Search and Surveillance Flashcards
Section 7 S&S - Entry without warrant to arrest person unlawfully at large
Enter and search any place or vehicle for person
- RGTS Person Unlawfully at large
- RGTB Person is there
Section 8 S&S - Entry without warrant to avoid loss of offender or evidential material
Enter and search any place or vehicle for person
- RGTS person has committed an imprisonable offence.
- RGTB the person is there and CADD or fleeing will occur.
Section 9 S&S - Stopping vehicle to find persons unlawfully at large or who have committed certain offences
Stop a vehicle
- RGTS person Unlawfully at large or Imprisonable offence
- RGTB person in the vehicle
Section 10 S&S - Powers and duties of constable after vehicle stopped
Powers after vehicle stopped under section 9
- Require person w/ RGTS to supply details
- Search vehicle to locate RGTS person
Section 15 S&S - Entry without warrant to find and avoid loss of evidential material relating to certain offences
Enter and search a place for evidential material
- RGTS 14+ year offence, has, is, or will be committed
- RGTB EM material will be CADD if delayed
- Allows search of a vehicle in that place
Section 16 S&S - Searching people in public place without warrant for evidential material relating to certain offences
Search a person in a Public Place
- RGTB possession of Evidential Material relating to a 14+ year offence.
Section 17 S&S - Warrantless entry and search of vehicle for evidential material relating to certain offences
Search a vehicle in a public place
- RGTB Evidential Material relating to a 14+ year offence is inside the vehicle.
S19 S&S - Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants
A constable may search any person found in or on a place or vehicle, in relation to which a search warrant is issued under section 6, if the offence that was specified in the application for the search warrant is an offence against the Misuse of Drugs Act 1975.
Section 18 S&S - Warrantless searches associated with arms
RGTS is carrying, possesses, or has arms under their control and;
(a) Has Breach of the Arms Act 1983
(b) Due to any Physical or Mental condition, is incapable of having proper control or may kill or cause bodily injury to someone.
(c) PSO or Protection order in place.
May Search person / place / vehicle / anything under their control.
Enter place or vehicle
Seize and detail arms and arms license.
Section 20 S&S - Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
Search of Place / Vehicle
- RGTB controlled drugs, Schedule 1 & Part 1 Schedule 2 & 3 MODA. and not practical to obtain a Search Warrant.
- RGTS offence against MODA 75 and CADD will occur
Section 21 S&S - Warrantless searches of people found in or on places or vehicles
May search any person in place/vehicle you are searching under Section 20 S&S
Section 22 S&S - Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
Search a person
- RGTB controlled drugs, Schedule 1, Part 1 Schedule 2 & 3 MODA.
- RGTS offence against MODA 75 and CADD will occur
Section 27 S&S - Offencive Weapons, etc (person)
Search person in a public place if:
- RGTS offence against 202A(4)(a) - Possession of knives, offensive weapons, disabling substances.
Section 28 S&S - Offencive Weapons, etc (vehicle)
Search a vehicle in a Public Place if:
- RGTS offence against 202A(4)(a) - Possession of knives, offensive weapons, disabling substances.
Section 83 Search and Surveillance Act 2012
Entry without a warrant after arrest
- Enter and search of a place after arrest if RGTB Evidential Material relating to the offence is at a place and CADD will occur if delayed.
Section 84 Search and Surveillance Act 2012
Search Vehicle without a warrant after arrest if RGTB Evidential Material relating to the offence is in the vehicle.
Section 112 Search and Surveillance Act 2012
Items of uncertain status may be seized for examination or analysis when there is uncertainty if they are Evidential Material.
Section 117 Search and Surveillance Act 2012
If a search warrant application is about to be made or has been made and you are waiting to hear if it has been authorised and,
you have RGTB that evidential material may be CADD or removed before the search warrant can be issued, you may:
- enter and secure a place, vehicle or other thing, and
- secure any item found there, and
- direct any person to assist with entry and securing the place or vehicle or securing items in it.
The powers conferred by section 117(1) may be exercised until the first of the following occurs:
(a) the expiry of 6 hours from when the power is first exercised.
(b) the warrant is available for execution at that place or vehicle or in respect of that other thing.
(c) the application for a search warrant is refused.
Section 121 Search and Surveillance Act 2012
121 gives you the power to stop a vehicle if grounds to search the vehicle exist under a warrantless power or a search warrant has been issued for the vehicle.
Section 123 Search and Surveillance Act 2012
Lawfully in any place or conducting any lawful search, RGTB that you could seize the item located under a warrant or any other enactment. Needs to relate to an offence.
Section 45 S&S - Limitations on use of an interception device
A surveillance device power will only be authorised for use regarding an interception device for gathering evidential material for:
- Offences punishable by 7 or more years imprisonment
- Identified Arms Act Offences
- Idenfitied psychoactive Substances offences.
Section 46 Search and Surveillance Act 2012 - Activities for Which a Surveillance Devie Warrant is Required
Activities for Which a Surveillance Devie Warrant is Required.
(a) Use of an interception device to intercept private communications.
(b) use of a tracking device (apart from tamper tracking)
(c) Observation/recording of a private premise using a visual surveillance device.
(d) Use of surveillance device involving trespass
(e) Observation and recordings of curtilage for more than 3 hours in 24 hour period or more than 8 hours in total.
Section 47 S&S - What is voluntary oral communication
- When there lawfully you can record what you see and hear in a private premises without the use of a surveillance device.
- Can conduct an audio recording of a voluntary oral communication between 2 or more people with the consent of at least one of them.
Section 48 S&S - Situations of emergency or urgency
Warrantless use of surveillance device for a period not exceeding 48 hours if:
- You are entitled to apply for a surveillance device warrant due to serious criminal activity.
- It is not immediately practicable to obtain the warrant due to the circumstances.
You believe one of the following, has been, will be or is being committed:
- RGTS 14+ year offence and RGTB EM will be obtainable.
- You have RGTS S14 Risk to life / serious harm and RGTB use of the device will prevent the harm.
- RGTS Arms specified arms offences ( Cat 3 or 4, mental /physical state, PSO / PO) & RBTB necessary to seize arms.
- RGTS specified offences against MODA & RGTB EM will be obtainable.
In situations of emergency or urgency, the use of surveillance devices must not exceed 48 hours.
Under the Search and Surveillance Act a lawful search is a search that is conducted….?
List three methods of lawfully searching
- with a search warrant, or
- under a warrantless search power, or
- with the person’s consent
What is a reasonable search and what three considerations can be made?
A search that complies with section 21 of the New Zealand Bill of Rights Act which protects against unreasonable search and seizure.
Factors to consider:
- the nature of the search
- how intrusive the search is
- where and when the search takes place.
List some considerations when deciding if it is practicable to obtain a search warrant
When you are thinking about what is practicable consider questions such as:
- is there time to gain approval and apply for a search warrant
- can the scene be secured (under section 117)
- are reasonable resources (including number of staff) available to minimize risk and ensure safety
- is the evidential material at risk
- location of the search and who may be present
What are the benefits of using a search warrant over warrantless powers?
- Ensures judicial oversight
- Provides greater protection for Police and the public
- Requires recording and reporting of results
The process of obtaining a warrant provides a series of checks and balances to protect both the Police and the public.
List the reasons you may search by consent
Before conducting a search by consent, you must determine that the search is for one of the following reasons:
- to prevent the commission of an offence
- to investigate whether an offence has been committed
- to protect life or property
- to prevent injury or harm
What are your obligations under Section 131 S&S Act?
Your obligations cover identification, intention, reason and notice requirements whereby before initial entry you must:
- identify yourself by name or by unique identifier (QID)
- announce your intention to enter and search
- state the name of the Act
- give notice by providing a copy of the search warrant or POL1275
When do you not have to comply with the Section 131 requirements on initial entry?
If you have RGTB this would:
- endanger any person’s safety
- prejudice the successful use of the entry and search power
- prejudice on-going investigations
Or if you have RGTB no one is present.
What does section 110 S&S Act authorise you do to?
- enter and search the place, vehicle or other thing, that you are authorised to enter and search
- search any item or items found in that place, vehicle or thing (if reasonable)
- use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure
- seize anything that is the subject of the search or anything else that may be lawfully seized
- request assistance with entry and search
- bring and use any equipment found on the place, vehicle or other thing
- bring and use a trained law enforcement dog and its handler
- copy any document, or part of a document, that may be lawfully seized
- access a computer system or other data storage device
- copy intangible material e.g. computer data
- take photographs, sound and video recordings and drawings