Search And Surveillance Module

Question 1

What is the purpose of the search and surveillance act 2012

Answer 1

1. Modernizing the law of search, seizure and surveillance to take into account advances in technologies and regulate the use of those technologies
2. Providing rules that recognize the importance of the rights and entitlements affirmed in other enactments
3. Ensuring investigative tools are effective and adequate for law enforcement needs

Question 2

How will police comply with the act

Answer 2

1. Conduct risk assessments when planning the exercise of those powers and take action to mitigate risks to protect the safety of the public and employees carrying out the acts powers
2. Only seize what police are lawfully entitled to seize
3. Provide appropriate announcements and identification in the exercise of those powers
4. Ensure it has lawful authority to conduct such activities and exercise any other incidental power in relation to those activities, including use of force
5. Satisfy requirements detailed in the act (e.g notice and inventory requirements after search and surveillance)

Question 3

What is reasonable grounds to suspect

Answer 3

Means having a sound basis for suspecting that a situation or circumstance exists (e.g suspect offence committed)

Question 4

What is reasonable grounds to believe

Answer 4

Means having a sound basis for believing that a situation or circumstance exists (e.g believe a search will find evidential material)

Question 5

When you have formed your reasonable grounds what must you do

Answer 5

Record your reasonable grounds for using a search power in your notebook

Question 6

What is a lawful and reasonable search

Answer 6

Lawful:

• search warrant
• warrantless search power
• persons consent

Reasonable:

• complies with section 21 bill of rights act considers,
• nature of search
• how intrusive is search
• where and when search takes place

Question 7

What may you consider in determining whether it is practicable to obtain a search warrant

Answer 7

1. Is there time to gain approval and apply for a search warrant
2. Can the scene be secured
3. Are reasonable resources available to minimize risk and ensure safety
4. Is evidential material at risk
5. Location of the search and who may be present

Question 8

Why use a search warrant

Answer 8

1. Ensures judicial oversight
2. Provides greater protection for police and the public
3. Requires recording and reporting of results

Question 9

Four reasons why you would conduct a search by consent

Answer 9

1. Investigate whether offence has been committed
2. Prevent commission of an offence
3. Protect life or property
4. Prevent injury or harm