Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What does RGTB mean?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is a lawful Search?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

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

A

Reason & ability to refuse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

S131 Search and Surveillance Act 2012?

A

RAIN = Reason, Act, Intention to enter, Name

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

S116 Search and Surveillance Act 2012?

A

Can exclude or give reasonable direction to persons at search

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

S118 Search and Surveillance Act 2012?

A

Detain people to determine connection

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is priviliged material?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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 (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions