote access search warrant) place vehicle and thing 
Give search warrant unless impractical to do so or warrantless announce intention 
--------------
Reason
Act 
Intention (announce before)
Name 
--- 
Inventory list 
s169 reporting
48
Q

s125?

A 
OBLIGATIONS PERSON - RAN 
Name 
Act
Reason
-----
Inventory list 
s169 reporting
49
Q

s29

A

VEHICLE STOLEN PROPERTY - RGTB stolen property

50
Q

s45?

A

RESTRICTIONS on some trespass surveillance and and use of inception device

1) EM offence punishable 7 years or more
2) EM against s44, 45, 50, 51 and 54, 55 Arms act 1983
3) Identified offences against the Psychoactive Substance Act 2013

51
Q

s46?

A

Activities for which surveillance device warrant required
1 - Use inception device private communication
2 - Use of tracking device except where the tracking device is limited to if something is opened, tampered and does not involve trespass onto land or goods.
3) Observation of private activity own private land.
4) Use of tracking device that involves trespass to land or goods
5) Observation of private activity in curtilage of private premise and any recording of that observation. If any part of the observation is for the purposes of a single investigation exceeds 3 hours in 24hour period or 8 hours in total.

52
Q

s47?

A

Some activities that don’t require a trespass warrant

  • must be an enforcement officer
    1) being lawfully on private premise and recording what he or she observes
    2) Covert audio recording of voluntary communication between two or more persons with consent from one.
    3) Activities carried out under section 4A(1) OR (2) The New Zealand Security Intelligence Service Act 1969
    4) Activities Section 17 of the Government Communications Security Bureau Act 2003
53
Q

s48

A

Surveillance device warrant emergency 48hrs
he or she is entitled to apply for a surveillance device warrant and is impractical in the circumstances
1) RGTS an offence 14+ and believe the device would fruit EM
2) RGTS - one or more of the circumstances exists under 14(2) being or is about to be committed likely cause serious injury or serious damage to property or there is a risk to life or safety of any persons requires an emergency response believe the device would prevent or advert.
3) RGTS circumstances S18(2) and believe the surveillance device is necessary to facilitate the seizure of arms.
4) A drug offence

54
Q

What are the conditions under s18(2)

A
  • Person in breach of the arms act 1983
  • Physical or mental condition is incapable of proper control of the firearms or kill or cause injury to any other person.
  • Under the family violence act 2018 a protection order or pSO is in force
  • Grounds for making a application for a Protection Order.
    FOUR THINGS BRO
55
Q

s48

A

Surveillance device warrant emergency 48hrs
he or she is entitled to apply for a surveillance device warrant and is impractical in the circumstances
1) RGTS an offence 14+ and believe the device would fruit EM
2) RGTS - one or more of the circumstances exists under 14(2) being or is about to be committed likely cause serious injury or serious damage to property or there is a risk to life or safety of any persons requires an emergency response believe the device would prevent or advert.
3) RGTS circumstances S18(2) and believe the surveillance device is necessary to facilitate the seizure of arms.
4) RGTS drugs offence and believe surveillance device would fruit EM
5) RGTB in possession controlled drug, precursor substance, package that customs officer has replaced and EM pertaining to section 6(1)(a) and 12AB MODA 1975
In short 14+, 10/10, guns, drugs offence, drugs but with the drugs has to be RGTB no suspect. Still subject to 7 plus years imprisonment

56
Q

How quickly after the search warrant do I have to give provide a report?

A

As soon was practicable..

57
Q

s175

A

False statements don’t make them as you go straight to jail for a year.

58
Q

s119

A

POWERS OF SERACH BY PERSON WHO HAS POWER OF ARREST.

1) If any person who may exercise the power of arrest is searching a place or vehicle
2) May search any any person place or vehicle or arrive, stops or enters or tried to enter. If arrest person has RGTB that person has EM
- Also RGTS possession of a dangerous item that poses a threat to safety and believes immediate action to address that threat .
- If any item is seized unless an offence must be returned at the conclusion of the search or you are satisfied that there is no longer a threat to safety.

59
Q

s120

A

Fresh pursuit RGTB that relevant EM power to enter any place or vehicle to apprehend the person and search the person or vehicle

60
Q

If there person resists

A

A W O C A

61
Q

What is the procedure pertaining to privileges material?

A

1) Ensure the person or representative is present when the search is undertaken.
2) Give the person a reasonable opportunity to claim privilege
3) As soon as practicable after being given the opportunity that person must provide you with a list
4) Complete inventory listing all the documents seized. invite them to check
5) The person may object
When privilege has been claimed this needs to be decided by the court prior to moving forward

62
Q

In what situations does no privilege exist?

A

If information made or received or complied for a dishonest purpose or aid any person to commit an offence.

63
Q

What are the seven steps in the search warrant process?

A

1) Gain prior approval
2) Gain online approval
3) Gain issuing officer approval
4) Plan and brief search warrant
5) Execute
6) Report outcomes
7) File investigation records

64
Q

s117?

A

SPECIAL POWER WHEN A SERACH WARRANT IS PENDING.
If SW application is about to be made, is being made and has not been granted or approved.
And you believe on reasonable grounds that before the SW issued EM - CADD
- Enter any place, vehicle or thing
- Secure any item found there
- Direct any person to assist you in entering, securing
(only for 6 hours) or (the SW is available or execution) or (the SW is refused)
(Note if requested you must identify yourself name or QID, ACT, Reason or produce id unless impractical to do so in the circumstances.

65
Q

s116?

A

SECURING A PLACE, VEHICLE OR OTHER THING TO BE SEARCHED

a) Secure the place, vehicle or thing or any area that they are contained in.
b) Exclude any person from place, vehicle thing or area - reasonable direction - if the person conducting the search RGTB the person will obstruct or hinder.

66
Q

Who may execute a search warrant?

A

The person directed or any constable.

67
Q

How long is a search warrant valid for?

A

A) No more than 14 days from the date of issue, as specified by the issuing officer.
B) No more than 30 days from the date of issue as specified by the issuing officer if you have justified why the extra time is required and the issuing officer is satisfied.

68
Q

When is the search warrant considered executed?

A
  • have seized EM specified in the search warrant or leave the place and have not returned within four hours.
69
Q

How often can a search warrant be executed?

A
  • on one occasion unless more than one execution is justified and authorised by an issuing officer.
70
Q

s118?

A

POWERS OF DETENTION INCIDENTAL TO POWERS TO SERACH PLACES AND VEHICLES

  • If any Constable or other person assisting a constable
    a) May detain any person there at the commencement
    b) Who arrives, stops at, enters or tries to enter
    c) Must only detained for a reasonable amount of time.
    d) Detention commences when directed to remain - free to leave when they are told they are free to leave.
    e) Reasonable force maybe used

Search and Surveillance (1 decks)

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