Search And Surveillance Flashcards
Section 15 Search and Surveillance Act 2012
A constable may enter and search a place without warrant if reasonable grounds:
a) To suspect offence punishable by 14 years of imprisonment has been, is being or about to be committed.
b) To believe evidential material relating to offence is in that place;
and if entry delayed to get a search warrant, the evidence will be CADD
Section 16 Search and Surveillance Act 2012
Search a person in a public place if they have reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment to a term of 14 years or more.
Section 17 Search and Surveillance Act 2012
May enter and search a vehicle in a public place if believe on reasonable grounds that evidential material relating to an offence punishable by a term of imprisonment of 14 years or more is in or on the vehicle.
Section 112 Search and Surveillance
Items of Uncertain Status
If executing a search power and are uncertain whether any item found may be lawfully seized AND it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search is, you can remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.
Section 117 Search and Surveillance 2012
Freeze Scene
May enter and secure place or vehicle and any items found in that place or vehicle if CADD is believed to occur while:
- Search Warrant is about to be made, or
- Has been made and not yet granted or refused by issuing officer
- Officer is at place or vehicle subject to the warrant.
Powers end when one of the following occurs:
1) the expiry of 6 hours
2) Warrant is available to be executed
3) Warrant is refused
Section 123 Search and Surveillance
Items in Plain View
If an officer is exercising a search power or lawful search of a place, vehicle or person and see’s any item in plain view that could be seized under any search warrant or power, he can seize that item.
Section 45 Search and Surveillance 2012
What you must be doing if you use trespass surveillance and interception device
If obtaining evidential material in relation to any offence punishable by a term of 7 years or more imprisonment or any specified Arms Act 1983 Offence.
Section 46(1)(e) S&S Act 2012
What can you do without a surveillance device warrant?
- Observe private activity without a surveillance device from a public place.
- Observe private activity in curtilage of private premises by means of surveillance device for a single investigation, or a connection series of investigations, for a period of observation that does not exceed:
i) 3hrs in any 24 hr period, or
ii) 8 hours in total
Section 47
When you don’t need a warrant
(a) Being lawfully in a private premises, Recording what you observe and hear
(b) Recording voluntary oral communication between 2 or more persons with the consent of at least one of them
Section 48
Emergency powers
Emergency situations
May use a device for a period not exceeding 48 hours from when the device is used if he is entitled to a apply for one and obtaining a sdw in that time is impracticable
Must begin the process of obtaining one straight away, otherwise could be unlawful
Curtilage
The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’. It defines the boundary within which a home owner can have a reasonable expectation of privacy and where ‘common home activities’ take place.
Surveillance device I.T.S
An inception device
A tracking device
A visual surveillance device
Visual Surveillance Device
(a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record, a private activity;
but
(b) does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.
Private Activity
Activity that, in the circumstances, any 1 or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants.
Private Premises
Means a private dwelling-house, a marae, and any other premises that are not within the definition of non-private premises.
