Search Introduction

Question 1

Purpose of the Act - Sec 5

Answer 1

-Modernising the law of Search, Seizure & Surveillance
-Providing rules that recognise importance of the rightsand entitlements affirmed in other enactments.
- Ensuring investigative tools are effective and adequate for law enforecement needs.

Question 2

RGTS

Answer 2

RGTS means having a sound basis for suspecting that a situation or circumstance exists.

Question 3

RGTB

Answer 3

RGTB means having a sound basis for believing that a situation or circumstance exists.

Question 4

Lawful Search

Answer 4

• with a search warrant
• under a warrantless power
• with the persons consent

Question 5

Reasonable Search

Answer 5

• complies with s.21 NZBOR Act
• considers factors such as
• –the nature of the search
• –how intrusive the search is
• –where and when the search takes place

Question 6

Is a Search Warrant practicable decision making

Answer 6

• is there time to gain approval and apply for search warrant
• can the scene be secured
• are reasonable resources available to minimise risk and ensure safety
• is evidential material at risk
• location of the search and who may be present

Question 7

Why use a search warrant?

Answer 7

• Ensures judicial oversight
• provides greater protection for Police and the public
• Requires recording and reporting of results

Question 8

Reasons for a Consent Search (Sections 91-96)

Answer 8

• to prevent the commission of an offence
• to investigate whether an offence has been committed
• to protect life or property
• to prevent injury or harm
  You can not randomly conduct a consent search. One or more of the above reasons must apply.

Question 9

Advise before consent search

Answer 9

• the reason for proposed search
• they may consent or refuse to consent to the search
  They may withdraw consent at any time and you must stop.

Question 10

Age to consent to search

Answer 10

A person under 14 years of age can not consent to the search of a place, vehicle or thing (unless alone in a vehicle)

Question 11

Does consent search have to be reported?

Answer 11

No

Question 12

Evidential material

Answer 12

means any evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.

Tangible is something physical that can be touched. Intangible is something not having a physical presence, eg - emails or information on the internet.

Question 13

CADD

Answer 13

Concealed - By burying or hiding items in another place or removing items

Altered - By changing or removing serial numbers from stolen property in an attempt to disguise it.

Damaged - By cutting out the firewall of a stolen car to remove an identifying feature.

Destroyed
By consuming food, alcohol or drugs, burning clothing.

Question 14

S 131 Obligations cover…

Answer 14

Identification, intention reason and notice

Question 15

S 131 Obligations - before intial entry you must

Answer 15

Identify yourself by name or unique identifier
Announce your intention to enter and search
State the name of the Act
Give notice by providing a copy of the search warrant
Remember when you have detained a person for the purpose of a search you must caution them (BOR)

Question 16

S 131 Obligations - warrantless search power

Answer 16

Must state reason for your search
Must provide a copy of the search warrant or a warrantless search notice to occupier (POL1275)
Provide inventory of items seized
Report your use of certain powers
Consider privilege

Question 17

s 131 - Giving notice (warrantless power)

Answer 17

State the name of the Act under which the search is taking place and the reason for the search
You can use POL1275 - search notice to occupier

Question 18

s 131 exceptions

Answer 18

Reasonable grounds to believe
* no one is present
* endanger any persons safety
* prejudice the successful use of the entry and search power
* prejudice on-going investigation

Question 19

Time frame for providing POL268 and POL1275 when persons not present

Answer 19

7 days

Question 20

S 110 - powers

Answer 20

• enter and search the place, vehicle or other thing, that you are authorised to enter and search
• search any item or items found in that place, vehicle or thing (if reasonable)
• use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure
• seize anything that is 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 other thing
• bring and use a trained law enforcement dog and its handler
• copy any document that may be lawfully seized
• access a computer system or other data storage device
• copy intangible material
• take photographs, sound and video recording and drawings

Question 21

s 116 - excluding person

Answer 21

If you have RGTB that any person would obstruct/hinder your ability to search you may use this section to exclude that person from the thing being searched or any area in or on the place being search
Give any reasonable direction to that person

Question 22

s 116 - summary

Answer 22

you can secure a place, vehicle, or other thing to be searched and exclude any person from there

Question 22

s 119

Answer 22

You can search people found when searching places and vehicles if you have RGTB that evidential material that is the object of the search is on that person OR
if you have RGTS that the person is in possession of a dangerous item that poses a threat to safety and you believe immediate action is need to address that threat

Question 23

s 118

Answer 23

you can detain people when searching places and vehicles for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search

Question 24

s 120

Answer 24

If you are in fresh pursuit and with RGTB that relevant evidential material is still on the person you have the power to enter any place to apprehend the person and search the person or vehicle

Question 25

AWOCA

Answer 25

If a person resists use the AWOCA process.
Ask, Why, Options, Confirm, Action

Question 26

Searching people - what can you do?

Answer 26

Search any item the person is wearing, carrying, has in their possession or immediate control.
Seize any item if it is the item you are looking for or it is an item that may be lawfully
Must be conducted with decency and sensitivity. With a degree of privacy and dignity that is consistent with achieving the purpose of the search.

Question 27

Privilege material includes…

Answer 27

Communication with:
* legal advisors
* minster of religion
* medical practitioners
* clinical psychologists
* informants
* journalists

Question 28

When does privelge NOT apply?

Answer 28

No privilege applies if the information is made, received, compiled or prepared for a dishonest purpose or to enable or aid any person to commit an offence

Question 29

Procedures for searches involving privileged material

Answer 29

You must:
* ensure that the person or their representative is present when the search is undertaken
* give the person a reasonable opportunity to claim privilege
The person may make a copy of any document seized.
If you are searching and have RGTB that anything discovered during the search may be privileged you must provide the person an opportunity to claim privilege.
If something is claimed as privilege it should be secure the thing but do not continue to examine it

** You must complete an inventory listing all documents seized and show this to the person present and invite them to check the accuracy of the inventory. You must leave a copy with them.