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S & S > Search Introduction > Flashcards

Search Introduction Flashcards

1
Q

Purpose of the act: To facilitate -

A
  • Monitoring of compliance with law
  • Investigation & prosecution of offences
    consistent with HRV
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2
Q

Purpose of the act: By

A
  • Modernising laws to account for new technologies
  • Providing rules recognising rights and entitlements in other enactments
  • Ensuring investigative tools are effective and adequate
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3
Q

How to comply

A
  • 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
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4
Q

Lawful Search

A
  • Search Warrant
  • Warrantless Search
  • Consent
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5
Q

Reasonable Search

A
  • Complies with s21 NZBORA 1990 (unreasonable search or seizure)
  • Considers nature of search, how intrusive, where and when
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6
Q

Warrant preference rule

A
  • 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
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7
Q

“Practicable in the circumstances” considerations

A
  • 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
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8
Q

Why use a Search Warrant?

A

P - Provides greater protection for Police and public
R - Requires recording a reporting of results
E - Ensures judicial oversight

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9
Q

Reasons for a Search by consent + sections

A

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

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10
Q

What must you do when undertaking a consent search

A

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

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11
Q

s131 Obligations: Identification, Intention, Reason, Notice

A
  • RAIIN
  • Provide copy of Search Warrant or POL 1275 for WS
  • Provide Inventory of items seized
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12
Q

Other search obligations

A

S169 - Report use of certain powers
S136 - S147 Consider privilege

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13
Q

Exceptions to obligations

A
  • No one present (notice provided within 7 days)
  • Endanger any persons safety
  • Prejudice successful use of the power
  • Prejudice ongoing investigations
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14
Q

Section 110 S&S - For any search power

A
  • 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
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15
Q

Section 116 S&S
“Fuck off dicks”

A
  • Secure PVT

For persons impeding search
- Exclude from PVT
- Give any reasonable direction

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16
Q

Section 118 S&S
“Come here mate”

A

Power to detain people when searching PVT to determine whether there is any connection between the person and the object of the search

17
Q

Section 119 S&S
“Intertwined”

A

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

18
Q

Section 120
“120kph”

A

Fresh pursuit
RGTB evidential material on the person
Enter any place to apprehend person
Search person or vehicle

19
Q

S125 Special rules for searching people

A
  • 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
20
Q

Privileged Material Includes

A

Material gained through communication with:
- legal advisors
- ministers of religion
- Medical practitioners
- clinical psychologists
- informants
- journalists

21
Q

Privileged Material - Practical Procedures

A
  • 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

S & S (5 decks)

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