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My CIB Modules > Search and Surveillance > Flashcards

Search and Surveillance Flashcards

1
Q

What does RGTS mean?

A

Reasonable Grounds to Suspect - having a sound basis for suspect that a situation or circumstance exists

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2
Q

What does RGTB mean?

A

Reasonable Grounds to Believe - having a sound basis for believing that a situation or circumstance exists

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3
Q

What is a lawful Search?

A

A search that has a Search Warrant, Warrantless Search Power or consent.

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4
Q

What is a reasonable Search?

A

A search that complies with S21 of the NZBORA and considers the nature of the search, how intrusive it is and where and when it occurs

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5
Q

What should you consider when thinking about practicality of SW?

A

L-REST:
Location of search
Resources available
Evidence at risk?
Secured scene?
Time availible

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6
Q

When may you ask for a consent search?

A

PIPP:

PREVENT commission of offence.
INVESTIGATE if offence committed.
PROTECT life or property.
PREVENT injury or harm

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7
Q

What must you say before asking to conduct a consent search?

A

Reason & ability to refuse

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8
Q

S131 Search and Surveillance Act 2012?

A

RAIN = Reason, Act, Intention to enter, Name

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9
Q

S110 Search and Surveillance Act 2012?

A

Ability to use additional powers during search:
TF BRACES:

TAKE photos,
FORCE,
BRING equipement & dog,
REQUEST assistance,
ACCESS computers,
COPY document,
ENTER

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10
Q

S116 Search and Surveillance Act 2012?

A

Can exclude or give reasonable direction to persons at search

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11
Q

S118 Search and Surveillance Act 2012?

A

Detain people to determine connection

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12
Q

S119 Search and Surveillance Act 2012?

A

Can search people at place if you have RGTB they have Evidential material on them or RGTS they have dangerous item.

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13
Q

What do you do when you find priviliged material?

A

E.R.I.C

  1. ENSURE person or rep is present.
  2. Give them a REASONABLE opportunity to claim privilege
  3. Complete INVENTORY
  4. Allow them to COPY
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14
Q

What is priviliged material?

A

Communication with CRIM LJ -
Clinical Psychologists,
Religion,
Informants,
Medical practioners,
Legal,
Journalists

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15
Q

S112 Search and Surveillance Act 2012

A

If you don’t know whether an item can be seized lawfully you may seize it for examination. It must be in scope of orignal search.

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16
Q

S123 Search and Surveillance Act 2012

A

Seize items in plain view if you believe that you could have seized with another warrant.

17
Q

S121 Search and Surveillance Act 2012?

A

You may stop a vehicle if you intend to search it

18
Q

S127 Search and Survaillance Act 2012?

A

You may enter a place to search a vehicle that you have a SW for.

19
Q

What is a production order?

A

An order made under S74 of the Search and Surveillance Act 2012 requiring a person to produce documents

20
Q

What is a surveillance device?

A

A visual device, an interception device, a tracking device - VIT

21
Q

S46 Search and Surveillance Act 2012?

A

Outlines when Surveillance Device Warrant required:
TIPTC:
Tracking device,
Interception device,
observation of Private Activity,
Trespass surveillance,
Curtilage

22
Q

How long can you observe curtilage with a device without a warrant?

A

3 hours in any 24 hour period or 8 hours total.

23
Q

When can you engage in trespass surveillance without a SDW?

A

For 48 hours if you suspect evidence of a 14 year imprisonable offence, avert an emergency, breach of arms act

14, 14, guns

24
Q

When can you apply for a interception surveillance device warrant?

A

For an offence punishable by 7 years imprisonment or more

25
Q

When can you apply for a tracking surveillance device warrant?

A

For an offence punishable by imprisonment.

26
Q

What are the two key ingredients to use a SDW under S48?

A
  1. Entitled to apply.
  2. Impracticable in the circumstances
27
Q

How do your report SDW use under S48?

A

One month to after the last day to a judge and include if it obtained evidence or prevented offending or seized arms.

28
Q

How long may you apply for a SDW?

A

60 days then re apply.

29
Q

When does privilege NOT apply to a document

A

When it is made, received, compiled or prepared for a dishknest purpose or to enable a person to commit an offence.

30
Q

What do you do once you receive or anticipate a claim of privilege?

A

Secure it but do not examine it.

31
Q

What does S117 hold?

A

If a SW App is about to be made and you have RGTB EM will be CADD before execution, you may:
Enter & Secure

32
Q

What are the limitations of S117?

A

6 hours
Refusal of application
The application is ready to execute

33
Q

S122

A

May move vehicle to another place if lawful authority to search vehicle and impractical to do so at location

My CIB Modules (10 decks)

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