Search and Surveillance Flashcards
Reasonable Grounds To Suspect (RGTS)
definition
- Having a sound basis for suspecting that a situation or circumstance exists.
Reasonable Grounds To Believe (RGTB)
definition
- Having a sound basis for believing that a situation or circumstance exists.
Lawful Search and Reasonable Search
- Search warrant, warrantless search power, person’s consent
- Complies with s21 of the NZ bill of rights act and considers nature of the search, how intrusive and when / where it takes place.
Search By Consent (s91-s96)
following reasons only
- Prevent commission of an offence
- Investigate whether an offence has been committed
- Protect life or property
- Prevent injury or harm.
Consent Search
advise before search
- Reason for the proposed search
- They may consent or refuse to the consent of the search.
Person Under 14 Consent Search
- Unable to consent to the search of a place, vehicle or other thing unless they are found driving with no passenger of or over 14 with authority to consent to the vehicle’s search.
Tangible Evidential Material
definition
- Something that may be touched.
Intangible Evidential Material
definition
- Unable to be touched, not having physical presence.
CADD
definition
- Concealed, Altered, Damaged, Destroyed
Obligations
Section and Understanding
Section 131
- Identify yourself by name or QID
- Provide evidence of identity if not in uniform
- Announce intention to enter and search
- State the name of the Act and reason for the search
- Give notice by providing a copy of the SW
- Bill of rights after detaining for the purpose of a search
Exceptions to Obligations
understanding
Do not have to comply with requirements if you have RGTB it would
- endanger any person’s safety
- prejudice the successful use of entry and search
- prejudice on going investigations
Refusal of Entry from persons
understanding
- You may use reasonable force to enter if the person refuses entry or does not allow entry within a reasonable time following the request.
Power To Search
Section and Understanding
Section 110
- Enter and Search place, vehicle or thing
- Search any items found in that place, vehicle or thing
- Use reasonable force in respect of any property for the purpose of carrying out the search and seizure
- Seize anything that is the subject of the search
- Request assistance with entry and search
- Copy any document that may be lawfully seized
- Access a computer system
- Copy intangible material
- Take photographs etc
Impeded Search
Section and Understanding
Section 116
- Secure a place, vehicle or thing to be searched and exclude any person if RGTB they would hinder / obstruct
Detaining People - Connection
Section and Understanding
Section 118
- Detain people when searching places or vehicles for the purpose of determining if there is connection between them
