Search introduction

Question 1

Purpose of S&S Act 2012 (3)

Answer 1

1. Modernising the law of search, seizure, and surveillance to take into account advances in technologies and to regulate the use of those technologies.
2. Providing rules that recognise the importance of the rights and entitlements affirmed in other enactments.
3. Ensuring investigative tools are effective and adequate for law enforcement needs.

Question 2

Lawful search

Answer 2

• With a search warrant or
• Under a warrantless search power or
• With the person’s consent

Question 3

Reasonable search

Answer 3

Complies with section 21 of the NZ Bill of Rights Act and considers factors such as:
- The nature of the search
- How intrusive the search is
- Where and when the search takes place

Question 4

Considerations for applying for a SW over a warrantless search power

Answer 4

• Is there time to gain approval and apply for a SW
• Can the scene be secured (117)
• Are reasonable resources available to minimise risk and ensure safety
• Is the evidential material at risk
• Location of the search and who may be present

Question 5

Using a search warrant (3)

Answer 5

1. Ensures judicial oversight.
2. Provides greater protection for Police and the public.
3. Requires recording and reporting of results.

Question 6

Consent search (must be one reason)

Answer 6

• 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.

Question 7

Undertaking a consent search

Answer 7

You must advise the person of the reason for the proposed search and they may consent or refuse to consent to the search.

Question 8

Consent search and under 14 years

Answer 8

A person under 14 years is unable to consent to the search of a place, vehicle or other thing (unless they are found driving with no passenger of or over 14 years of age with authority to consent to the vehicle’s search).

Question 9

CADD

Answer 9

Concealed, altered, destroyed, damaged

Question 10

Section 131

Answer 10

Obligations:
- Identify yourself by name or by unique identifier
-. Provide evidence of identity if not in uniform
- Announce your intention to enter and search
- State the name of the Act
- Give notice by providing a copy of the search warrant
- Caution them

Question 11

Section 110 (11)

Answer 11

• Enter and search the place, vehicle or other thing that you are authorised to enter and search.
• Search any items/s found in that place, vehicle or thing.
• Use reasonable force.
• 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 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 recordings and drawings.

Question 12

Section 116

Answer 12

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

Question 13

Section 118

Answer 13

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 14

Section 119

Answer 14

• 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 that immediate action is needed to address that threat.

Question 15

Section 120

Answer 15

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 16

Section 125

Answer 16

You can search any item that the person is wearing, carrying, has in their physical possession or immediate control.

Question 17

Detained person tries to leave

Answer 17

You can use reasonable force to detain the person to be searched (s118).

Question 18

Person arrives at search place

Answer 18

• Exclude that person from teh search scene if you have RGTB the person will obstruct or hinder your powers (s116).
• Detain that person to determine if there is any connection between them and the object of your search (s118).
• Search that person if you have RGTB that they may have evidential material on them (s119).
• Search that person if you have RGTS that they may have a dangerous item that poses a threat to safety and you believe you need to act immediately to address that threat (s119).

Question 19

Privileged groups

Answer 19

• Legal advisers
• Ministers of religion
• Medical practitioners
• Clinical psychologists
• Informers/informants
• Journalists

Question 20

Procedures for privileged material

Answer 20

• Ensure that the person or their representative is present when the search is undertaken.
• Give the person a reasonable opportunity to claim privilege.

Question 21

Steps before making a SW application

Answer 21

1. RGTS that an offence punishable by imprisonment has been, will be or is about to be committed.
2. RGTB that the search will find evidential material in respect of the offence in the place, vehicle, other thing or facility.
3. Have checked the targets history in NIA for other SW applications/outcomes.
4. Have assessed the risks associated with executing the SW.
5. Have obtained initial approval from a supervisor at or above the rank of sergeant to proceed with the online application.

Question 22

Section 117

Answer 22

If a SW application is about to be made or has been made and you are waiting to hear if it has been authorised, and you have RGTB that evidential material may be CADD or removed before the SW can be issued you can:
- enter and secure a place, vehicle or other thing
- secure any item found there
- direct any person to assist with entry and securing the place or vehicle or securing items in it.

May be exercised until:
- the expiry of 6 hours from when the power is first exercised.
- the warrant is available for execution at that place or vehicle or in respect of that other thing.
- the application for a SW is refused.

Question 23

Issuing officers

Answer 23

• District Court Judge
• High Court Judge
• Justice of the Peace
• Community Magistrate
• Registrar
• Deputy Registrar

Question 24

Execution of a SW

Answer 24

• Have seized the evidential material specified in the SW or
• Leave the place, vehicle or other thing to be searched and do not return within 4 hours.

Question 25

Application to postpone compliance without notice obligations

Answer 25

If providing a copy of the SW or inventory would:
- endanger the safety of any person or
- prejudice ongoing investigations
You can apply to a Judge under s134 of the Act.
Application must be presented:
- at the time of the SW application or
- before 7 days has passed after the SW execution
A Judge can postpone these obligations for a period not exceeding 12 months.

Question 26

What should the person in charge of a SW briefing do

Answer 26

• ensure all required staff are present
• reinforce verbal information given with visual prompts
• use maps, charts, diagrams, photographs
• provide copies of all important documents
• ensure all staff are clear about their roles and responsibilities
• identify and advise staff of what they can record in their notebooks during the briefing as all entries may be disclosable

Question 27

Obligations for executing a SW

Answer 27

• identification and notice requirements when searching place, vehicles and other things (s131)
• the rules for searching people (s125)
• power incidental to search (s110)
• reporting (s169)

Question 28

Additional powers when executing a SW

Answer 28

• securing a place, vehicle or other thing to be searched and excluding any person from there (s116)
• powers of detention incidental to search of places or vehicles (s118)
• powers of search by a person who has a power of arrest (s119)
• stopping vehicles for search (s121)
• moving vehicles for search/safekeeping (s122)
• seizure of items in plain view (s123)
• items of uncertain status may be seized (s112)

Question 29

Entry obligations when executing a SW

Answer 29

• Identify yourself by name or unique identifier
• Provide evidence of identity if not in uniform
• State the name of the Act and reason for your search
• Announce your intention to enter and search
• Provide a copy of the SW

Question 30

Drug SW’s

Answer 30

You may search any person found in the place or vehicle you are searching (s19)

Question 31

SW execution on a vehicle

Answer 31

Section 127 allows you to enter any place:
- to locate the vehicle to execute the SW if
- you have RGTB that the vehicle is there.

Question 32

Items of uncertain status

Answer 32

Section 112
Remove items for examination or analysis off-site to determine if you can seize them lawfully. Any item you want to remove must be within the scope of the original search.

Question 33

Items in plain view

Answer 33

Section 123
You have RGTB that you could have seized the item under a SW or other search power.