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RNZPC Quiz > Search and Surveillance > Flashcards

Search and Surveillance Flashcards

1
Q

Section 125

A

Rules and obligations when searching persons (Ran)

  • identify yourself by name or unique identifier.
  • advise the person being searched of the name of the Act and reason for the search (unless this is impractical in the -circumstances)
  • provide evidence of your identity if not in Police uniform. –promptly provide an inventory of items seized, and give a copy to the person you have searched
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2
Q

Section 85

A

Rub down search of arrested or detained persons.

You may carry out a rub-down search of a person when:
• the person is arrested
or
• detained under a statutory power of detention (any enactment)

to ensure that the person is not carrying anything that may be used to:
• harm any person
or
• facilitate the person’s escape.

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3
Q

Section 88

A

Warrantless search of arrested or detained persons (for evidential material)

You may search a person pursuant to arrest or statutory detention if you have reasonable grounds to believe the person is carrying anything that:
•is evidential material relating to the offence in respect of which the arrest is made
or the person is detained
or
•may be used to harm any person
or
•may be used to facilitate the person’s escape.

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4
Q

Section 11

A

Warrantless searches of people who are, or are to be, locked up in Police custody

You may conduct a warrantless search of any person who has been taken into lawful custody and is or is to be locked up:
• at a Police station
or
• in other premises being used for Police purposes
or
• in or about to be placed in a vehicle being used for Police purposes.

You may conduct a warrantless search under this power before the person is locked up

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5
Q

Section 86

A

Things that can be done to facilitate a rub-down search

When you are conducting a rub-down search you may require the person being
searched to:
• remove, raise, lower or open any outer clothing such as a:
– coat
– jacket
– jumper
– cardigan
• being worn by that person except where the person has no other clothing, or
only underclothing under the outer clothing and
• remove any:
– head covering
– gloves
– footwear
– socks
– stockings.

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6
Q

Section 13

A

Property taken from people locked up in police custody

All money and every item of property taken from a person under section 11 must be returned to him or her when he or she is released from custody, except for the following:

(a) any money or property that, in the opinion of a constable, may need to be given in evidence in proceedings arising out of a charge brought against the person:
(b) any money or property whose possession may, in the opinion of a constable, constitute an offence.

If the person is released from Police custody and placed in the custody of another person, money and property taken from them must be delivered to:
• the person who is taking over custody
or
• the person in charge of the facility the person is being moved to
unless
• any of the points about money or property above apply.

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7
Q

Section 92

A

Purposes for which consent search may be undertaken

You may conduct a consent search for one or more of the following purposes:

  • to prevent the commission of an offence
  • to investigate whether an offence has been committed
  • to protect life or property
  • to prevent injury or harm.
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8
Q

Section 93

A

Advice that must be given before consent search undertaken

Before you undertake a consent search you must:

  • determine that the search is for a purpose authorised by s92 and
  • advise the person of the reason for the proposed search and
  • advise the person that they may either consent to be searched or refuse to be searched.
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9
Q

Section 94

A

Circumstances where search is unlawful

A search by consent is unlawful if:
• it is not for a purpose set out in s92
or
• you fail to give the required advice as set out in s93
or
• consent is given by a person who does not have the authority to consent.

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10
Q

Section 95

A

Ability of persons under 14 years to consent to searches of places, vehicles or other things.

Persons under 14 years of age are unable to consent to the search of:

• a place
or
• a vehicle
or
• other thing
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11
Q

Section 110

A

Powers incidental to search of places and vehicles
enter and search
request assistance
use reasonable force
seize
bring and use
copy any documents that may be lawfully seized
use reasonable measures
copy the intangible material described above or any
other material that may lawfully be seized.
take

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12
Q

Section 14

A

Warrantless entry to prevent offences or respond to risk of life or safety.

If you have reasonable grounds to suspect that in relation to a place or vehicle:
• an offence is being committed, or is about to be committed that would be likely to cause:
– injury to any person
or
– serious damage to or serious loss of, any property
or
• there is a risk to the life or safety of any person that requires an emergency response

you may:
• enter the place or vehicle without warrant
and
• take any action that you have reasonable grounds to believe is necessary
– to prevent the offending from being committed or continuing
or
– to avert the emergency.

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13
Q

Section 7

A

Entry without warrant to arrest a person unlawfully at large

If you have reasonable grounds:
• to suspect that a person is unlawfully at large
and
• to believe that the person is in a place or vehicle

you may:
• enter the place or vehicle without warrant to search for and arrest that person.

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14
Q

Section 8

A

Entry without warrant to avoid loss of offender or evidential material.

If you have reasonable grounds to:
- suspect that a person has committed an offence punishable by imprisonment for which they may be arrested without warrant and
- believe that the person is in a place or vehicle and
-believe that, if entry is not effected immediately, either or both of the following may occur:
– the person will leave the place or vehicle to avoid arrest
– evidential material relating to the offence for which the person is to be arrested will be concealed, altered, damaged or destroyed.

you may:
• enter that place or vehicle without warrant
and
• search for and arrest the person you suspect has committed the offence.

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15
Q

Section 83

A

Entry without warrant after arrest

If you have arrested a person and have reasonable grounds to believe that:
• evidential material relating to the offence for which the person was arrested is at a place and
• if entry is delayed in order to obtain a search warrant, the evidential material will be concealed, altered, damaged or destroyed

you may:
• enter that place without warrant to search for the evidential material (whether or not the person was arrested there).

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16
Q

Section 84

A

Warrantless entry and search of vehicle after arrest

If you have arrested a person and have reasonable grounds to believe that:
• evidential material relating to the offence for which the person was arrested is in or on a vehicle

you may:
• enter and search that vehicle for the evidential material without warrant (whether or not the person arrested was with the vehicle).

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17
Q

Section 123

A

Seizure of items in plain view

If you, as part of your duties:
• exercise a search power or
• are conducting a lawful search of a person or
• are lawfully in any place or in or on a vehicle
you may seize any item(s) 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 have seized the item
under:
• any search warrant that you could have obtained
or
• any other search power you may exercise

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18
Q

Section 29

A

Power to search vehicles without warrant for stolen property

If you have reasonable grounds to believe that:
• any stolen property is in or on any vehicle

you may:
• search the vehicle without warrant

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19
Q

(Section 179) Offence to disclose information acquired through search or surveillance you MUST NOT

A

Knowingly disclose the substance, meaning, or significance of that information, or any part of that information, other that in the performance of your duties, functions, or powers.

20
Q

Section 175

A

False application for examination order, production order, search warrant, surveillance device warrant, or declaratory order

Every person commits an offence and is liable on conviction to imprisonment for a
term not exceeding 1 year who makes an application for an examination order,
production order, search warrant, surveillance device warrant, or declaratory order
that contains any assertion or other statement known by the person to be false.

21
Q

Section 131

A

Identification and notice requirements (RAN)

22
Q

Section 169

A

Reporting use of powers

When you use a warrantless power of entry, search or surveillance you must report this by completing an online notification form as soon as practicable.

The notification must contain:
• a short summary of the circumstances
• the reasons you needed to exercise the warrantless power
• whether any evidential material was seized
• whether any criminal proceedings have been brought or are being considered as a consequence of seizing that evidential material.

You do not need to report on:
• a search of a person following their arrest or a search of a person following their
detention under any other enactment (ss85 or 88)
• a search of a person in lawful custody (s11)
• a consent search (ss91-96)
• the exercise of a power of entry that does not confer a power of search (such as s14 – entry to prevent offence or respond to risk to life or safety).

23
Q

Section 9

A

Stopping vehicle to find persons unlawfully at large or who have committed certain offences.

A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds—

(a) to suspect that a person—
(i) is unlawfully at large; or
(ii) has committed an offence punishable by imprisonment; and
(b) to believe that the person is in or on the vehicle.

24
Q

Section 10

A

A constable exercising the stopping power under section 9 may do any 1 or more of the following:

(a) require any person in or on the vehicle who the constable has reasonable
grounds to suspect is unlawfully at large or has committed an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth:
(b) search the vehicle to locate the person referred to in section 9, if the constable has reasonable grounds to believe that the person is in or on the vehicle:
(c) search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under section 9, if the person referred to in section 9—
(i) has been arrested; or
(ii) is seen fleeing from the vehicle before he or she can be arrested.

25
Q 
Section 121(1)
Section 121(2)
A

Stopping a vehicle without a warrant for purposes of search.

If you are satisfied that there are grounds to conduct a warrantless search under this Act, you may:
• stop a vehicle to conduct the warrantless search.

s121(2) - Stopping a vehicle to execute a search warrant
If you are satisfied that a search warrant has been issued under this Act and it is in force, you may:
• stop a vehicle to execute the search warrant.

26
Q

Section 122

A

Moving a vehicle for the purpose of search or safekeeping

If you find or stop a vehicle and you have:
• lawful authority to search the vehicle, but it is impracticable to do so at that place
or
• reasonable grounds to believe that it is necessary to move the vehicle for safekeeping you may:
• move the vehicle to another place.

27
Q

Section 128

A

Duty to remain stopped

If you exercise a power to:
•	 stop a vehicle
or
•	 search a vehicle
you may require the vehicle to remain stopped for as long as is reasonably necessary to exercise any powers in relation to:
•	 the vehicle
or
•	 the occupants of the vehicle
28
Q

Section 129

A

Duty to provide information

If you exercise a power to stop a vehicle, as soon as you have stopped it, you must provide the driver with:
• your name or unique identifier
and
• the Act under which the search is taking place and the reason for the search unless it is impracticable to do so in the circumstances
and
• proof of your identity if you are not in Police uniform (Police policy).

29
Q

Section 27

A

Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected

A constable who has reasonable grounds to suspect that a person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances) may, without a warrant, search the person.

30
Q

Section 28

A

(1) A constable who has reasonable grounds to suspect that the circumstances in subsection (2) exist in relation to a vehicle may search the vehicle.
(2) The circumstances are that—
(a) a person travelling in the vehicle or who has alighted from it is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances); and
(b) the vehicle contains a knife, offensive weapon, or disabling substance.

31
Q

Section 15

A

Entry without warrant to find and avoid loss of evidential material relating to certain offences

If you have reasonable grounds to suspect that:
• an offence punishable by imprisonment for a term of 14 years or more:
– has been committed or
– is being committed or
– is about to be committed

and you have reasonable grounds to believe that:
• evidential material relating to the offence is in a place
and
• if entry is delayed in order to obtain a search warrant, the evidential material will
be concealed, altered, damaged or destroyed

you may:
• enter and search the place without a warrant.

32
Q

Section 16

A

Searching people in public place without warrant for evidential material relating to certain offences

If a person is in a public place and you have reasonable grounds to believe that:
• the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more

you may:
• search the person without warrant.

33
Q

Section 17

A

Warrantless entry and search of a vehicle for evidential material relating to certain offences

If a vehicle is in a public place and you have reasonable grounds to believe that:
• evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle

you may:
• enter and search the vehicle without warrant.

34
Q

Section 113

A

A constable may call for assistance with exercising a search power and must:

accompany any assistant the first time the assistant enters the place, vehicle or other thing to be searched (if they
are not a constable)

supervise any assistant in a reasonable manner for the
circumstances (if they are not a constable)

35
Q

Section 116

A

Securing a place, vehicle or other thing to be searched

s116(1)(a)
If you are carrying out any search of a place, vehicle or other thing, you may, in a reasonable manner and for a reasonable duration:
• secure the place, vehicle or other thing being searched
• secure any area in or on that place, vehicle or other thing
• secure any items found in or on that place, vehicle or other thing.

116(1)(b)
If you believe a person will obstruct or hinder any of the powers above, you may, in a reasonable manner and for a reasonable duration:
• exclude any person from the place, vehicle or other thing being searched
• exclude any person from any area within the place, vehicle or other thing
• give any reasonable direction to such a person.

36
Q

Section 117

A

Special power where a search warrant is pending

If a search warrant application is about to be made or is being made:
and
• the application has not yet been granted or refused
and
• you believe on reasonable grounds that before the search warrant can be issued evidential material may be concealed, altered, destroyed, damaged or removed
then at any time that is reasonable in the circumstances you may:
• enter and secure the place, vehicle or other thing
and
• secure any item or items found there
and
• direct any person to assist with the entry and securing of the place or vehicle or other thing or securing of items in it

37
Q

Section 118

A

Powers of detention incidental to powers to search places and vehicles (s118)

s118(1)
If you exercise a search power in relation to a place or vehicle
and
you need to determine if there is any connection between a person at the place or in or on the vehicle and the object of the search, then you may:
• detain any person who:
– is in that place or in or on the vehicle at the start of the search
or
– arrives at the place while the search is being carried out
or
– stops at, or enters, or tries to enter the vehicle while the search is being carried out.

When detaining a person you may:
• detain them for a reasonable period but for no longer than the duration of the search: s118(2)
• use reasonable force to effect and continue the detention of the person at the search scene: s118(4).

38
Q

Section 119

A

Powers to search persons at a place or vehicle (s119)

If you exercise a power of search in relation to a place or vehicle you may search any person:
• found at the place or in or on the vehicle
or
• who arrives at the place
or
• who stops at, or enters, or tries to enter or get into or onto the vehicle

if either
• you have reasonable grounds to believe that evidential material that you are searching for is on the person: s119(1)
or
• you have reasonable grounds to suspect that the person has in their possession a dangerous item that poses a threat to safety and you believe that immediate action is needed to address that threat: s119(2)

39
Q

Section 11(3)

A

You may also conduct a search of a person after they have been locked up if:
• the person was not searched before they were locked up
or
• you reasonably suspect that they have been close to another person who has not been locked up in Police custody
or
• you reasonably suspect that they have been close to another person who has been locked up but not searched yet
or
• you have reasonable grounds to believe that the person may have anything that may be used to harm themselves or others.

40
Q

s112 -

A

s112 - Items of uncertain status may be seized
If you are exercising a search power and:
• you are uncertain whether any item found may be lawfully seized
and
• it is not reasonably practical to determine whether the item can be seized at the place or vehicle where the search takes place
you may:
• remove the item for analysis or examination to determine whether it may be lawfully seized

41
Q

Section 20

A

20 - Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 (MODA 1975)
offences

If you have reasonable grounds to believe that in or on a place or vehicle there is:
• a controlled drug or precursor substance
and
• you have reasonable grounds to believe that it is not practicable to obtain a warrant
and
• you have reasonable grounds to suspect that in or on the place or vehicle an offence against the MODA 1975:
– has been committed or
– is being committed or
– is about to be committed
and
• you have reasonable grounds to believe that if an entry and search is not carried out immediately evidential material relating to the suspected offence will be
concealed, altered, damaged or destroyed
then you may:
• enter and search that place or vehicle without warrant.

42
Q

Section 21

A

Warrantless searches 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 the place or vehicle without a warrant.

43
Q

Section 22

A

]Warrantless power to search for controlled drugs and precursor substance if offence suspected against MODA 1975

If you have reasonable grounds to believe that a person is in possession of a controlled drug or precursor substance and
• you have reasonable grounds to suspect that an offence against the MODA 1975:
– has been committed or
– is being committed or
– is about to be committed

then you may without warrant:
• search the person.

44
Q

s120 Powers of search when suspect pursued

A

s120 Powers of search when suspect pursued
(1) If any person who may exercise a power of arrest intends to conduct a search of a
person or vehicle, but that person or vehicle leaves before the search is
undertaken or completed, the person who intended to conduct the search may,—
(a) on apprehending the person or vehicle, search the person or vehicle; and
(b) enter any place for the purpose of apprehending the person or vehicle.
(2) A person may not exercise the powers conferred by subsection (1)(a) or (b)
unless—
(a) the person was freshly pursuing the person to be searched from the location
of the intended search when the person was apprehended; and
(b) the person intending to conduct the search has reasonable grounds to believe
that relevant evidential material is still on the person who is to be searched or in or on the vehicle.

45
Q

s30 - Obtaining authorisation for warrantless road block

A

s30 - Obtaining authorisation for warrantless road block
If a senior constable (Sergeant / Acting Sergeant or higher)

• has reasonable grounds to believe that in or on a vehicle there is a person they have reasonable grounds to suspect.
– has committed an offence punishable by a term of imprisonment
or
– is unlawfully at large
and

• has reasonable grounds to suspect that the vehicle will travel past the place where it is proposed that the road block be established
and

• is satisfied that, as far as is reasonably practicable, the safety of all road users will be ensured in the area in which it is proposed that the road block be established
then the senior constable (Sergeant / Acting Sergeant or higher) may:

• authorise the establishment of a road block to arrest the person.

46
Q

s32 - Authorised road blocks implemented without warrant

A

When a road block is authorised under s30, you may:

establish: a road block at the place specified in the
authorisation

stop: vehicles at or in the vicinity of the road block
require any person in or on any vehicle stopped by the
road block, who you have reasonable grounds to
suspect has committed an offence punishable by
imprisonment, to state any or all of his or her name,
address and date of birth

search: the vehicle for the purpose of locating the person
who has committed an offence punishable by a
term of imprisonment or who is unlawfully at large
if any constable has reasonable grounds to believe
the person is in or on the vehicle.

RNZPC Quiz (24 decks)

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