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CIB_019 - Search and Surveillance Act > SEARCH INTRODUCTION > Flashcards

SEARCH INTRODUCTION Flashcards

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1
Q

Purpose of the Act

A

Section 5 - Purpose of the act is 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
• Modernise the law of search, seizure and surveillance taking into account the advances of technology and regulate the use of those technologies
• Provides the rules of recognising the rights and entitlement stated in the enactments
• Ensure investigate tools are efficient and adequate for law enforcement

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2
Q

How to comply with S&S Act ?

A
  • Only seize what Police are lawfully entitled to seize
  • Provide appropriate announcement and identification in the exercise of those powers
  • Satisfy requirements detailed in the Act
  • Conduct risk assessment when planning the exercise of those powers and take action to mitigate risks to protect the safety of public and staff
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3
Q

Definition of RGTB and example ?

A

Having a sound basis of believing a circumstances of situation exists

• You enter and search a property because you believe EM will be located at that place, vehicle, other thing

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4
Q

Definition of RGTS and example ?

A

Having a sound basis of suspecting a circumstances or situation exists

• You suspect an offence or suspected offence is being, has been or about to happen at that place, vehicle or other thing

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5
Q

Reasonable Grounds, you must ? And be aware that you may be required to?

A
  • When you form a belief or suspicion you make a clear decision and record that belief and suspicion
  • Must be recorded your decision for reasonable grounds and powers used an note it in your notebook - which is your decision log
  • Required to make note of grounds and powers used and justify your decision of powers used in court or other formal proceedings
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6
Q

To undertake a warrantless search of a person for controlled drug (S&S S.22) you must ?

A
  • Have RGTS an offence against the MODA 1975 has been, or is being or is about to be committed in respect of that controlled drug or precursor substance and
  • Have RGTB that a person is in possession of an controlled drug or precursor substances
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7
Q

Under the S&S Act a lawful search is a search that is conducted with a ?

A
  • Search Warrant
  • Warrantless Search Power
  • Persons consent
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8
Q

Under the S&S Act a reasonable search is a search that ?

A
  • Complies with s21 of NZBOR Act 1990 and considers factors such as
  • Nature of the search
  • How instructive the search is
  • Where and when the search takes place
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9
Q

When you are thinking about what’s is practicable consider questions such as ?

(What to think about when applying for a search warrant if it is practicable in the circumstances)

A
  • Is there time to gain approval and apply for a search warrant
  • Can the scene be secured (s117)
  • Are reasonable resources (including staff) available in minimise risk and ensure safety
  • Is the evidential material at risk (CADD)
  • Location of the search and who may be present
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10
Q

If it is not practicable in the circumstances to apply for a search warrant, there may be two other search options available for you ?

A
  • Search using a warrantless power

* Search by consent

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11
Q

Why use a search warrant ?

A
  • Ensure judicial oversight
  • Provides greater protection for Police and the public
  • Requires recording and reporting of results
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12
Q

Before conducting a search by consent you must determine that the search is for one of the following reasons ?

(Search by consent)

A
  • Prevents injury
  • Investigate whether an offence has been committed
  • Protective of life and property
  • Prevents the commission of an offence
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13
Q

Before conducting a search by consent, what must you advise the person from whom the consent is sought ?

(undertaking a consent search)

A
  • The reason for the proposed search

* May consent and refuse to the consent search

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14
Q

The person who consents to the search may do what during a consent search ?

A

• Person who consents to search them self, Place, vehicle, or other thing may withdraw their consent at any time, you must stop immediately unless you invoke a warrantless search power continue the search

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15
Q

Rules surrounding a person under the age of 14 years (consent search) ?

A

Person under the age of 14 cannot consent to the search of a place, vehicle or other thing

(Unless they are found driving with no passenger of or over the age of 14 years of age who has authority to consent to search of the vehicle)

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16
Q

Definition of EM ?

A

• In relations to a particular offence, means evidence of the offence or any other item, tangible or intangible of relevance to the investigation of the offence

17
Q

Example of CADD ?

A

• Concealed
By burying or hiding items in another place or removing items
• Altered
Changing or removing serial numbers from stolen property in an attempt to disguise it
• Damaged
Cutting out the firewall of a stolen car to remove an identifying feature
• Destroy
By consuming food, alcohol or drugs, burning clothes

18
Q

In the content of S&S obligations are actions that must be carried out.

When searching a place, vehicle or other thing you must comply with obligations set out in s131 ?

A

Obligation covers Identification, Intention, Reason and Notice
Before initial entry you must
• ID yourself by name or QID
• Provide evidence of ID if not in uniform
• Announce your intention for the search
• State the name of the act
• Give notice by leaving a copy of the search warrant
• When you detain a person of a search you must caution them (BOR)

19
Q

If you are using warrantless search power you must state the reason for your search, you must also

A
  • Provide a copy of the search warrant or warrant less search power (POL1275) and inventory of items seized
  • Report your use of power (s169)
  • Consider privilege (s136-147)
20
Q

S.131 you must give notice to the occupier or person in charge, if executing a search warrant you must ?

A

• Provide a copy of the search warrant

21
Q

S.131 you must give notice to the occupier or person in charge

If using a warrantless search power you must ?

A
  • State the name of the enactment under which search is taking place & reason for the search
  • Comply with this obligation you can use form POL1275 search notice to occupier
22
Q

Exceptions to identification and notice

You are not required to comply with ID intention and notice requirement on initial entry if you have RGTB that ?

A

• No one is present
Also you do not have to comply with the requirements on initial entry if you have RGTB this would
• Endanger any person safety
• Prejudice the successful use of the entry and search power
• Prejudice on going investigations

23
Q

What if a person refuses entry ?

A

• Use reasonable force to gain entry of doesn’t allow entry within a reasonable time following request

24
Q

What if there is no one at the place where the search is to be conducted ?

A
  • Use reasonable force to enter place, vehicle, other thing if you have RGTB no one is lawfully present
  • Leave a copy of the search warrant POL1275 and inventory of any material seized within 7 days of completion of the search
25
Q

Each search power authorises you to use additional powers when searching a place, vehicle, or other thing with or without a warrant

S.110 authorises you to

A
  • Request assistances with entry and search
  • Take photographs, sound and video recording and drawings
  • Seize anything that is subject of the search of anything else that may be lawfully seized
  • Bring and use any equipment found on the place vehicle or other thing
  • Bring and use a trained law enforcement dog and it’s handler
  • Copy any document or part of a document, that maybe lawfully seized
26
Q

What is your search is impeded ? Or if you have RGTB that any person would obstruct or hinder your ability to search then you could use section 116 to ?

A
  • Exclude person from that place, vehicle or other thing being searched of any area in or on the place or vehicle
  • Give any reasonable direction to that person
27
Q

What does s118 allow you to do ?

A

• You can detain people when searching place, vehicle, for the purpose of determining whether there is any connection between a person at the place and the object of the search

28
Q

What does s119 allow you to do ?

A

• Search a person found when searching a place and vehicle if you have RGTB that EM that is the object of the search is on that person
OR
• You have RGTB that the person is in possession of a dangerous item that poses threat to safety and you believe that immediate action is needed to address that threat

29
Q

What does s120 allow you to do if you are in fresh pursuit ?

A

• If you are in fresh pursuit and with RGTB EM is on that person you have power to ENTER any place to APPREHEND the person and SEARCH person or vehicle

30
Q

If a person resists a search use then AWOCA process to warn and arrest them for obstruction if necessary, what is AWOCA ?

A

• Ask
Greet person, ID self, ask to comply with search
• Why
Reason for search, Intention for the search
• Options
Allow search or K9 for obstruction
• Confirm
Confirm the person understands the options
• Action
Take action,

31
Q

Any search you undertake must be conducted with

A
  • Decency and sensitivity

* Degree of privacy and dignity that is consistent with achieving the purpose of the search

32
Q

What are the 3 special rules for searching people ? s.125

A

• Search any item that person is wearing, carrying, has in their physical possession or immediate control
• Seize any item ….. if that is the time you are searching for
• Seize any item that maybe lawfully seized even if it was not the subject of your search
*Remember to provide an inventory of these items

33
Q

If a person who is detained for the search tried to leave the place or vehicle you can ?

A

• Use reasonable force to detain the person for be searched

34
Q

If a person arrives at the place or vehicle and starts to talk to the person you have detained under s.118 ?

What options do you have ?

A

Depending on the circumstances you may
• Exclude from the search scene, RGTB will obstruct or hinder powers s.116
• Detain to determine if there is any connection between them and object of your search s.118
• Search person if you have RGTB they have EM to them s.119 (1)
• Search person if you have RGTS they have dangerous item that poses a threat to safety and you believe you need to act immediately to address that threat s.119 (2)

35
Q

Recognised privileged material includes material gained through communication with ?

A
  • Legal Advisors
  • Religious Ministers
  • Journalist
  • Medical Practitioners
  • Clinical Psychologist
  • Informants
36
Q

Privilege allows the holder or information to refuse to disclose this info which recognised as ‘privilege’ under S&S.

No privilege applies if the information is what ?

A

• No information is made, compiled, received or prepared for dishonest purposes or enable or aid a person to commit an offence

37
Q

There are set procedures when a search involves privileged material held by specified person. You must ?

A
  • Ensure the person or representative is present for the search
  • Give person reasonable time to claim privilege (ASAP after being given the opportunity that person must prove you with a list of things they claim are privileged

*The person may make a copy of any documents before seized and they may object to the seizure of any document

CIB_019 - Search and Surveillance Act (6 decks)

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