Search and Surveillance Act 2012 Flashcards
Section 8
Search and Surveillance Act 2012
Entry without warrant to avoid loss of offender or evidential material
If you have reasonable grounds to:
• suspect that a person has committed an o ence punishable by imprisonment for which they may be arrested without warrant
and
• believe that the person is in a place or vehicle
and
• believe 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.
Section 27
Search and Surveillance Act 2012
Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected
A constable who has reasonable grounds to suspect that a person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances) may, without a warrant, search the person.
Section 22
Search and Surveillance Act 2012
Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
(1) A constable may, in the circumstances set out in subsection (2), search a person without a warrant.
(2) The circumstances are that the constable has reasonable grounds—
(a) to believe that the person is in possession of—
(i) a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or
(ii) a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or
(iii) a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or
(iv) a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and
(b) to suspect that an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.
(3) This section does not—
(a) limit section 20 or 21; or
(b) authorise a constable to enter or search a place or vehicle except in accordance with those sections.
Section 84
Search and Surveillance Act 2012
Warrantless entry and search of vehicle after arrest
If you have arrested a person and have reasonable grounds to believe that:
• 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
(whether or not the person arrested was with the vehicle)
Section 28
Search and Surveillance Act 2012
Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected
(1) A constable who has reasonable grounds to suspect that the circumstances in subsection (2) exist in relation to a vehicle may search the vehicle.
(2) The circumstances are that—
(a) a person travelling in the vehicle or who has alighted from it is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances); and
(b) the vehicle contains a knife, offensive weapon, or disabling substance.
Section 18
Search and Surveillance Act 2012
Warrantless searches associated with Arms
If you (any constable) have reasonable grounds to suspect that a person who is carrying arms, or is in possession of them or has them under their control and
the person is in breach of the Arms Act 1983
or
the person, by reason of their physical or mental condition, is incapable of having proper control of the arms
or
the person, by reason of their physical and mental condition, may kill or cause bodily injury to any person
or
a protection order is in force against the person under the Domestic Violence Act 1995
or
there are grounds to make an application against the person for a protection order under the Domestic Violence Act 1995
or
a police safety order is in force against the person under the Domestic Violence Act 1995
then you may do any or all of the following without warrant:
- search the person
- search anything in their possession or under their control (including a vehicle)
- enter a place or vehicle to search:
– the person
– anything in the person’s possession or under their control (including a vehicle)
seize and detain any arms found
- seize and detain the person’s rearms licence.
Section 17
Search and Surveillance Act 2012
Warrantless entry and search of vehicle for evidential material relating to certain offences
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.
Section 118
Search and Surveillance Act 2012
Powers of detention incidental to powers to search places and vehicles
(1) If any constable or other person, or a person assisting any constable or other person, exercises a search power in relation to a place or vehicle, that constable or other person may, for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search, detain any person—
(a) who is at the place or in or on the vehicle at the commencement of the search; or
(b) who arrives at the place or stops at, or enters, or tries to enter, the vehicle while the search is being carried out.
(2) A person may be detained under subsection (1) for any period that is reasonable, but not for longer than the duration of the search.
(3) A detention of any person commences under subsection (1) when the constable or other person exercising the search power directs that person to remain at the place or in or on the vehicle and ends when that person is told by the constable or other person, or a person assisting the constable or other person, exercising the search power that he or she is free to leave the place or vehicle.
(4) Reasonable force may be used for the purpose of e ecting and continuing any detention under subsection (1).
(5) For the purposes of subsection (1), other person means a person to whom section 115(2) applies.
Section 11
Search and Surveillance Act 2012
Warrantless searches of people who are, or are to be, locked up in Police custody
You may conduct a warrantless search of any person who has been taken into lawful custody and is or is to be locked up:
- at a Police station
or
- in other premises being used for Police purposes
or
- in or about to be placed in a vehicle being used for Police purposes.
Section 11(3)
You may also conduct a search of a person after they have been locked up if:
- the person was not searched before they were locked up
or
- you reasonably suspect that they have been close to another person who has not been locked up in Police custody
or
- you reasonably suspect that they have been close to another person who has been locked up but not searched yet
or
- you have reasonable grounds to believe that the person may have anything that may be used to harm themselves or others.
Section 85
Search and Surveillance Act 2012
Rub-down search of arrested or detained persons (to ensure)
You may carry out a rub-down search of a person when:
the person is arrested
or
detained under a statutory power of detention (any enactment)
to ensure that the person is not carrying anything that may be used to:
harm any person
or
facilitate the person’s escape.
Section 16
Search and Surveillance Act 2012
Searching people in public place without warrant for evidential material relating to certain offences
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.
Section 112
Search and Surveillance Act 2012
Items of uncertain status may be seized
If you are exercising a search power and:
• you are uncertain whether any item found may be lawfully seized
and
• it is not reasonably practical to determine whether the item can be seized at the place or vehicle where the search takes place
you may:
• remove the item for analysis or examination to determine whether it may be lawfully seized.
Section 131
Search and Surveillance Act 2012
Identification and notice requirements
When you are using a search power in relation to a place or vehicle or other thing (with or without a warrant), you must comply with a series of identification and notice requirements.
R - Reason
A - Act
I - Intention
N - Name
Section 15
Search and Surveillance Act 2012
Entry without warrant to find and avoid loss of evidential material relating to certain offences
A constable may enter and search a place without a warrant if he or she has reasonable grounds—
(a) to suspect that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and
(b) to believe—
(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 destroyed, concealed, altered, or damaged.
Section 20
Search and Surveillance Act 2012
Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds—
(a) to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is—
(i) a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or
(ii) a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or
(iii) a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or
(iv) a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and
(b) to suspect that in or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and
(c) to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.
Section 9
Search and Surveillance Act 2012
Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences) you may arrest them
If you have reasonable grounds to suspect that a person is:
unlawfully at large
or
has committed an o ence punishable by imprisonment
and
• you have reasonable grounds to believe the person is in or on a vehicle
you may:
stop the vehicle without warrant to arrest the person.
Section 122
Search and Surveillance Act 2012
Moving a vehicle for the purpose of search or safekeeping
If you find or stop a vehicle and you have:
lawful authority to search the vehicle, but it is impracticable to do so at that place
or
reasonable grounds to believe that it is necessary to move the vehicle for
safekeeping
you may:
• move the vehicle to another place.
Section 125
Search and Surveillance Act 2012
Special rules about searching persons
R - Reason for the search
A - What act are you using
N - Name and identification
Section 121 (2)
Search and Surveillance Act 2012
Stopping a vehicle to execute a search warrant
Section 88
Search and Surveillance Act 2012
Warrantless search of arrested or detained persons for evidential material - (Believe)
You may search a person pursuant to arrest or statutory detention if you have reasonable grounds to believe the person is carrying anything that:
Is evidential material relating to the offence in respect of which the arrest is made or the person is detained
or
may be used to harm any person
or
• may be used to facilitate the person’s escape.
Section 116
Search and Surveillance Act 2012
Securing place, vehicle, or other thing to be searched
(1) The person carrying out a search may, in a manner and for a duration that is reasonable for the purposes of carrying out the search,—
(a) secure the place, vehicle, or other thing searched, any area in or on that place, vehicle, or other thing, or any thing found in or on that place, vehicle, or other thing:
(b) exclude any person from the place, vehicle, or other thing searched, or from any area within the place, vehicle, or other thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of any power under this subsection.
(2) A person who exercises any power under subsection (1) must, on the request of
any person affected by the exercise of the power,—
(a) identify himself or herself either by name or by unique identifier; and
(b) state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c) if not in Police uniform, produce evidence of his or her identity.
Section 29
Search and Surveillance Act 2012
Power to search vehicles without warrant for stolen property
If you have reasonable grounds to believe that:
• any stolen property is in or on any vehicle
you may:
• search the vehicle without warrant.
Section 10
Search and Surveillance Act 2012
Powers and duties of constable after vehicle stopped
If you are exercising the stopping power under s9 you may:
• require any person in or on the vehicle to supply all or any of their name, address, other contact details and DOB if you have reasonable grounds to suspect:
– they are unlawfully at large or
– they have committed an offence punishable by imprisonment.
You may also:
- search the vehicle to locate the person the vehicle was stopped for if you have reasonable grounds to believe that person is in or on the vehicle
- search the vehicle to locate evidential material in relation to any offence in respect of which the vehicle was stopped if the person sought:
– has been arrested or
– is seen fleeing from the vehicle before they can be arrested.
If the driver is not the person the vehicle was stopped for you must tell the driver the object of the proposed search before conducting the search.
Section 14
Search and Surveillance Act 2012
(Emergency entry) Warrantless entry to prevent offences or respond to risk to life or safety
• enter the place or vehicle without warrant
and
• take any action that you have reasonable grounds to believe is necessary
If you have reasonable grounds to suspect 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
you may:
– to prevent the offending from being committed or continuing or
– to avert the emergency.
Section 7
Search and Surveillance Act 2012
Entry without warrant to arrest person unlawfully at large
If you have reasonable grounds:
• to suspect that a person is unlawfully at large and
• to believe that the person is in a place or vehicle
you may:
• enter the place or vehicle without warrant to search for and arrest that person.
Section 30
Search and Surveillance Act 2012
Obtaining authorisation for warrantless road block
If a senior constable (Sergeant / Acting Sergeant or higher)
• has reasonable grounds to believe that in or on a vehicle there is a person they have reasonable grounds to suspect
– has committed an offence punishable by a term of imprisonment or
– is unlawfully at large and
• has reasonable grounds to suspect that the vehicle will travel past the place where it is proposed that the road block be established
and
• is satisfied that, as far as is reasonably practicable, the safety of all road users will be ensured in the area in which it is proposed that the road block be established
then the senior constable (Sergeant / Acting Sergeant or higher) may:
• authorise the establishment of a road block to arrest the person.
Sections 91 - 96
Search and Surveillance Act 2012
Consent Searches
Section 117
Search and Surveillance Act 2012
Special powers where application for search warrant pending
(1) If an application for a search warrant is about to be made or has been made and has not yet been granted or refused by an issuing officer, an enforcement o cer present at the place or vehicle that is or is to be the subject of the application may, if authorised by subsection (2),—
(a) enter and secure the place, vehicle, or other thing in respect of which authorisation to enter and search is being sought, and secure any item or items found at that place or in or on that vehicle or other thing, at any time that is reasonable in the circumstances:
(b) direct any person to assist with the entry and securing of the place or vehicle or other thing or the securing of items in it (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual signi cance to that hapū or iwi).
(2) The powers conferred by subsection (1) may be exercised if the enforcement o cer has reasonable grounds to believe that evidential material may be destroyed, concealed, altered, damaged, or removed before a decision is taken to grant or refuse the issue of a search warrant.
(3) The powers conferred by subsection (1) may be exercised until the rst of the following occurs:
(a) the expiry of 6 hours from when the power is rst exercised:
(b) the warrant is available for execution at that place or vehicle or in respect of that other thing:
(c) the application for a search warrant is refused.
(4) A person who exercises any power under subsection (1) must, on the request of any person a ected by the exercise of the power,—
(a) identify himself or herself either by name or by unique identi er; and
(b) state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c) if not in Police uniform, produce evidence of his or her identity.
Section 169
Search and Surveillance 2012
When you use a warrantless power of entry, search or surveillance you must report this by completing an online notification form as soon as practicable.
The notification must contain:
- a short summary of the circumstances
- the reasons you needed to exercise the warrantless power
- whether any evidential material was seized
- whether any criminal proceedings have been brought or are being considered as
- a consequence of seizing that evidential material.
You do not need to report on:
- a search of a person following their arrest or a search of a person following their detention under any other enactment (ss85 or 88)
- a search of a person in lawful custody (s11)
- a consent search (ss91-96)
- the exercise of a power of entry that does not confer a power of search (such as
- s14 – entry to prevent offence or respond to risk to life or safety).
Section 32
Search and Surveillance Act 2012
Authorised road blocks implemented without warrant
When a road block is authorised under s30, you may:
Establish
a road block at the place specified in the authorisation
Stop
vehicles at or in the vicinity of the road block
Require
any person in or on any vehicle stopped by the road block, who you have reasonable grounds to suspect has committed an offence punishable by imprisonment, to state any or all of his or her name, address and date of birth
Search
the vehicle for the purpose of locating the person who has committed an offence punishable by a term of imprisonment or who is unlawfully at large if any constable has reasonable grounds to believe the person is in or on the vehicle
Section 121 (1)
Search and Surveillance Act 2012
Stopping a vehicle without a warrant for purposes of search
Section 119
Search and Surveillance Act 2012
Powers of search by person who has power of arrest
(1) If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get onto the vehicle, if the person conducting the search has reasonable grounds to believe that evidential material that is the object of the search is on that person.
(2) If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get into or onto the vehicle, if the person conducting the search—
(a) has reasonable grounds to suspect that the person is in possession of a dangerous item that poses a threat to safety; and
(b) believes that immediate action is needed to address that threat.
(3) If any item referred to in subsection (2)(a) is seized, it must, unless possession of the item constitutes an o ence, be returned to the person from whom it was taken either—
(a) once the search has been completed; or
(b) when the person who conducted the search is satis ed that there is no longer any threat to safety.
Section 83
Search and Surveillance Act 2012
Entry without warrant after arrest in any place
If you have arrested a person and have reasonable grounds to believe that:
• evidential material relating to the offence for which the person was arrested is at a place
and
• if entry is delayed in order to obtain a search warrant, the evidential material will be concealed, altered, damaged or destroyed
you may:
• enter that place without warrant to search for the evidential material (whether or
not the person was arrested there).
Section 123
Search and Surveillance Act 2012
Seizure of items in plain view
If you, as part of your duties:
- exercise a search power or
- are conducting a lawful search of a person or
- are lawfully in any place or in or on a vehicle
and you have reasonable grounds to believe that you could have seized the item under:
- any other search power you may exercise.
Section 21
Search and Surveillance Act 2012
Warrantless searches of people found in or on places or vehicles
A constable conducting a search of a place or vehicle under section 20 may, without a warrant, search any person found in or on the place or vehicle.
