Search Introduction Flashcards
Purpose of the act: To facilitate -
- Monitoring of compliance with law
- Investigation & prosecution of offences
consistent with HRV
Purpose of the act: By
- Modernising laws to account for new technologies
- Providing rules recognising rights and entitlements in other enactments
- Ensuring investigative tools are effective and adequate
How to comply
- Satisfy requirements. E.g notice and inventory
- Conduct risk assessments
- Only seize what Police are entitled to
- Provide appropriate announcements and identification
- Ensure there is lawful authority
Lawful Search
- Search Warrant
- Warrantless Search
- Consent
Reasonable Search
- Complies with s21 NZBORA 1990 (unreasonable search or seizure)
- Considers nature of search, how intrusive, where and when
Warrant preference rule
- If at all practicable, you should apply for a SW
- A decision that application for a SW is not practicable in the circumstances must be based on RGTB
“Practicable in the circumstances” considerations
- Times to gain approval?
- Resources
- Is the evidential material at risk?
- Can it be secured under 117?
- Location of search and who may be present
Why use a Search Warrant?
P - Provides greater protection for Police and public
R - Requires recording a reporting of results
E - Ensures judicial oversight
Reasons for a Search by consent + sections
Sections 91 - 96 S&S
Must be for one of the following reasons:
- Prevent the commission of an offence
- Investigate whether offence has been committed
- Protect life or property
- Prevent injury or harm
What must you do when undertaking a consent search
Must advise:
- reason for the proposed search
- that they may consent or refuse
A person under 14y is unable to consent to search of a P,V or T unless they are the driver of a vehicle with no older passenger
s131 Obligations: Identification, Intention, Reason, Notice
- RAIIN
- Provide copy of Search Warrant or POL 1275 for WS
- Provide Inventory of items seized
Other search obligations
S169 - Report use of certain powers
S136 - S147 Consider privilege
Exceptions to obligations
- No one present (notice provided within 7 days)
- Endanger any persons safety
- Prejudice successful use of the power
- Prejudice ongoing investigations
Section 110 S&S - For any search power
- Enter & Search PVC
- Search any items found
- Use reasonable force to facilitate search
- Seize anything that can be
- Request assistance
- Bring and use any equipment to facilitate search
- Bring and use dogs
- Copy any document and access any data storage devices
- Copy intangible material
- Take photographs, audio and video recordings
Section 116 S&S
“Fuck off dicks”
- Secure PVT
For persons impeding search
- Exclude from PVT
- Give any reasonable direction
Section 118 S&S
“Come here mate”
Power to detain people when searching PVT to determine whether there is any connection between the person and the object of the search
Section 119 S&S
“Intertwined”
Search people when searching Places or Vehicle (includes people turning up) if there is RGTB evidential material is on them
OR
RGTS is in possession of a dangerous item - immediate action needed
Section 120
“120kph”
Fresh pursuit
RGTB evidential material on the person
Enter any place to apprehend person
Search person or vehicle
S125 Special rules for searching people
- Includes any item the person is wearing, carrying, has in physical possession or immediate control
- conducted with decency and sensitivity
- affords a degree of privacy and dignity consistent with achieving the purpose of the search
Privileged Material Includes
Material gained through communication with:
- legal advisors
- ministers of religion
- Medical practitioners
- clinical psychologists
- informants
- journalists
Privileged Material - Practical Procedures
- Ensure person or representative is present for search
- give person reasonable opportunity to claim privilege
- Complete inventory, provide copy
- Do not continue to search thing unless claim of privilege is not made, withdrawn or search in accordance with directions of the court
