Search Intro Flashcards
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 for believing that a situation or circumstnace exists
Lawful vs Reasonable
Lawful is a search conducted with a warrant, warrantless search power or by consent
Reasonable is a search that complies with S21 of NZ Bill of Rights Act and considers factors such as:
Nature of search
How intrusive the search is
Where and when the search takes place
Undertaking a consent search
Must advise the person of the reason of the proposed search and that they may consent or refuse to consent to the search.
They may withdraw the consent at any time. If done stop search unless you can invoke a warrantless search power.
CADD
Concealed, Altered, Damaged Destroyed
Obligations under Section 131
RAIN: Identify yourself (Name) Announce your intention (Intent) State the name of the act (Act) The reason for the search (Reason)
Provide a notice - copy of search warrant or a warrentless search notice..
Detain persons require Bill of Rights read.
Exceptions to identification and notice - Section 131
Don’t have to comply if there is RGTB no one is present.
Don’t have to comply with requirements on initial entry if you have RGTB this would:
Endanger any persons safety
Prejudice the successful use of entry and search
prejudice ongoing investigations
What if a person refuses entry
You may use reasonable force to enter if the person refuses entry or does not allow entry within a reasonable time following the request.
What if there is no one at the place where the search is to be conducted
You may use reasonable force to enter the place, vehicle or thing if you have RGTB no one is present.
If person not present you must provide a notice of search and inventory of items seized as soon as possible WITHIN 7 DAYS.
Power to Search - Section 110
Section 110 authorises you to:
- enter and search the place vehicle or thing
- search any item or items found in that place, vehicle or thing
- use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure
- seize anything that is the 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 thing
- bring and use a trained law enforcement dog and handler
- copy any document, or part of any document that may be lawfully seized.
- access a computer system or other data storage device
- copy intangible material
- take photographs, sound and video recordings and drawings
What if your search is impeded
If search impeded by any person or if you have RGTB that any person would obstruct or hinder:
Section 116
- exclude that person from the P V or T or any area in or on P or V.
- Give any reasonable direction to that person
Additional Search Powers - Section 116
Section 116 - secure a P V or T and exclude any person from there.
Additional Search Powers - Section 118
Section 118 - detain people when searching to determine whether there is any connection between them and the P or V and the the object of the search
Additional Search Powers - Section 119
Section 119 - Search people found when searching P or V if you have RGTB that evidential material that is the object of the search is on that person
OR
RGTS that person is in possession of a dangerous item that poses a threat to safety and believe immediate action required
Additional Search Powers - Section 120
Section 120 - Fresh Pursuit and RGTB evidential material is still on that person power to enter and apprehend the person and search the person or vehicle.
