Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

RNZPC SE DOUGHTY > Search And Surveillance Act 2012 > Flashcards

Search And Surveillance Act 2012 Flashcards

1
Q

What is Section 125 of the Search and Surveillance Act 2012?

A

Obligations when searching person:
NIAR must be said when arrested or detained.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is Section 85 of the Search and Surveillance Act 2012?

A

Search when arrested or detained to check they are not carrying anything that can harm any person or facilitate escape.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is Section 88 of the Search and Surveillance Act 2012?

A

Evidential material:

Search an arrested or detained person because you have reasonable grounds to believe the person is carrying evidential material
“I am searching you because I believe you have the stolen iPhone on you”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is Section 11 of the Search and Surveillance Act 2012?

A

Search someone to be locked up in Police custody

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is Section 11 (3) of the Search and Surveillance Act 2012?

A

Search someone already locked up if
- person was not searched before lock up
- RGTS they have been close to someone not locked up
- RGTS they have been close to someone locked up but not searched yet
- RDTB person could have anything that could harm any person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is Section 13 of the Search and Surveillance Act 2012?

A

Must return property when released or transferred (unless evidence)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is Section 92 of the Search and Surveillance Act 2012?

A

Purposes for consent searches (ie prevent offence, investigate, protect life or property, protect injury or harm)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is Section 93 of the Search and Surveillance Act 2012?

A

Advice given before consent search. You must:
- determine search is for purpose under S92
- advise reason for search
- advise the person that they may consent or refuse

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is Section 94 of the Search and Surveillance Act 2012?

A

Circumstances when a consent search is unlawful
- not under section 92
- failed to give required advice under section 93
- consent is given by someone who doesn’t have authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is Section 95 of the Search and Surveillance Act 2012?

A

Person under 14 years are unable to consent search of:
- place
- vehicle (unless driving)
- other thing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is Section 96 of the Search and Surveillance Act 2012?

A

Exceptions to consent search rules
Sections 92-95 do not:
- apply to a search conducted as condition of entry (ie festival)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is Section 131 of the Search and Surveillance Act 2012?

A

Obligations for non- person
NIAR Must be said before searching

(Intention is to enter and search your vehicle under the SASA 2012)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is Section 14 of the Search and Surveillance Act 2012?

A

Warrantless entry to prevent offences or respond to risk to life or safety (including serious damage/ serious loss of property)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is Section 7 of the Search and Surveillance Act 2012?

A

Entry without warrant to arrest person unlawfully at large (if you have reasonable grounds to believe that person is in a place or vehicle)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is Section 8 of the Search and Surveillance Act 2012?

A

Entry without warrant to avoid loss of offender or evidential material

If you have RGTB person has committed offence (imprisonable) and that they’re in the place/ vehicle and believe that if you don’t enter immediately, person will leave place/ vehicle to avoid arrest and/or evidential material will be CADD

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is Section 83 of the Search and Surveillance Act 2012?

A

Entry and search place after K9 for EM

If you have RGTB evidence is at place and if entry delayed for search warrant evidence will be CADD

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is Section 84 of the Search and Surveillance Act 2012?

A

Warrantless entry and search of vehicle after arrest

RGTB evidence is in or on vehicle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is Section 29 of the Search and Surveillance Act 2012?

A

Power to search vehicle in public place without warrant for stolen property

If on private property, seek search warrant or alternative Warrantless power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is Section 112 of the Search and Surveillance Act 2012?

A

Items of uncertain status may be seized (removed for analysis)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is Section 123 of the Search and Surveillance Act 2012?

A

Seizure of items in plain view. (If lawfully in any place and/ or exercising a search power)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is Section 133 of the Search and Surveillance Act 2012?

A

Inventory of seized items
Must supply written notice or copy or any search warrant/ order
And
An inventory specifying what has been seized

22
Q

Which powers ddon’t you report when used under Search and Surveillance Act 2012?

A

Sections:
- 85 and 88 (happens all the time)
- 11 (custody)
- 93 (advice- not a search power)
- 14 (emergency power of entry- any entry power that does not confer power of search)

23
Q

What is Section 131(3) of the Search and Surveillance Act 2012?

A

Use of force to enter place or vehicle

24
Q

What is Section 110 of the Search and Surveillance Act 2012?

A

Use of force on property or vehicle once you have gained entry

25
Q

What is section 9 of the SASA 2012?

A

Stopping power of vehicle to K9
- unlawfully at large or
- offence committed (imprisonment)
- and must believe person is in vehicle

26
Q

What is section 10 of the SASA 2012?

A

If stopping vehicle under S9 (stop to K9) you may
- demand details from target
- search vehicle for target
- search vehicle for evidential material related to the offence

if driver is not target MUST NIAR before doing any of a above (S129)

27
Q

What is section 121(1) of the SASA 2012?

A

Stopping a vehicle to search (under Warrantless search)

  • s29, 84, 28, 18, 27
28
Q

What is section 121(2) of the SASA 2012?

A

Stop vehicle to search (with warrant)

29
Q

What is section 122 of the SASA 2012?

A

Move vehicle if impractical to search

30
Q

What is section 128 of the SASA 2012?

A

If power exercised to stop or search vehicle, the vehicle is required to remain stopped (tell driver)

31
Q

What is section 129 SASA 2012?

A

If you exercise a power to stop a vehicle, you must provide driver with: NIAR

32
Q

What is section 32 of the SASA 2012?

A

The power to stop and K9 via roadblock (S30 gives authorisation)

33
Q

What is a serious offence?

A

An offence with over 14 years of imprisonment

34
Q

What is section 116(1)(a) of the SASA 2012?

A

(Incidental power to Serious offence)

Secure area while searching
- place, vehicle, or items found in these areas

35
Q

What is section 116(1)(b) of the SASA 2012?

A

(Incidental power to Serious offence)
Exclude person or give direction from place, vehicle or other thing if you have RGTB they will obstruct or hinder powers.

36
Q

What is section 116(2) of the SASA 2012?

A

(Incidental power to Serious offence)
If exercising 116 powers (secure place/ exclude person from place), you must
- identify yourself
- state act
- state the reason
- provide identity (if not in uniform)
To any person affected that requests it

37
Q

What is section 118 of the SASA 2012?

A

(Incidental power to Serious offence)
When searching place/ vehicle you may detain extra people if connection believed
- person at place/ vehicle
- person arrives at place/ vehicle
- stops at, or enters vehicle

38
Q

What are the extra conditions of section 118? (When searching place/ vehicle can detain extra people)

A

(Incidental power to Serious offence)
- s118(2) can detain for reasonable time but no longer than the duration of search
- s118(4) May use reasonable force to effect and continue detention
- s176 can arrest if don’t remain detained

39
Q

What is section 119 of the SASA 2012?

A

While searching place/ vehicle can search extra people
(Incidental power to serious offence)

When searching place/ vehicle may search persons (at, arrived at, or stops at) if
- s119(1) RCTB they have evidential material
- s119(2) RGTS they possess dangerous item

40
Q

What is section 117 of the SASA 2012?

A

Can enter and secure a property while getting a warrant if CADD + removed is believed
- only for 6 hours
- or until warrant is available/ refused

41
Q

What is section 15 of the SASA 2012?

A

RGTB evidence of serious offence is in place, can enter and search place to avoid CADD

42
Q

What is section 16 of the SASA 2012?

A

If RGTB person committed serious offence and has evidence on them may search person in public place

43
Q

What is section 17 of the SASA 2012?

A

RGTB evidence of serious offence is in vehicle, may enter and search vehicle in a public place

44
Q

What is section 27 of the search and surveillance act 2012?

A

Search person in public place if RGTS offensive weapon offence

45
Q

What is section 28 of the search and surveillance act 2012?

A

Search vehicle in public place if RGTS offensive weapon

46
Q

What is section 20 of the search and surveillance act 2012?

A

Search place/ vehicle misuse of drugs offences

47
Q

What is section 21 of the search and surveillance act 2012?

A

After S20 can search person found in place or vehicle for drugs

48
Q

What is section 22 of the search and surveillance act 2012?

A

Search random person if RGTS offence against MODA 1975

49
Q

What is section 30 of the search and surveillance act 2012?

A

Authorisation for road block to k9

50
Q

What is section 32 of the search and surveillance act 2012?

A

Power to roadblock to K9

RNZPC SE DOUGHTY (14 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions