Search and Surveillance

Question 1

DICES Stands for ?

Answer 1

D-Damages>Any article that is likely to damage police property

I-Injury>Any article that could be used to injure the arrested person, member
of police, or any other person

C-Corroborative Evidence>Any article that may be used as evidence to prove an offence with
which the person is to be charged

E-Escape>Any weapons or articles likely to be used to effect an escape

S-Safe Custody>We have a duty to safeguard all the property of prisoners who are
incapable of protecting their own property while in custody

Question 2

Rules and obligations when searching persons (s125)
RAN/RAIN
Reason
Act 
Intention 
Name

Answer 2

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

Question 3

s131 place or vehicle or other thing

Answer 3

Identification and notice requirements
• identify yourself by name or unique identifier
• announce your intention to enter and search the place, vehicle or other thing
under the Search and Surveillance Act 2012 or any other statutory power
• if you are not in Police uniform, provide proof of identity.

Question 4

Rules and obligations when searching persons (s125) you must ?

Answer 4

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

Question 5

Reporting use of powers (s169)
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:

Answer 5

• 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.

Question 6

You do not need to report on:Reporting use of powers (s169) if?

Answer 6

• 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).

Question 7

(s110)

Answer 7

Power incidental to search of places and vehicles

Every search power authorises you to:
enter and search the place, vehicle or other thing that you are
authorised to enter and search and any items
found in that place, vehicle or other thing (at any
reasonable time)
request assistance with the entry and search (from any person)
use reasonable force on property only to search and lawfully seize
seize anything that is the subject of the search or
anything else that may be lawfully seized
bring and use any equipment, or use any equipment found on
the place, vehicle or other thing. You may also use
electricity from the place, vehicle or other thing to
operate the equipment used for entry and search
bring and use a trained law enforcement dog and its handler in or
on the place, vehicle or other thing being searched
copy any documents that may be lawfully seized
use reasonable measures to access a computer system or other data storage
device located (wholly or in part) at the place,
vehicle, or other thing if any intangible material that
is the subject of the search may be in that computer
system or device
SEARCH AND SURVEILLANCE ACT 2012 | 17
POWERS INCIDENTAL TO SEARCH
Every search power authorises you to:
copy the intangible material described above or any
other material that may lawfully be seized. This
includes previewing, cloning, or using other
forensic methods either before or after removal or
examination
take photographs, drawings, sound and video recordings
of the place, vehicle or other thing being searched
and anything found there if you have reasonable
grounds to believe they may be relevant to the
purposes of the entry and search

Question 8

s14

Answer 8

Warrantless entry to prevent offences or respond to risk to 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.

Question 9

s7 -

Answer 9

Entry without warrant to arrest 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.

Question 10

s8 -

Answer 10

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.

Question 11

s9 -

Answer 11

Stopping a vehicle to find persons unlawfully at large or who have committed
certain offences (imprisonable offences

If you have reasonable grounds to suspect that a person is:
• unlawfully at large
or
• has committed an offence punishable by imprisonment
and
• you have reasonable grounds to believe the person is in or on a vehicle
you may:
• stop the vehicle without warrant to arrest the person.

Question 12

s10 -

Answer 12

Powers and duties of constable after vehicle stopped

If you are exercising the stopping power under s9 you may:
• require any person in or on the vehicle to supply all or any of their name, address,
other contact details and DOB if you have reasonable grounds to suspect:
– they are unlawfully at large
or
– they have committed an offence punishable by imprisonment.
You may also:
• search the vehicle to locate the person the vehicle was stopped for if you have
reasonable grounds to believe that person is in or on the vehicle
• search the vehicle to locate evidential material in relation to any offence in
respect of which the vehicle was stopped if the person sought:
– has been arrested
or
– is seen fleeing from the vehicle before they can be arrested.
If the driver is not the person the vehicle was stopped for you must tell the driver the
object of the proposed search before conducting the search.

Question 13

s29 -

Answer 13

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

Question 14

s17 -

Answer 14

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

Question 15

s83 -

Answer 15

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).

Question 16

s84 -

Answer 16

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).

Question 17

s123 -

Answer 17

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

Question 18

s85 -

Answer 18

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.

Question 19

s85(2) - Process

Answer 19

Rub-down search process of arrested or detained personIf you are conducting a rub-down search you may do any or all of the following:
• run or pat your hand over the body of the person being searched whether
outside or inside the clothing (other than the underclothing)
• insert your hand inside any pocket or pouch in the clothing of the person being
searched (other than the underclothing).
For visual inspection, you may require the person being searched to:
• open their mouth
• display the palms of their hands
• display the soles of their feet
• lift or rub their hair.

Question 20

s86 -

Answer 20

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.
Note:
Items of clothing removed from the person can also be searched separately.
Any items carried by or in the possession of the person being searched at the
time of the search are also included in the search: s86(2)(a).
This means a bag carried by the person can be searched but the search would
not extend to the search of a vehicle.

Question 21

s87 -

Answer 21

Rub-down search may include visual examination

A rub-down search may include:
• a visual examination of the mouth, nose and ears
but you must not:
• insert any instrument, device or thing into any of those orifices.
You may use an instrument or device to illuminate or magnify any of those orifices.

Question 22

s88 -

Answer 22

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.

Question 23

s11 -

Answer 23

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.
s11(3)
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.

Question 24

s13 -

Answer 24

Property taken from people locked up in Police custody

If you take money and/or items of property from a person under s11, you must
return them when the person is released from custody, unless you consider that:
• any money or property may need to be given in evidence in proceedings arising
out of a charge brought against the person
or
• possession of any money or property may 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.

Question 25

The following advice will help you to avoid having to use force:

Answer 25

• If at all possible and it is safe to do so, remove the person from the
public eye.
• Explain what you intend to do and why.
• When asking someone to carry out a task (for example, lean against a
wall, put their hands in the air), ensure you speak clearly and concisely so
they are in no doubt as to what you require them to do.
• Be polite. The prisoner may be upset but you must remain professional
at all times.
• The use of force is the last resort. Try to get compliance using good
communication skills. If this does not work, then reasonable force may be
used to carry out the search.
• If the person is detained under an enactment and or to be searched under a
warrantless power, you should use AWOCA to warn the person that they
will be arrested for obstruction. If they fail to respond appropriately,
arrest for obstruction.

Question 26

By law, you can search a person only when:

Answer 26

• they are under lawful arrest, or
• they are detained under an enactment, or
• they have given consent to the search, or
• they can be searched under a specific power of search.

In practice:
• Search the prisoner and any bag they may be carrying before you return
them to the police station.
• If your prisoner is not handcuffed, keep a close eye on them while you
return to the station to ensure they do not hide property in your car or
somewhere else.
• Always search your car immediately after a prisoner has been removed.

Question 27

Outline the practical methods of searching a person.
In any search,
you must demonstrate that it is:Basic search
method

Answer 27

Safe Your search is appropriate for the size and demeanour of the person
being searched – always considering your own safety

Controlled You have control of the person being searched. This may need to be
by way of physical control but can also be achieved through
communication

Thorough The search is sufficiently thorough to recover any evidential items or
anything capable of being used to render harm to the person being
searched or any other persons or property

Question 28

Gender issues The golden rule is

Answer 28

• If the prisoner is a male, he will be searched by a male.
• If the prisoner is a female, she will be searched by a female.
However, a member or person of the opposite sex to the person being
searched may conduct or assist in a general search only if there is no practical
alternative; that is, because a member of the same sex is not available within a
reasonable time.

Question 29

TRANSGENDER rule or searching ?

Answer 29

Person to be searched by
the same sex as they wish
to be identified by

Question 30

Explain why it is important to search a prisoner

Answer 30

Searching a prisoner is an important task that, if not completed thoroughly,
could result in:
• vital evidence being lost, or
• you or some other person being injured.
An unfocused search is likely to be sloppy and casual. Keep the following in
mind to help you focus on the task.

Question 31

Tabulate 4 suggestions that may prevent you having to use force to carry
out a search.

Answer 31

• If at all possible and it is safe to do so, remove the person from the
public eye.
• Explain what you intend to do and why.
• When asking someone to carry out a task (for example, lean against a
wall, put their hands in the air), ensure you speak clearly and concisely so
they are in no doubt as to what you require them to do.
• Be polite. The prisoner may be upset but you must remain professional
at all times.
• The use of force is the last resort. Try to get compliance using good
communication skills. If this does not work, then reasonable force may be
used to carry out the search.
• If the person is detained under an enactment and or to be searched under a
warrantless power, you should use AWOCA to warn the person that they
will be arrested for obstruction. If they fail to respond appropriately,
arrest for obstruction.

Question 32

Outline the Police obligations under section 21 of the New Zealand Bill of
Rights Act 1990.

Answer 32

The New Zealand Bill of Rights Act 1990 section 21 sets out everyone’s right
to be secure against unreasonable search and seizure, whether of the person,
property, correspondence or otherwise. This sets into law the necessity for
police to use their powers of search and seizure lawfully and correctly, and
prohibits indiscriminate searches.

Question 33

List the precautions you should take when handling sharp objects?

Answer 33

For health and safety reasons, it is good practice to consider the following
precautionary measures when searching people.
• Always wear latex or other suitable gloves.
• Manage risk – think before you act. Try to anticipate potential health and
safety issues; for example, situations in which sharp objects, such as
knives, needles or syringes, may be concealed.
• When searching a person, take special care to avoid injuries from
concealed sharp objects. The person could be asked to:
− empty out their own pockets
− remove and shake out their shoes
− run their hands through their hair
− turn down their collar, cuffs, sleeves or other parts of their clothing
where sharp objects may be concealed.
• Avoid using a ‘pat down’ technique. Move your hands slowly and
carefully to minimise the risk of injury through contact with sharp objects.

Question 34

Under what circumstances would you conduct a strip search?

Answer 34

On occasions – for example, where concealed drugs and/or weapons are
suspected – it may be necessary to strip search the prisoner.
Strip or full body searches significantly disrupt a person’s dignity and privacy
and therefore there must be good reason(s) for such a search

Question 35

How can the principles of Prevention First be applied to Searching of
Prisoners?

Answer 35

To prevent harm to any person or to
facilitate an escape.
The person arrested has caused violence or you
believe them to be capable of violence. A search
for potential weapons would be justified

Question 36

Who can search
people in Police
custody?

Answer 36

People in Police custody can only be searched by:
• employees holding the office of constable
• employees authorised by warrant under section 24 Policing Act 2008
(Authorised Officers) to perform one of the policing roles set out in
Schedule 1 giving them the powers of a constable to search a person (i.e.
Police jailers, escorts, guards or specialist crime investigators)
• other searchers requested by the Police employee in charge of the place or
vehicle where the person is detained, to search a specific person.

Question 37

Full body or internal

search

Answer 37

Note:
The person being searched must voluntarily consent
to an internal search or examination before one can
be carried out.