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RNZPC > Search And Surveillance Act 2012 > Flashcards

Search And Surveillance Act 2012 Flashcards

1
Q

Section 85

A

You may carry out a rub-down search of an arrested or detained person to:

Ensure that the person is not carrying anything that may be used to harm any person or facilitate the person’s escape.

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2
Q

Section 85

May do:

A
  • Run or pat hand over body on outside or inside of clothing (not underwear
  • Insert hand inside any pocket or pouch in clothing of person being searched
  • Visually inspect the person’s mouth, palms, soles of feet, lift or rub their hair
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3
Q

Section 88

A

You may search a person pursuant to arrest or 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

(Give only one reason)

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4
Q

Section 125

A

Rules and obligations when searching persons.

You MUST:

  • Identify yourself
  • Advise the person being searched of the act and reason for the search
  • Providence evidence of identity (if not in uniform)
  • Promptly provide an inventory of items seized and give copy to person being searched
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5
Q

Section 86

A

Things that can be done to facilitate a rub-down search.

May require the person to remove, raise, lower, or open any outer clothing unless the person has no other clothing underneath. May also require removal of head coverings, gloves, footwear,socks, stockings.

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6
Q

Section 11

A

Warrantless search of people who are, or are to be, locked up in Police custody.

Locked up = taken into custody and placed behind a closed or locked door that prevents them from leaving.
I.e. Interview room, cell, or charge room at Police station or a vehicle used for Police purposes (other than being placed in the police vehicle for immediate transportation)

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7
Q

Section 11(3)

A

May also conduct a search of a person after they’ve been locked up if:

  • person wasn’t searched before they were locked up
  • reasonably suspect they’ve been close to another person who hasn’t been locked up
  • reasonably suspect they’ve been close to another person who has been locked up but not yet searched
  • reasonable grounds to believe the person may have something used to harm themselves or others
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8
Q

Section 13

A

Property taken from people locked up in Police custody.

If you take $ or property from someone under s.11, you must return it to them when they’re released unless it may be needed as evidence or possession of it may be an offence.

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9
Q

Section 92

A

Purposes for which consent search may be undertaken.

You may conduct a consent search to:

  • prevent an offence
  • to investigate if an offence has been committed
  • to protect life or property
  • to prevent injury or harm
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10
Q

Section 93

A

Advice that must be given before consent search undertaken.

Before a consent search you must:

  • determine search is for a purpose authorised by s.92
  • advise the person of the reason for the search
  • advise the person they may consent or refuse to be searched
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11
Q

Section 94

A

Circumstances where search is unlawful.

A consent search is unlawful if:

  • not for a purpose set out in s.92
  • you fail to give the advice set out in s.93
  • consent is given by a person who doesn’t have authority to consent
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12
Q

Section 95

A

Ability of persons under 14 to consent to searches of places, vehicles, or other things.

Persons under 14 are unable to consent to the search of a place, a vehicle, or other thing.

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13
Q

Section 169

A

Reporting use of powers.

Don’t need to report on Ss 85,88,11,91-96,14

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14
Q

Section 110

A

Power incidental to search of places and vehicles.

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15
Q

Section 14

A

Warrantless entry to prevent offences or respond to risk to life or safety

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16
Q

Section 7

A

Entry without warrant to arrest person unlawfully at large

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17
Q

Section 8

A

Entry without warrant to avoid loss of offender or evidential material.

Can enter If you believe they will ditch or evidence will be CADD but s.8 doesn’t give power to search for evidence.

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18
Q

Section 83

A

Entry without warrant after arrest.

If you arrest a person and have reasonable grounds to believe that delaying entry to a place will result in evidence being CADD, you can search that place for evidence.
Can also search a vehicle at the place.

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19
Q

Section 84

A

Warrantless entry and search of vehicle after arrest.

Search a vehicle after an arrest if you think evidence will be CADD.
Intended to allow you to search a vehicle in a public place.

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20
Q

Section 123

A

Seizure of items in plain view.

You may seize any item you find during a lawful search or as a result of observations if you could’ve seized the item under a search warrant or another search power.

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21
Q

Section 29

A

Power to search vehicles without warrant for stolen property.

You can search a vehicle if you have reasonable grounds to believe that there’s stolen property in or on that vehicle (public place).

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22
Q

Section 179

A

Offence to disclose information acquired through search or surveillance.

Includes information acquired through search or surveillance powers, examination orders, production order, use of a device, or declaratory order.

23
Q

Section 175

A

False application for examination order, production order, search warrant, surveillance device warrant, or declaratory order.

Using false information to apply for warrant/order.

24
Q

Section 131

A

Identification and notice requirements when using a search power in relation to place, vehicle, or other thing.
(RAIN)

25
Q

Section 113

A

Power of persons called to assist

26
Q

Section 116

A

Securing a place, vehicle, or other thing to be searched.

Gives power to cordon off and protect a scene.

27
Q

Section 118

A

Powers of detention incidental to powers to search places and vehicles.

Can detain and search people at, on or arriving at vehicle/place to determine connection with incident.

28
Q

Section 119

A

Powers to search persons at a place or vehicle.

Can detain and search people at,on or arriving at vehicle/place who might have weapons or evidential material.

29
Q

Section 120

A

Power to pursue persons who flee.

When someone flees from a search, may enter any place to apprehend the person/vehicle for a search.
Must have RG2B that person/vehicle still has evidential material

30
Q

Section 9

A

Stopping vehicle to find persons unlawfully at large or who have committed imprisonable offences.
WTA/RTA

31
Q

Section 10

A

Powers and duties after vehicle stopped.

After s.9 stop can demand details of any person in the vehicle if unlawfully at large or committed imprisonable offence.
Can search vehicle for that person or evidential material if the person is k9.

32
Q

Section 121

A

Stopping vehicle for:

(1) Warrantless search
(2) warranted search

33
Q

Section 122

A

Moving a vehicle for search or safekeeping.

Can move vehicle if not suitable for a search.

34
Q

Section 128

A

Duty to remain stopped.

Must remain stopped for the powers to be exercised.

35
Q

Section 129

A

Duty to provide information.

If use a power to stop a vehicle, must give RAN asap.

36
Q

Section 20

A

Warrantless search of places/vehicles IRT some MODA 1975 offences.

37
Q

Section 18

A

Warrantless searches associated with arms

38
Q

Section 21

A

Warrantless searches of persons found in or on places or vehicles.

Warrantless search of any person found in/on the place/vehicle searched under s.20

39
Q

Section 22

A

Warrantless search for controlled drugs and precursor substances if offence suspected against MODA 1975.

Warrantless search If RG2B a person has drugs or precursors on them.

40
Q

Section 27

A

Warrantless search of people in public places if offence against CA1961 202A(4)(a) suspected.

Search if person has offensive weapon in public.

41
Q

Section 28

A

Searching vehicles without warrant for offensive weapons.

If RG2B someone travelling in or exited from a vehicle has an offensive weapon in public, can search the vehicle for the weapon.

42
Q

Section 15

A

Entry without warrant to find and avoid loss of evidential material.

Warrantless entry power for offences 14+ years if evidence will be CADD.

43
Q

Section 16

A

Searching people in public place without warrant for evidential material relating to certain offences.

If person is in public and you have RG2B they have evidence relating to 14+ years offence then can search them.

44
Q

Section 17

A

Warrantless entry and search of vehicle for evidential material relating to certain offences.

Vehicle in public place and have RG2B evidence for 14+ years offence is in or on the vehicle then can enter and search.

45
Q

Section 30

A

Obtaining authorisation for Warrantless road block.

If SGT or higher has RG2B in vehicle there’s a person they have RG2S has committed imprisonable offence or unlawfully at large and RG2S will travel past the proposed place, a roadblock can be established if safe.

46
Q

Section 32

A

Authorised road blocks implemented without warrant.

Roadblock authorised under s.30, you may:
Establish, stop, require, search.

47
Q

Section 112

A

Items of uncertain status may be seized.

If unsure if something can be seized and not practical to check, can take the item to determine if it can be seized.

48
Q

Section 176

A

Leaving search location in breach of direction.

49
Q

Section 177

A

Offences relating to stopping vehicles.

Can arrest without warrant if you stop or search a vehicle and they don’t stop ASAP or remained stopped etc.

50
Q

Section 133

A

Inventory of items seized.

If seize anything during a search the must supply a search notice and inventory of what was seized to the person as soon as practicable (within 7 days).

51
Q

Section 150

A

Certain things must be returned.

Anything sized or produced must be returned or destroyed if not required for investigative or evidential purposes.

52
Q

Section 151

A

Custody of things seized or produced.

53
Q

Section 152

A

Copies of things seized or produced.

Can be copied and originals returned if the copy is adequate for investigative and evidential purposes.

RNZPC (19 decks)

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