Search And Surveillance Flashcards
1
Q
Why use a search warrant
J.P.R
A
Ensure judicial over sight
Provides greater protection for police and public
Requires recording and reporting of results
2
Q
Warrantless search of a person for a controlled drug
A
Section 22 search and surveillance act
3
Q
Section 22 of search and surveillance act
A
Warrantless search of a person for a controlled drug
4
Q
To conduct a warrantless search of a person for a controlled drug you must
A
Have Reasonable Grounds to Suspect an offence against the Misuse of drugs Act 1975, has been, is being or is about to be committed in respect of that controlled drug
5
Q
A lawful search is a search that is conducted
SWP
A
With a search warrant
Under a warrantless search power
With a persons consent
6
Q
A reasonable search is a search that
NIW
A
Complies with the NZ Bill of Rights Act 1960 and considers factors such as
- nature of the search
- how intrusive the search is
- where and when the search takes place
7
Q
Factors to consider when deciding whether to apply for a search warrant
A
- Is there time to gain approval
- Can the scene be secured under 117
- Are reasonable resources (including number of staff) available to minimise risk and ensure safety
- is evidential material at risk
- location of the search and who may be at risk
8
Q
Why use a search warrant
JPR
A
- Ensure judicial oversight
- Provides greater protection for police and public
- Requires recording and reporting of results
9
Q
The process of search warrants starts with initial approval of application, name 3 more
A
Authorisation, execution, final reporting of outcomes
10
Q
Before conducting a search by consent you must determine that the search is for one of the following reasons
A
- 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
11
Q
Before conducting a consent search you must advise the person of
A
The reason for the proposed search and
They may consent or refuse to consent to the search
They may withdraw there consent at any time
12
Q
A person under 14 years old is unable to consent to a search of a place, vehicle or other thing unless
A
They are found driving with no passenger of or over 14 years of age with authority to consent to the vehicles search)
13
Q
Do you have to report a consent search
A
No
14
Q
Section 97 of SnS Act 2012
A
Intangible things
15
Q
CADD
A
Concealed altered damaged or destroyed
16
Q
What are your obligations set out by sec 131 of SnS Act 2012
A
- Identify yourself by name or QID
- Provide evidence of identity if not in uniform
- announce your intention to enter and search
- state the name of the act
- give notice by providing a copy of the search warrant
- caution them if they are detained for the search warrant
17
Q
Obligations for a warrantless search
A
- reason for your search Must also - provide a copy of the search warrant or warrantless search notice and inventory of items seized - report your use of certain powers - consider privilege
18
Q
Section 131 obligations you must give notice to the occupier before or on initial entry
What notice under a search warrant must be provided
A
Provide copy of search warrant
19
Q
Section 131 obligations you must give notice to the occupier before or on initial entry
What notice must be provided under warrantless power
A
- state the name of the enactment under which the search is taking place and the reason for the search (unless impracticable to do so)
- you can use form 1275 search notice to occupier
20
Q
When do you not have to comply with identification notice and intention requirements under 131
A
If you have reasonable grounds to believe no one is present
This would endanger any persons safety
Prejudice the successful use of the entry and search power
Prejudice ongoing investigations
21
Q
Section 110 authorises you to
A
- 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 thing
- bring and use trained law enforcement dog and it’s handler
- copy and document or part of a document that may be lawfully seized
- access a computer system or other data storage device
- copy intangible material
- take photographs, sound and video recordings and drawings
22
Q
Sec 116 S n S
A
- Search impeded you may exclude that person from the place, vehicle or other thing being searched or any area in or on the place or vehicle
- Give any reasonable direction to that person
23
Q
Under what section can you exclude a person from the place vehicle or other thing being searched
A
Section 116
24
Q
Section 116
A
You can secure a place, vehicle or other thing to be searched and exclude any person from there
25
Section 118
You can detain people when searching places and vehicle for the purposes of determining wether there is any connection between a person at the place or in or on the vehicle and object of the search
26
Section 119 S n S
You can search people found when searching places and vehicles if you have RGTB that evidential material that is the object of the search is on that person or
If you have reasonable ground to suspect that the person is in possession of a dangerous item that poses a threat to safety and you believe that immediate action is needed to address that threat
27
Section 120 S n S
If you are in fresh pursuit and with RGTB that relevant evidential material is still on the person, you have the power to enter any place to apprehend the person and search the person or vehicle
28
AWOCA
ASK: greet person identify self ask them to comply with search
WHY: give reasons, intention to search under SnS 2012, based on belief suspicion
OPTIONS: allow search or be arrested
CONFIRM: confirm they understand options
ACTION: arrest for obstruction
29
Section 125 special rules for searching people
You can search any item that the person is wearing, carrying has in their physical possession or immediate control
30
If the detained person tried to leave the place, vehicle you can use reasonable force to detain the person to be searched under section
118(4)
31
Privilege
Privilege allows the holders of particular information to refuse to disclose this information. This information is recognised as ‘privileged’ under the SnS act
32
When does privilege not apply
If the information is made, received, complied or prepared for a dishonest purpose or to enable or aid any person to commit an offence
33
Name recognised privileged material which is material gained through communication with
```
Legal advisors
Minister’s of religion
Medical practitioners
Clinical psychologist
Informers(informants)
Journalists
```
34
There are set procedures when a search involves privileged material held by a specified person
You must
- Ensure that the person or their representative is present when the search is undertaken
- give the person a reasonable opportunity to claim privilege
35
Section 21 of the New Zealand Bill of Rights Act 1990
Everyone has the right to privacy in their own home and the right to refuse entry
36
Other ways to apply for a search warrant
Oral
By using email or phone to issuing officer
Secure a scene while you apply for a search warrant for maximum period of 6 hours 117
37
If you seemed an oral approval you must do what as soon as possible
Make an online application as soon as possible and back capture the required information
38
Before commencing the application for a search warrant you must be sure that there are
- RGTS an offence punishable by imprisonment has been, will be or is being or is about to be committed and
- RGTB that the search will find evidential material in respect of the offence in the place, vehicle or other thing or facility.
- Have checked the targets history for other search warrant outcomes
- assessed risks
- obtained initial approval
39
Section 116 (1)(b)
Exclude that person from the search scene if you have RGTB the person will obstruct or hinder your powers
40
Section 118(1)
Detain that person to determine if there is any connection between them and the object of your search
41
Section 119(1)
Search that person if you have RGTB that they may have evidential material on them
42
Section 119(2)(a) and (b)
Search that person if you have RGTS that they may have a dangerous item that poses a threat to safety and you believe you need to act immediately to address that threat
43
Search warrants are inherently risky these risks must be
- identified
- assessed
- considered in planning how you execute the search warrant
44
What must you do as part of your risk assessment
A planned action risk assessment and card prompt and TENR applied
45
Under section 117 you may
- enter and secure a place, vehicle or other thing
- secure any item found there and
- direct any person to assist with entry and securing the place or vehicle or securing items in it
46
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
47
Sunder what section can you use reasonable force to enter the place, vehicle or other thing
Section 131
48
Under what section can you use reasonable force to search a property and seize items
Section 110
49
Under what section can you use reasonable force to search a person
Section 125
50
GSMEAC ground
Location to be searched
Address
Neighbours
51
GSMEAC SITUATION
reason for seeking the search warrant
| Background on any suspects
52
GSMEAC Mission
Address
Suspects
Specific evidential material sought
53
GSMEAC execution
```
Timings
Method of entry
Roles
Responsibilities
Obligations on entry
Managing suspects
Vulnerable people
```
54
GSMEAC Administration and logistics
Travel to and from address
Timing of search warrant
Recording of evidential material
55
GSMEAC Command and Signals
Cellphone numbers and radio channels
Before execution
During execution
Debrief
56
Section 121
Stopping vehicles for a search
57
Section 122
Moving vehicles for search/safe keeping
58
Section 123
Seizing items in plain view
59
Section 112
Items if uncertain status may be seized
60
Under what section can you search a person if you are executing a search warrant for drugs found in place vehicle or thing
Section 19
61
Executing a search warrant for a vehicle
Section 127
62
Section 127 in executing a search warrant for a vehicle allows you to enter any place
To locate the vehicle to execute the search warrant if
| You have RGTB that vehicle is there
63
Under what section are production orders made
Section 74
64
How long is a Production order in force for not exceeding
30 days after the date on which the order is made
65
You may apply for a production order if you have
RGTS an offence has been , is being or will be committed and
RGTB that the documents sought by the proposed order
Constitute evidential material in respect of the offence and are in the possession or under control of the person against whom the order is sought or will come into their possession or under their control while the order is in force
66
What is a visual surveillance device
(A) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is 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.
67
Section 46 activities for which a surveillance device warrant is required
Private activity
(C) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device.
68
Define private communication
(a) means a communication (whether oral or written form, or in the form of a telecommunication, or otherwise) made under circumstance that may reasonably be taken to indicate that any party to the communication desired it to 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 ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so.
69
Trespass surveillance means
Surveillance that involves trespass of land or trespass to goods
70
When does trespass surveillance occur
The moment an enforcement officer steps into private property without consent
71
A visual surveillance device warrant for trespass surveillance will only be authorised
For obtaining evidential material for serious offences an offence punishable by 7 years or more
72
A warrant application to use an interception device whether or not trespass surveillance occurs is restricted to
Obtaining evidential material for serious offences only ( serious offence is an offence punishable by 7 years imprisonment or more.
73
Section 46 activities for which a surveillance device warrant is required
D
(D) use of a surveillance device that involves trespass onto private property
74
Define curtilage
Curtilage means the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated open fields beyond
75
Curtilage limitations section 46 activities for which a surveillance device warrant required.
(E) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of that observation, for the purpose of a single investigation, or a connected series of investigations, exceeds
(i) 3 hours in any total 24 hr period; or
(ii) 8 hours in total
76
Intercept in relation to private communication, includes hear, listen to, record, monitor, acquire or receive the communication either
When it is taking place; or
| While it is in transit
77
Interception device
(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 intercept or record a private communication; but
(b) does not include hearing aid or similar device used to correct subnormal hearing of the user consent to no better than normal hearing.
78
Is a surveillance device warrant required to use an interception device to intercept private communication
Yes
79
A surveillance device warrant will only be authorised for use of an interception device for gathering evidential material for:
Offences punishable by 7 or more years imprisonment
Identified arms act 1983 offences
Identified psychoactive substances act 2013 offences
80
What is voluntary oral communication
Communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded (section 47)
81
a surveillance device warrant is required to intercept and record a voluntary oral communication
True or false
False
82
Define tracking device
(a) means a device that, may be used to help ascertain, by electronic or other means, either or both of the following
(I) the location of a thing or a person;
(ii) whether a thing has been opened, tampered with, or in some other way dealt with; but
(b) does not include a vehicle or other means of transport, such as a boat or helicopter
83
Section 46 activities for which a surveillance device warrant required tracking device
(b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods
84
Two key ingredients exist for any situation to be recognised as in if emergency or urgency
Entitled to apply
| Impractical in the circumstances
85
Surveillance without a warrant in situations of emergency or urgency is permitted only where the above circumstances apply and the suspected offence has been, is being or is about to be committed and is
- Punishable by 14 years imprisonment or more
- You believe that use of the surveillance device would obtain evidential material in relation to the offence:
An arms act offence
- a drug offence
A situation which is likely to cause injury or serious property loss/ damage and surveillance is necessary to prevent offending from being committed or continuing
Presenting risk to life and safety and surveillance is necessary as an emergency response
86
What is the limitation to use of a surveillance device warrant in emergency or urgency
Must not exceed 48 hours
