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.