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RNZPC 327 > Search and Surveillance Act 2012 > Flashcards

Search and Surveillance Act 2012 Flashcards

1
Q

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

A

Rules and obligations when searching PEOPLE.

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2
Q

Search and Surveillance Act 2012
Section 125
What MUST you do under this section?

A

RAN

(a) Identify by name
(b) Identify enactment and provide reason for search
(c) Produce I.D if not in uniform

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3
Q

Search and Surveillance Act 2012
Section 125
What MAY you do under this section

A

(d) Detain for as long as reasonably necessary
(e) Use reasonable force
(i) Search any item in possession or control
(j) Seize any item in possession or control or if lawfully could be seized

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4
Q

Search and Surveillance Act 2012

Section 85

A

Rub down search of
ARRESTED/DETAINED persons
To ensure nothing could harm any person or facilitate escape

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5
Q

Search and Surveillance Act 2012

Section 88

A

Rub down search of
ARRESTED/DETAINED persons for EVIDENTIAL MATERIAL
Reasonable grounds to BELIEVE evidential material is on person or anything that could harm any person or facilitate escape.

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6
Q

Search and Surveillance Act 2012

Section 11

A

Custody Search
Taken into custody and is or to be locked up at:
Police station, other premises for police purpose or any vehicle used for police purpose.

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7
Q 
Search and Surveillance Act 2012
Section 11(3)
A

Search after locked up if:

  • Not searched properly
  • Been in contact with another person
  • Believe they have something
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8
Q

Search and Surveillance Act 2012

Section 13

A

Property and Money taken from people locked up in custody.

  • MUST be returned to person upon release unless it is evidential material or illegal
  • MUST be delivered along with person when they are placed in custody of another person or institution
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9
Q

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

A

Obligations when searching PLACE, VEHICLE or OTHER THING

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10
Q

Search and Surveillance Act 2012
Section 131
What MUST you do under this section?

A

RAIN

  • Announce intention to enter and search
  • Name of enactment and reason
  • Identify by name
  • Provide I.D if not in police uniform
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11
Q 
Search and Surveillance Act 2012
Section 131(3)
What MAY you do under this section?
A

Use reasonable force to effect entry

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12
Q

Search and Surveillance Act 2012
Section 110
What MAY you do under this section?

A

Every search power authorises the person exercising it to:

(a) Enter and Search P/V and any items found in P/V
(c) Use reasonable force on property to carry out search and lawful seizure
(d) Seize anything that is the subject of the search or can lawfully be seized
(e) Bring and use any equipment/equipment found on property including electricity

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13
Q

Search and Surveillance Act 2012

Section 14

A

Emergency warrantless entry to prevent offences or respond to risk to life or safety.
RGTS offence is or is about to be committed that would cause serious injury/damage/loss of property, or risk to life and safety of person
Enter and take action to prevent/avoid the emergency

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14
Q

Search and Surveillance Act 2012

Section 7

A

Place/Vehicle
Person unlawfully at large
RGTB in place or vehicle
Enter, Search for person, and Arrest that Person

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15
Q

Search and Surveillance Act 2012

Section 8

A

Place/Vehicle/CADD
Committed Offence punishable by imprisonment
RGTB in place or vehicle
Without entry, there will be loss of offender or CADD of Evidential Material
Enter, Search for person, and Arrest that person

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16
Q

Search and Surveillance Act 2012

Section 83

A

Person CADD
Post K-9 and RGTB Evidential Material is at a place
Without entry it will be CADD
Enter, Search for Evidential Material, Seize

17
Q

Search and Surveillance Act 2012

Section 84

A

Vehicle Evidential Material
Post K-9 and RGTB Evidential Material is in or on a Vehicle
Enter, Search for Evidential Material, Seize

18
Q

Search and Surveillance Act 2012

Section 29

A

Stolen Property in Vehicle
RGTB stolen property is in or on any vehicle
Search the vehicle even if it is unoccupied or unattended (as long as it is in a public place)

19
Q

Search and Surveillance Act 2012

Section 92

A

Purposes for a Consent Search

  • Prevent offences
  • Investigate whether an offence has occured
  • Protect life or property
  • Prevent injury or harm
20
Q

Search and Surveillance Act 2012

Section 93

A

Advise given before Consent Search

  • Determine search is for reason under Section 92
  • Advise reason of Search
  • Advise person they may consent or refuse
  • Advise consent can be withdrawn at any time
21
Q

Search and Surveillance Act 2012

Section 123

A

Seizure of Items in Plain View
Part of duties executing a
- Search power
- Lawful search
- Lawfully in location
May seize any item found in search or as a result of observations if
RGTB could have seized item under a search warrant or any other search power.

22
Q

Search and Surveillance Act 2012

Section 112

A

Seizure of items of uncertain status
Exercising search power and
Uncertain if item may be lawfully seized and
It is not reasonably practical to determine if it can be seized at that present time
You may remove the item for analysis to determine whether it can lawfully be seized

23
Q

Search and Surveillance Act 2012

Section 9

A

Stopping vehicle to find person unlawfully at large or who has committed imprisonable offence
RGTS person is unlawfully at large or
Has committed an offence punishable by imprisonment and
You have RGTB person is in the vehicle
You may Stop the vehicle without warrant to arrest the person

24
Q

Search and Surveillance Act 2012
Section 169
What must you do under this section?

A

Reporting Use of Power
Must report when using Warrantless power of entry, search and surveillance
Sections:
7, 8, 83, 84, 29

RNZPC 327 (15 decks)

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