Search and Surveillance Flashcards
What does RGTS mean?
Reasonable Grounds to Suspect - having a sound basis for suspect that a situation or circumstance exists
What does RGTB mean?
Reasonable Grounds to Believe - having a sound basis for believing that a situation or circumstance exists
What is a lawful Search?
A search that has a Search Warrant, Warrantless Search Power or consent.
What is a reasonable Search?
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
What should you consider when thinking about practicality of SW?
L-REST:
Location of search
Resources available
Evidence at risk?
Secured scene?
Time availible
When may you ask for a consent search?
PIPP:
PREVENT commission of offence.
INVESTIGATE if offence committed.
PROTECT life or property.
PREVENT injury or harm
What must you say before asking to conduct a consent search?
Reason & ability to refuse
S131 Search and Surveillance Act 2012?
RAIN = Reason, Act, Intention to enter, Name
S110 Search and Surveillance Act 2012?
Ability to use additional powers during search:
TF BRACES:
TAKE photos,
FORCE,
BRING equipement & dog,
REQUEST assistance,
ACCESS computers,
COPY document,
ENTER
S116 Search and Surveillance Act 2012?
Can exclude or give reasonable direction to persons at search
S118 Search and Surveillance Act 2012?
Detain people to determine connection
S119 Search and Surveillance Act 2012?
Can search people at place if you have RGTB they have Evidential material on them or RGTS they have dangerous item.
What do you do when you find priviliged material?
E.R.I.C
- ENSURE person or rep is present.
- Give them a REASONABLE opportunity to claim privilege
- Complete INVENTORY
- Allow them to COPY
What is priviliged material?
Communication with CRIM LJ -
Clinical Psychologists,
Religion,
Informants,
Medical practioners,
Legal,
Journalists
S112 Search and Surveillance Act 2012
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.
S123 Search and Surveillance Act 2012
Seize items in plain view if you believe that you could have seized with another warrant.
S121 Search and Surveillance Act 2012?
You may stop a vehicle if you intend to search it
S127 Search and Survaillance Act 2012?
You may enter a place to search a vehicle that you have a SW for.
What is a production order?
An order made under S74 of the Search and Surveillance Act 2012 requiring a person to produce documents
What is a surveillance device?
A visual device, an interception device, a tracking device - VIT
S46 Search and Surveillance Act 2012?
Outlines when Surveillance Device Warrant required:
TIPTC:
Tracking device,
Interception device,
observation of Private Activity,
Trespass surveillance,
Curtilage
How long can you observe curtilage with a device without a warrant?
3 hours in any 24 hour period or 8 hours total.
When can you engage in trespass surveillance without a SDW?
For 48 hours if you suspect evidence of a 14 year imprisonable offence, avert an emergency, breach of arms act
14, 14, guns
When can you apply for a interception surveillance device warrant?
For an offence punishable by 7 years imprisonment or more
When can you apply for a tracking surveillance device warrant?
For an offence punishable by imprisonment.
What are the two key ingredients to use a SDW under S48?
- Entitled to apply.
- Impracticable in the circumstances
How do your report SDW use under S48?
One month to after the last day to a judge and include if it obtained evidence or prevented offending or seized arms.
How long may you apply for a SDW?
60 days then re apply.
When does privilege NOT apply to a document
When it is made, received, compiled or prepared for a dishknest purpose or to enable a person to commit an offence.
What do you do once you receive or anticipate a claim of privilege?
Secure it but do not examine it.
What does S117 hold?
If a SW App is about to be made and you have RGTB EM will be CADD before execution, you may:
Enter & Secure
What are the limitations of S117?
6 hours
Refusal of application
The application is ready to execute
S122
May move vehicle to another place if lawful authority to search vehicle and impractical to do so at location
