Search and Surveillance Act 2012 Flashcards
Reasonable grounds to believe means…
having a sound basis for believing that a situation or circumstance actually exists.
Reasonable grounds to suspect means…
having a sound basis for suspecting that a situation or circumstance is likely to exist
Under the S & S Act a reasonable search is a search that:
- complies with s21 of the NZ Bill of Rights Act
- considers factors such as:
the nature of the search,
how intrusive the search is,
where and when the search takes place.
Why use a search warrant? (3)
- Ensures judicial oversight
- Provides greater protection for Police and the public
- Requires recording and reporting of results
Before conducting a search by consent, you must determine that the search is for one of the following reasons (4):
- 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
Before conducting a search by consent you must advise the person from whom consent is sought:
- of the reason for the proposed search
- that they may consent or refuse to consent to the search
A person under 14 is unable to consent to the search of a place, vehicle or other thing unless…
they are found driving with no passenger of or over 14 years of age with authority to consent to the vehicle’s search
Do you have to report a consent search?
No
Evidential material, in relation to an offence or a suspected offence, means…
evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence
When deciding if you should use a warrantless power, amongst other things you should consider if there is a possibility that evidential material will be…
Concealed, altered, damaged or destroyed
When searching a place, vehicle or other thing, you must comply with the obligations set out under s131. Your obligations cover:
Identification, intention, reason and notice
Section 131 states that before or on initial entry into or onto the place, vehicle or other thing to be searched, you must give “notice” to the occupier or person in charge. What does this include if executing
a) a search warrant?
b) a warrantless power?
a) provide a copy of the search warrant
b) state the name of the enactment under which the search is taking place and the reason for the search (unless it is impracticable to do so in the circumstances) AND policy directs that you must provide a copy of the POLSW8
What are the exceptions to identification and notice requirements - s131(2). There are four exceptions.
If you have reasonable grounds to believe
- that no one is present
- this would endanger any person’s safety
- this would prejudice the successful use of the entry and search power
- this would prejudice ongoing investigations
What are the actions allowed by s116?
Secure a place, vehicle or other thing to be searched AND exclude any person from there
What are the actions allowed by s118?
Detain people when searching places and vehicles
What are the actions allowed by s119?
Search people found when searching places and vehicles if you have reasonable grounds to believe that evidential material that is the object of the search is on that person
What are the actions allowed by s120, powers of search when suspect is pursued?
Whilst in fresh pursuit, and with reasonable grounds to believe that relevant evidential material is still on the person, you have the power to enter any place to apprehend the person and search the person or vehicle.
What does AWOCA stand for?
Ask, Why, Options, Confirm, Action
What are your obligations when searching a person (s125)?
Name, act, reason
What if someone else arrives at the place or vehicle and starts talking to the person you have detained under s118? (Four options)
Depending on the circumstances you may:
- exclude that person from the search scene if you have RGTB the person will obstruct or hinder your powers s116(1)(b)
- detain that person to determine if there is any connection between them and the object of your search s118(1)
- search that person if you have reasonable grounds to believe that they may have evidential material on them s119(1)
- search that person if you have RGTS they may have a dangerous item that poses a threat to safety and you believe you need to act immediately to address that threat s119(2)(a) and (b)
Police policy directs you must report your use of warrantless powers within what time frame?
By the end of shift
Before commencing to make an application for a SW, you must be sure that there are…
- Reasonable grounds to suspect that an offence punishable by imprisonment has been, will be, is being or is about to be committed, and
- Reasonable grounds to believe that the search will find evidential material in respect of the offence in the place, vehicle, other thing or facility.