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Police College > Search and Surveillance Act > Flashcards

Search and Surveillance Act Flashcards

1
Q

What is the hierarchy of searches?

A
  • Search with written warrant
  • Search with oral warrant
  • Warrantless search
  • Consensual search
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2
Q

s125 are the rules and obligations when searching persons. What are the obligations?

A

NAR

  • Identify yourself
  • State the name of the Act
  • State the reason for the search
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3
Q

What is section 85?

A

Rub-down search of arrested or detained person.

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4
Q

What obligations must you follow when conducting a s85 search?

A

Section 125 (NAR)

  • Identify yourself
  • State the name of the Act
  • State the reason for the search
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5
Q

What is section 88 of the Search and Surveillance Act?

A

Warrantless search of arrested or detained person for evidential material.

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6
Q

For a Section 88 search, you must have RGTB there is anything ON or CARRIED by the person that:

A
  • 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.
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7
Q

Reasonable grounds to suspect (RGTS)…

A

Having a sound basis for SUSPECTING a situation or circumstance actually exists.

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8
Q

Reasonable grounds to believe (RGTB)…

A

Having a sound basis for BELIEVING that a situation or circumstance actually exists.

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9
Q

What is section 11 of the Search and Surveillance Act?

A

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

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10
Q

What are 3 examples of locked up?

A
  • Interview room
  • Cell
  • Charge room
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11
Q

What is the purpose of a section 11 search?

A

To protect the detained persons property and remove items that might be used to harm themselves or others.

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12
Q

What does section 11(3) relate to?

A

The occasions where you may search a person AFTER being locked up.

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13
Q

What are 4 occasions when you may search a person AFTER being locked up? (s11(3))

A
  • 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.
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14
Q

What are the obligations of a section 11 search?

A

Use section 125 of the Search and Surveillance Act. (NAR)

  • You do not need to comply with s125 if conducting a 11(3) search.
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15
Q

What is section 13 of the Search and Surveillance Act?

A

Property taken from people locked up in Police custody.

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16
Q

When must money/property be returned to a person for items taken under a s11 search?

A

Upon release.

  • if custody changes, the money/property MUST be delivered to the person taking over custody.

Note: this relates to section 13

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17
Q

What sections of the Search and Surveillance Act 2012 relate to consent searches?

A

s91 - s96

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18
Q

Do consent searches exercise a search power?

A

No, there is no requirement to complete an online notification (s169) or comply with the requirements of sections 110, 125 or 131.

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19
Q

What is section 92 of the Search and Surveillance Act?

A

Purposes for which consent search may be undertaken.

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20
Q

What are the purposes for a consent search? (Must have one or more)

A
  • 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.
21
Q

What can people consent to a search of under section 92?

A
  • themselves
  • a place
  • a vehicle
  • a thing apparently in their control
22
Q

What is section 93 of the Search and Surveillance Act?

A

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
23
Q

What is section 94 of the Search and Surveillance Act?

A

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
24
Q

Under section 95, what are persons under 14 unable to consent to the search of?

A
  • a place
  • a vehicle
  • other thing
25
Q

What does S.P.E.W relate to?

A

Unlawfully at large. (Section 7)

26
Q

What does S.P.E.W stand for?

A

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

27
Q

What sections fall under the s125 (NAR) umbrella?

A

85
88
11
13

28
Q

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?

A

Section 131
- before initial entry you must: NAIR

29
Q

What does NAIR stand for?

A
  • 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
30
Q

What must you provide the occupier of the place, vehicle or thing before or on initial entry?

A
  • copy of search warrant

Or

  • (if no warrant) the name of the act and reason for search, unless it is impracticable.
31
Q

When would it be impracticable to give initials details under section 131?

A

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
32
Q

When must you leave a copy of the search warrant or leave a written notice (POL form) stating the act and reason for search?

A

If you undertook a search and the occupier or person in charge of the vehicle or other thing was not present.

33
Q

Why is section 110 of the Search and Surveillance Act?

A

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)
34
Q

What is section 113 of the Search and Surveillance Act?

A

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))
35
Q

Does a person assisting the execution of a search power have the same authority?

A

Yes, they may enter and search, use reasonable force, seize, ect.

36
Q

What section is the emergency power that is, Warrantless entry to prevent offences or respond to risk of life or safety?

A

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

37
Q

What may you do under section 14?

A
  • 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
38
Q

What is section 7 of the Search and Surveillance Act?

A

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.
39
Q

Entry without warrant to avoid loss of offender or evidential material is what section of the Search and Surveillance Act?

A

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.
40
Q

What are the obligation for a section 7 and section 8 arrest?

A

s131
- NAIR (place, vehicle or other thing)

s125
- NAR (person arrested or detained)

s169
- complete online notification

s129 (if you stop a vehicle)
- NAIR

41
Q

What is section 83 and what does it relate to?

A

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)
42
Q

What are the obligation for section 83?

A
  • s131 (NAIR)
  • s169 (complete online form)
43
Q

What is section 84 of the Search and Surveillance Act?

A

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.

44
Q

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?

A

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)

45
Q

‘Seizure of items in plain view’, is what section?

A

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
46
Q

Section 112 is?

A

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.
47
Q

What section is, ‘Power to search vehicles without warrant for stolen property’?

A

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)

48
Q

What are section 29 obligations?

A
  • s131 (NAIR)
  • s129 (NAIR as soon as you stopped vehicle)
  • s169 (complete online notification)

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