Search and Surveillance Act Flashcards
What is the hierarchy of searches?
- Search with written warrant
- Search with oral warrant
- Warrantless search
- Consensual search
s125 are the rules and obligations when searching persons. What are the obligations?
NAR
- Identify yourself
- State the name of the Act
- State the reason for the search
What is section 85?
Rub-down search of arrested or detained person.
What obligations must you follow when conducting a s85 search?
Section 125 (NAR)
- Identify yourself
- State the name of the Act
- State the reason for the search
What is section 88 of the Search and Surveillance Act?
Warrantless search of arrested or detained person for evidential material.
For a Section 88 search, you must have RGTB there is anything ON or CARRIED by the person that:
- May be used to harm any person
- May be used to facilitate escape
- Is evidential material relating to the offence they’ve been arrested for.
Reasonable grounds to suspect (RGTS)…
Having a sound basis for SUSPECTING a situation or circumstance actually exists.
Reasonable grounds to believe (RGTB)…
Having a sound basis for BELIEVING that a situation or circumstance actually exists.
What is section 11 of the Search and Surveillance Act?
Warrantless searches of people who are, or are to be, locked up in police custody.
What are 3 examples of locked up?
- Interview room
- Cell
- Charge room
What is the purpose of a section 11 search?
To protect the detained persons property and remove items that might be used to harm themselves or others.
What does section 11(3) relate to?
The occasions where you may search a person AFTER being locked up.
What are 4 occasions when you may search a person AFTER being locked up? (s11(3))
- The person was not searched beforehand.
- You reasonably SUSPECT that they have been close to a person who has not been locked up in Police custody.
- You reasonably SUSPECT they have been close to a person who has been locked up but not searched yet.
- You have RGTB the person may have anything that may be used to harm themselves or others.
What are the obligations of a section 11 search?
Use section 125 of the Search and Surveillance Act. (NAR)
- You do not need to comply with s125 if conducting a 11(3) search.
What is section 13 of the Search and Surveillance Act?
Property taken from people locked up in Police custody.
When must money/property be returned to a person for items taken under a s11 search?
Upon release.
- if custody changes, the money/property MUST be delivered to the person taking over custody.
Note: this relates to section 13
What sections of the Search and Surveillance Act 2012 relate to consent searches?
s91 - s96
Do consent searches exercise a search power?
No, there is no requirement to complete an online notification (s169) or comply with the requirements of sections 110, 125 or 131.
What is section 92 of the Search and Surveillance Act?
Purposes for which consent search may be undertaken.
What are the purposes for a consent search? (Must have one or more)
- 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.
What can people consent to a search of under section 92?
- themselves
- a place
- a vehicle
- a thing apparently in their control
What is section 93 of the Search and Surveillance Act?
Advice that must be given before consent search undertaken.
- 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
What is section 94 of the Search and Surveillance Act?
Circumstances where search is unlawful.
- it is not for a purpose set out in s92
- you fail to give the required advice as set out in s93
- consent is given by a person who does not have the authority to consent
Under section 95, what are persons under 14 unable to consent to the search of?
- a place
- a vehicle
- other thing
What does S.P.E.W relate to?
Unlawfully at large. (Section 7)
What does S.P.E.W stand for?
Statutory care - absconder
- care recipient (intellectual disability)
- custody of chief executive Oranga Tamariki
Patient - Mental
- special (criminally insane)
- restricted (dangerous)
Escapee - lawful custody
- corrections
- police
Wanted on warrant (non fines)
- warrant to arrest
What sections fall under the s125 (NAR) umbrella?
85
88
11
13
Using a search power in relation to a place or vehicle or other thing (with or without a warrant) you must use NAIR for identification and notice requirements. What is the section?
Section 131
- before initial entry you must: NAIR
What does NAIR stand for?
- Name (identify yourself)
- State the Act
- Announce your intention to enter and search the place, vehicle or other thing.
- provide proof of identity if not I Police uniform
What must you provide the occupier of the place, vehicle or thing before or on initial entry?
- copy of search warrant
Or
- (if no warrant) the name of the act and reason for search, unless it is impracticable.
When would it be impracticable to give initials details under section 131?
If you have RGTB that:
- no person is lawfully present
Or
- complying with these requirements would
- endanger any persons safety
- prejudice the successful use of the search and entry power
- prejudice ongoing investigations
When must you leave a copy of the search warrant or leave a written notice (POL form) stating the act and reason for search?
If you undertook a search and the occupier or person in charge of the vehicle or other thing was not present.
Why is section 110 of the Search and Surveillance Act?
Power incidental to search of places and vehicles.
Every search powers authorises you to
- enter and search
- request assistance
- use reasonable force
- seize
- bring and use (any equipment, or equipment found on place, vehicle or other thing. Can use electricity)
- bring and use (trained law enforcement dog)
- copy (any documents that may be lawfully seized)
- use reasonable measures (to access computers and other data storage)
- copy (the intangible material described above)
- take (photographs, drawings, sound and video recordings)
What is section 113 of the Search and Surveillance Act?
Power of persons called to assist.
A constable may call for assistance with exercising a search power and must:
- accompany (any assistant the first time they enter)
- supervise (any assistant in a reasonable manner for the circumstances (if they are not a constable))
Does a person assisting the execution of a search power have the same authority?
Yes, they may enter and search, use reasonable force, seize, ect.
What section is the emergency power that is, Warrantless entry to prevent offences or respond to risk of life or safety?
Section 14
If you have RGTS 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
What may you do under section 14?
- enter the place or vehicle without warrant
And - take any action that you have RGTB is necessary• to prevent the offending from being committed or continuing
Or
• to avert the emergency
What is section 7 of the Search and Surveillance Act?
Entry without warrant to arrest person unlawfully at large (S.P.E.W)
If you have:
- RGTS that a person is unlawfully at large
And
- RGTB that the person is in a place or vehicle
You may:
- enter the place or vehicle without a warrant to search for and arrest that person.
Entry without warrant to avoid loss of offender or evidential material is what section of the Search and Surveillance Act?
Section 8
If you have:
- RGTS that a person has committed an offence punishable by imprisonment for which they may be arrested without warrant
And
- RGTB that the person is in a place or vehicle
And
- RGTB 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.
What are the obligation for a section 7 and section 8 arrest?
s131
- NAIR (place, vehicle or other thing)
s125
- NAR (person arrested or detained)
s169
- complete online notification
s129 (if you stop a vehicle)
- NAIR
What is section 83 and what does it relate to?
Entry without warrant after arrest.
- relates to entering a place without warrant to search for evidential material whether or not the person was arrested there. (RGTB)
What are the obligation for section 83?
- s131 (NAIR)
- s169 (complete online form)
What is section 84 of the Search and Surveillance Act?
Warrantless entry and search of vehicle after arrest.
If you have RGTB:
- 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.
If a car is parked in the garage or driveway of a house, does it come under section 83 or section 84 of the Search and Surveillance Act?
Section 83. A carked parked at a private residence is not considered in a public area. (Section 84 is only intended to allow a search of vehicle in a public place)
‘Seizure of items in plain view’, is what section?
Section 123
You may seize any item found:
- in the corse of carrying out the search
Or
- as a result of observations at that place or in or on the vehicle
And you have RGTB you could have seized the item under:
- any search warrant that you could have obtained
Or
- any other search power you may exercise
Section 112 is?
Items of uncertain status may be seized.
- if you are unsure if an item may be lawfully seized you may remove it for analysis or examination.
What section is, ‘Power to search vehicles without warrant for stolen property’?
Section 29.
If you have RGTB that:
- any stolen property is in or on any vehicle
You may:
- search the vehicle without warrant
(Intended for public place)
What are section 29 obligations?
- s131 (NAIR)
- s129 (NAIR as soon as you stopped vehicle)
- s169 (complete online notification)
