Search and Surveillance Act Module Flashcards
Purpose of the Act
Section 5
To facilitate the monitoring of compliance with the law and the investigation and prosecution of offences in a manner that is consistent with human rights values by:
- modernising the law of search, seizure and surveillance to take into account advances in technology
-providing rules that recognise the importance of the rights and entitlements in other Acts
-ensuring investigative tools are effective and adequate for law enforcement needs
How to comply - Police will…
- ensure it has lawful authority to conduct searches etc and exercise any incidental power in relation to those activities, including use of force
- conduct risk assessments and take action to mitigate risk
- only seize what can lawfully be seized
- provide appropriate announcements and identification in the exercise of those powers
- satisfy requirements detailed in the Act
RGTS
Reasonable grounds to suspect means having a sound basis for suspecting that a situation or circumstance exists.
RGTB
Reasonable grounds to believe means having a sound basis in believing that a situation or circumstance exists.
Reasonable Grounds - You must…
record your reasonable grounds for using a search power in your notebook. This is your decision log.
Beware you may be required to report on your decision to use a power or your grounds for using it or justify your use of a power in Court.
Lawful search
- with a search warrant
- under a warrantless power
- with the persons consent
Reasonable search
- complies with s.21 NZBOR Act
- considers factors such as
- –the nature of the search
- –how intrusive the search is
- –where and when the search takes place
Is a Search Warrant practicable decision making
Consider
- is there time to gain approval and apply for search warrant
- can the scene be secured
- are reasonable resources available to minimise risk and ensure safety
- is evidential material at risk
- location of the search and who may be present
Why use a search warrant?
- Ensures judicial oversight
- provides greater protection for Police and the public
- Requires recording and reporting of results
Reasons for a Consent Search
- 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
You can not randomly conduct a consent search. One or more of the above reasons must apply.
Advise before consent search
- the reason for proposed search
- they may consent or refuse to consent to the search
They may withdraw consent at any time and you must stop.
Age to consent to search
A person under 14 years of age can not consent to the search of a place, vehicle or thing (unless alone in a vehicle)
Does consent search have to be reported?
No
Evidential material
means any evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.
C in CADD
Concealed
By burying or hiding items in another place or removing items
A in CADD
Altered
By changing or removing serial numbers from stolen property in an attempt to disguise it.
1st D in CADD
Damaged
By cutting out the firewall of a stolen car to remove an identifying feature.
2nd D in CADD
Destroyed
By consuming food, alcohol or drugs, burning clothing.
S 131 Obligations cover…
Identification, intention reason and notice
S 131 Obligations - before intial entry you must
Identify yourself by name or unique identifier
Announce your intention to enter and search
State the name of the Act
Give notice by providing a copy of the search warrant
Remember when you have detained a person for the purpose of a search you must caution them (BOR)
S 131 Obligations - warrantless search power
Must state reason for your search Must provide a copy of the search warrant or a warrantless search notice to occupier (POL1275) Provide inventory of items seized Report your use of certain powers Consider privilege
S 131 - Giving notice (search warrant)
Provide a copy of search warrant
s 131 - Giving notice (warrantless power)
State the name of the Act under which the search is taking place and the reason for the search
You can use POL1275 - search notice to occupier
s 131 exceptions
Reasonable grounds to believe
- no one is present
- endanger any persons safety
- prejudice the successful use of he entry and search power
- prejudice on-going investigation
Time frame for providing POL268 and POL1275 when persons not present
7days
S 110 - powers
- enter and search the place, vehicle or other thing, that you are authorised to enter and search
- search any item or items found in that place, vehicle or thing (if reasonable)
- use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure
- seize anything that is subject of the search or anything else that may be lawfully seized
- request assistance with entry and search
- bring and use any equipment found on the place, vehicle or other thing
- bring and use a trained law enforcement dog and its handler
- copy any document that may be lawfully seized
- access a computer system or other data storage device
- copy intangible material
- take photographs, sound and video recording and drawings
s 116 - excluding person
If you have RGTB that any person would obstruct/hinder your ability to search you may use this section to exclude that person from the thing being searched or any area in or on the place being search
Give any reasonable direction to that person
s 116 - summary
you can secure a place, vehicle, or other thing to be searched and exclude any person from there
s 118
you can detain people when searching places and vehicles 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
s 119
You can search people found when searching places and vehicles if you have RGTB that evidential material that is the object of the search is on that person OR
if you have RGTS that the person is in possession of a dangerous item that poses a threat to safety and you believe immediate action is need to address that threat
s 120
If you are in fresh pursuit and with RGTB 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
AWOCA
If a person resists use the AWOCA process.
Ask, Why, Options, Confirm, Action
Searching people - what can you do?
Search any item the person is wearing, carrying, has in their possession or immediate control.
Seize any item if it is the item you are looking for or it is an item that may be lawfully
Must be conducted with decency and sensitivity. With a degree of privacy and dignity that is consistent with achieving the purpose of the search.
Privilege material includes…
Communication with:
- legal advisors
- minster of religion
- medical practitioners
- clinical psychologists
- informants
- journalists
When does privelge NOT apply?
No privilege applies if the information is made, received, compiled or prepared for a dishonest purpose or to enable or aid any person to commit an offence