Search and Surveillance Flashcards by Nick Johnston

What is a Surveillance device

an interception device
a tracking device
a visual surveillance device

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When to apply for a search warrant

If you do not believe that the delay involved in obtaining a search warrant will make it impracticable to achieve your purpose

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When to use warrantless powers

If you believe that the immediate exercise of the power is necessary to achieve its purpose - obtaining evidence protecting life or safety or arresting a person

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When to undertake a consent search

Is not the most desirable action. Consent can be withdrawn at any time

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If no one present when search completed what must be done

Copy of search warrant left
If warrantless search then leave written notice (pol) stating act reason for the search 
If not practicable then it must be supplied no later than 7 days after the search 
Must include: 
Date/time of start and finish
Name / ID
whether anything been seized
authority and reason for seizure
an inentory of items taken

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How long can you detain someone when searching a person

as long a necessary to carry out the search

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When must you report the use of a warrantless power

As soon as possible
Must include: short summary, the reasons for exercising the warrantless power, whether any evidential material was seized any criminal proceedings brought or are being considered
Police policy states that online notifications shall be completed by the end of shift

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You do not need to report

A search of a person following an arrest

A search of person in lawful custody

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Securing a place vehicle or other thing to be search you may

secure the place vehicle or other thing, secure any area within the place etc secure any items found in etc in a reasonable manner and for a reasonable duration
(secure means to freeze control preserve)

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Entry without warrant to arrest person unlawfully at large- s7

If you have reasonable grounds to suspect that the person is unlawfully at large and to believe that the person is in a place or vehicle - you may enter without warrant to search and arrest

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Entry without warrant to avoid loss of offender or evidential material - s8

If you have reasonable grounds to suspect that a person committed an offence punishable by imprisonment and believe that the person is in that place or vehicle and believe that if entry is not effected immediately either or both may occur
The person will leave
Evidential material CADD

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Stopping a vehicle to find persons unlawfully at large
reasonable grounds to suspect that a person is unlawfully at large has committed and offence punishable by imprisonment and you have reasonable grounds to believe that person in the vehicle.

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s21 Warrantless search of people found in or on places or vehicles

if you conduct a search of a place or vehicle under s20 you may search any person found in or on - may use force that is reasonable for the purpose of that search

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Who can authorise a road block under S&S

Senior Constable. For this senior constables means a constable who holds the rank of sergeant or higher and includes any constable who is acting.

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s30 - Warrantless roadblocks

has reasonable grounds to believe that in or on a vehicle there is a person who that have reasonable grounds to suspect has committed and offence punishable by imprisonment or is unlawfully at large and has reasonable grounds to suspect that the vehicle will travel past the place where the road block is proposed and is satisfied the safety of all road users will be ensured

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s112 - Seizure of items of uncertain status and in plain view

Exercising a search power and you are uncertain whether any item found may be lawfully seized and it is not reasonable practicable to determine when search takes place you may remove the item for analysis or examination

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s123 - seizure of items in plain view

As part of your duties exercise a search power or conducting a lawful search of a person or are lawfully in any place or in or on a vehicle you may seize any items you (or anyone assisting you) find in the course of carrying out the search or as a result of observations at that place or in or on the vehicle and you have reasonable grounds to believe that you could seize the item under and search warrant that you could have obtained or any other search power you may exercise

Who can issue a search warrant, who are issuing officers

District court judge
High court judge
A JP
Community magistrate
or registrar or deputy registrar who has been authorised by the attorney general

When can a search warrant be issued

When the issuing officer has reasonable grounds to suspect that an offence specified in the application and punishable by imprisonment has been is being or will be committed and
believe that a search will locate evidential material relating to the offence specified

Can oral applications for search warrants be given

yes

When does a search warrant report be completed by

report on the execution of a search warrant as soon a practicable preferably before the end of shift and generally no later than 3 days after the power has been exercised

Do you need to complete an issuing officer report

only if requested and within the time frame specified by the issuing officer

What is the period for which the warrant is sought

normally 14 days from the date of issue, but may be up to 30 days where applied for and authorised by the issuing officer

Can you request to be able to execute the search warrant on more than one occasion

yes, but must state the reasons why you believe this is necessary

CHIS and search warrants

The issuing officer must not request the applicant to disclose the name, the address any other identifying detail of an informant unless the such information is necessary for the issuing officer to assess either The credibility of the informant and/or whether there is a proper basis for issuing the warrant

s117 - Special power when search warrant is pending

the application has not yet been granted or refused an you believe that before the search warrant can be issued evidential material may be CADD or removed enter and secure secure any items direct any person to assist May only exercise powers under 117 until the following occurs the expiry of 6 hours after the power was first exercised the search warrant is available the application has been refused

If you have a stat power to search should you use it if you also have consent

always use stat power if available

Purposes for consent search

to prevent commission of offence to investigate whether an offence has been committed to protect life or property to prevent injury or harm

What may you ask a person to consent a search of

Themselves a place a vehicle a thing under their apparent control

Advise for consent search

determine that the search is for a purpose advise the person of the reason advise the person they may either consent or refuse

When is a consent search unlawful

it is not for a purpose set out in the act you fail to give the required advice consent if given by a person who does not have authority

Can a person under 14 years consent to a search

No, unless they are driving a vehicle and there are no passengers over 14 who has authority over the vehicle and is able to consent to the search

Seized or produced things may be held in police custody until the first of the following occurs

Decision not to bring proceedings The item is forfeited to the crown or any other person The district court orders release Proceedings have not started within 6 months of the seizure and the person has requested its return (application for an extension can be made) Proceedings are withdrawn or dismissed Is disposed of as an unlawful item

Do you have to report on production orders

no, there is no requirement

When a Surveillance device warrant is required (times of observations)

The observation is more than 3 hours in a 24 hr period or 8 hours in total

Do you need a surveillance device warrant when making a covert audio recording of communication between two or more people if one person consents

When must you report to a judge about the use of the surveillance warrant

Within a month of the last day the surveillance device was used

What is a declaratory order

An order a judge uses to test new procedures, most likely for new technologies. Provides a way of testing the reasonableness of a new investigative technique

What is an examination order

Is a court order requiring a person to answer questions where they have previously offered an opportunity and declined

U/l at large defined by search and surveillance

Has an arrest weta (excluding fines weta) Has escaped from prison or is absent without leave Has escaped from lawful custody Is a special patient or is a restricted patient and has escaped or failed to return from leave Is a care recipient or special care recipient and has escaped or failed to return from leave Is a young person who is subject of a youth court supervision with residence order and they are abscond owning from cyfs custody