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DDC 06/2022 > Search and Surveillance Act 2012 > Flashcards

Search and Surveillance Act 2012 Flashcards

1
Q

Any firearm….

Define: Arms

A

Any firearm, airgun, pistol, restricted weapon, imitation firearm, or explosive (as per s2 arms act 1983), or any ammunition.

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2
Q

The land…

Define: Curtilage

A

The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, excludes any fields beyond.

Where there is reasonable expectation of privacy for doing lawful activity

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3
Q

Evidence of the…

Define: Evidential material

A

Evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence.

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4
Q

Define: Non-private premises

A

Means premises, or part of a premises, to which members of the public can access - includes hospital, bus station, airport, shop.

There are situations where both non-private and private can exist on the same premise. (e.g. a shop with a staff area or an attached residential area)

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5
Q

Define: Private activity

A

Means activity that, in the circumstances, any one or more of the participants in it ought to expect is observed or recorded by no one except the participants.

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6
Q

Define: Private premises

A

Means a private dwelling-house, a marae, and any other premises that are not within the definition of non-private premises.

There are exceptions where a property can exist in both private / non-private (e.g. seperate staffing area or an attached residential area)

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7
Q

Define: Surveillance device

A

Means a device that is any one or more of the following kinds of devices: -

(a) An interception device -
(b) A tracking device -
(c) A visual surveillance device

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8
Q

Define: Trespass surveillance

A

Means a surveillance that involves trespass to land or trespass to goods.

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9
Q

Define: Unlawfully at large

A

In relation to a person, means that the person:

  • Has an arrest warrant in force (excluding fines warrants)
  • Has escaped from prison or is absent without leave
  • has escaped from lawful custody, eg police cells, police car.
  • Is a special patient or a restricted patient and has escaped or has failed to return from leave.
  • Is a care recipient or special care recipient (with an intellectual disability) and has escaped or has failed to return from leave.
  • Is a “young person” who is the subject of a youth court “supervision with residence” order and they are absconding from CYFS custody.
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10
Q

Define: Visual surveillance device

A

(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 record 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.

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11
Q

Entry without warrant to arrest person unlawfully at large

Search and Surveillance Act 2012 Section 7

A

A constable may enter a place or vehicle without warrant to search for and arrest a person if the constable has reasonable grounds;

(a) to suspect that a person is unlawfully at large, AND
(b) to believe that the person is there

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12
Q

What are your powers under Section 7?

A

Warrantless power to ENTER and SEARCH a place or vehicle to arrest a person unlawfully at large:

  • RGTS - Person is unlawfully at large.
  • RGTB - Person is in that place or vehicle
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13
Q

Entry without warrant to avoid loss of offender or evidential material

Search and Surveillance Act Section 8

A

Warrantless power to Enter and Search a PLACE or VEHICLE to arrest a person who has committed an imprisonable offence:

RGTS person has committed an offence punishable by imprisonment
RGTB that the person is there
RGTB that if entry is not effected immediately
- The offender will leave to avoid arrest
- EM relating to the offence will be CADD

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14
Q

What are your powers under Section 8?

A

Powers: - May ENTER the place or vehicle, - and SEARCH the place or vehicle for the person for the purpose of arresting them.

Note: Section 8 does not give you a power to search for evidential material.

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15
Q

Search and Surveillance Act Section 9

A

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 is:
(i) 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.

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16
Q

What are your powers under Section 9?

A

Powers: STOP the vehicle for the purpose of arresting that person

17
Q

Powers and duties of a constable after vehicle stopped

Search and Surveillance Act 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 RGTS is unlawfully at large or has committed an offence punishable by imprisonment to supply details
(b) SEARCH the vehicle to locate the person, if the constable has RGTB that the person is in or on the vehicle.
(c) SEARCH the vehicle to locate EM, if the person;
(i) has been arrested; or
(ii) is seen fleeing from the vehicle before he or she can be arrested.

Note: Must tell the driver the intent of the search

18
Q

Entry without warrant to find and avoid loss of evidential material relating to certain (14 years or more) offences

Search and Surveillance Act 2012Section 15

A

A constable may enter and search a place without a warrant if he or she has
(a) RGTS that an offence punishable by imprisonment for a term of 14 years or more has, is or will be committed AND

(b)RGTB
—
(i)that evidential material relating to the offence is in that place, AND

(ii)that, if entry is delayed in order to obtain a search warrant, the evidential material will be CADD

Note: Section 15 is also intended to allow you to search a VEHICLE in the place you are searching. This does not include a vehicle in a public place, as this is covered under section 17.

19
Q

Searching people in public place without warrant for evidential material relating to certain (14 years or more) offence

Search and Surveillance Act 2012 section 16

A

A constable may SEARCH a person without a warrant in a public place if the constable has 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.

20
Q

Warrantless entry and search of vehicle for evidential material relating to certain (14 years or more) offences

Search and Surveillance Section 17

A

A constable may, without a warrant, ENTER and SEARCH a vehicle that is in a public place if he or she has 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.

21
Q

Warrantless searches associated with arms

Search and Surveillance Act 2012 Section 18 (1) & 18(2)

A

Warrantless Power to Enter and Search a PLACE OR VEHICLE OR search a PERSON in relation to arms:

18(1) & 18(2)
RGTS Person carrying / in possession of / in control of arms; and:
- Is in breach of the Arms Act 1983 OR
- By reason of his physical or mental condition is incapable of having property control of the Arms or may kill or cause bodily injury to any person; or
- Under the Domestic’s Violence Act 1995 a protection order is in force, or there are grounds to make an application against him or her for a protection order (Or PSO)

22
Q

Search and Surveillance Act 2012 Section 18(3)

A

Warrantless power to Enter and Search a Place or Vehicle or Search a person in relation to arms.

RGTS there are Arms in any place or vehicle:

  • In respect of which a category 3 or 4 offence or an offence against the Arms Act 1983 has been / is being / will be committed.
  • That may be EM in relation to a category 3 or 4 offence
23
Q

What are your powers under Section 18(1)&(2)

A

May:

  • Search the person
  • Search any thing in the persons possession or control (Inc. vehicles)
  • Enter a place or vehicle to carry out these searches
  • Seize and detain any Arms and Arms Act license found
24
Q

What are your powers under S18(3)

A

May:

  • Enter a place or vehicle, search it, and seize and detain any arms and arms license found
25
Q

Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences

Search and Surveillance Act 2012 Section 20

A

May ENTER and SEARCH a place or vehicle w/o warrant

  • RGTB that in or on the PLACE or VEHICLE is a controlled drug in schedules 1, 2 & 3 OR a precursor specified in Part 3 of schedule 4; And:
  • RGTS that in / on the place OR vehicle an offence against MODA has been / is being / is about to be committed in respect of that controlled drug; and
  • RGTB is not practicable to obtain a warrant and
  • RGTB EM relating to the offence will be CADD if entry / search is not carried out
26
Q

Warrantless searches of people found in or on places or vehicles

Search and Surveillance Act 2012 Section 21

A

May search a person found in / on a place or vehicle being searched under s20.

27
Q

Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975

Search and Surveillance Act 2012 Section 22

A

May search a person without warrant where

  • RGTB that person is in possession of a controlled drug specified in Schedule 1,2 and 3 or a precursor substance in MODA 75
  • RGTS that an offence against the MODA 1975 has been/is being/will be committed in respect to that drug or precursor.
28
Q

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

Search and Surveillance Act 2012 Section 27

A

Warrantless power to search a person in a public place

RGTS that the person is committing an offence against s202A, Crimes Act 1961 (possession of knife, offensive weapon, or disabling substance without lawful authority or excuse)

29
Q

Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected

Search and Surveillance Act 2012 Section 28

A

Warrantless power to search a vehicle in a public place

  • RGTS a person travelling in the vehicle or who has alighted from it is committing an offence against S202A(4)(a) of the Crimes Act 1961 (possession of a knife, offensive weapon or disabling substance) without lawful authority or reasonable excuse, and;
  • The vehicle contains a knife, offensive weapon or a disabling substance.
30
Q

Entry without warrant after arrest

Search and Surveillance Act 2012 section 83

A

Entry without warrant after arrest

  • Place:*
  • Person arrested for an offence; and
  • RGTB that EM relating to the offence is at a place; and
  • RGTB EM relating to the offence will be CADD if entry was delayed to obtain a warrant.

NOTE: for the arresting officer to search for EM

31
Q

Warrantless entry and search of vehicle after arrest

Search and Surveillance Act 2012 Section 84

A

Warrantless entry and search of vehicle after arrest

  • Vehicle:*
  • Person arrested for an offence; and
  • RGTB that EM relating to the offence is in or on a vehicle

NOTE: for the arresting officer to search for EM

32
Q

Items of uncertain status may be seized

Search and Surveillance Act 2012 Section 112

A

Items of Uncertain Status:

  • Must be exercising a search power
  • Uncertain if an item can be lawfully seized
  • Not reasonable practical to determine at the place/vehicle
  • May remove the item for examination / analysis

NOTE: Allows for ‘removal’ rather than ‘seizure’

33
Q

Special powers where application for search warrant pending

Search and Surveillance Act 2012 Section 117

A

Warrantless power to enter and secure when a search warrant is being sought.

  • An application for a search warrant has been ‘made or about to be made’ and
  • There is an urgency as have RGTB EM is going to be CADD before a decision can be made to grant or refuse the search warrant

Obligations:

  • NIAR on request of any person affected by the power.
  • Not a search power

Limitations:

  • Cannot start the search for EM
  • Detain any person, unless you arrest them for failing to comply
  • Search any person (119)
  • Move any vehicle (122)
34
Q

Stopping vehicles with or without warrant for purposes of search

Search and Surveillance Act 2012 Section 121

A
  • Satisfied you (already) have a warrantless power to search the vehicle; OR
  • Satisfied that a search warrant is in force to search the vehicle.

You MUST already have grounds to search the car.

35
Q

Seizure of items in plain view

Search and Surveillance Act 2012 Section 123

A

If as part of your duties you are:
- Exercising a search power OR Lawfully in a place or vehicle OR Conducting a lawful search of a person

You may seize any item(s) that you find:
- In the course of carrying out that search or As a result of observations at the place or in / on the vehicle.

You have RGTB that you could have seized the items under:

  • Any search warrant you could have obtained
  • Any search power

DDC 06/2022 (15 decks)

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