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Search and surveillance > Search introduction > Flashcards

Search introduction Flashcards

1
Q

RGTS

A

Reasonable grounds to suspect means having a sound basis for suspecting that a situation or circumstance exists

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2
Q

RGTB

A

Sound basis for believing that a situation or circumstance exists

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3
Q

What is a lawful search?

And what is a reasonable search?

A

Lawful is a search conducted with a warrant, warrantless search power or by consent

Reasonable is a search that complies with S21 of NZ Bill of Rights Act and considers factors such as:
Nature of search
How intrusive the search is
Where and when the search takes place

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4
Q

When should a search warrant be applied for, even if there are warrantless powers available?

A

If it is at all practicable to do so

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5
Q

There must be RGTB it is not practicable to apply for a search warrant.
What are some things to consider when determining if it is practicable?

A
  • Is there Time to get search warrant
  • can scene be secured (sec 117)
  • are there resources for executing search warrant
  • is evidence at risk
  • location of the search and who might be present
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6
Q

When a search warrant is not practicable, what two options are there to search?

A

Warrantless power of search:

Search by consent:

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7
Q

Why use a search warrant?

A
  • Ensures judicial oversight
  • provides greater protection for police and public
  • requires reporting and recording of results.
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8
Q

A consent search must be for one of the following reasons:

sec 91-96

A
  • prevent commission of an offence
  • Investigate if an offence has occured
  • protect life or property
  • prevent injury or harm
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9
Q

What advice must you give before a consent search.

A

Must advise the person of the reason of the proposed search and that they may consent or refuse to consent to the search.

They may withdraw the consent at any time. If done stop search unless you can invoke a warrantless search power.

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10
Q

Can a person under 14 consent to the search of a place, vehicle or thing?

A

NO cannot consent- unless they are the driver of a car with no other passengers to give such consent

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11
Q

Examples of CADD:

A

Concealed: buried or hidden

Altered: changing or removing serial numbers

Damaged: Cutting out the firewall of a stolen car to remove ID tags

Destroyed: consuming food, alcohol, drugs or burning clothes

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12
Q

What are your obligations under sec 131?

A
  • ID self by name or QID
  • intention to enter and search
  • state name of act
  • provide copy of SW
  • Detained person must be given BOR
  • Reason for the search when using warrantless powers
  • Provide a copy of Property record for items seized
  • Report use of any powers
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13
Q

When do you not need to comply with obligations to provide ID, intention and notice upon initial entry?

A

When RGTB no one is home

When RGTB this would endanger safety, jeopardise successful entry or on-going investigations.

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14
Q

When may reasonable force be used for entry?

A

When RGTB no one is home.

When occupier refuses you entry or does not allow entry within a reasonable time following the request.

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15
Q

What must be provided and in what time frame if no one is present during search?

A

If person not present you must provide a notice of search and inventory of items seized as soon as possible WITHIN 7 DAYS.

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16
Q

What does sec 110 authorise you to do? (11 things)

A
  • enter and search the place vehicle or thing
  • search any item or items found in that place, vehicle or thing
  • use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure
  • 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 thing
  • bring and use a trained law enforcement dog and handler
  • copy any document, or part of 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
17
Q

What does sec 116 enable you to do?

A

If a person impedes the search, or RGTB they will, then use sec 116 to:

  • Exclude them from the place, vehicle or thing, or area being searched.
  • Give reasonable direction to that person

Additionally:
-Secure a place vehicle or thing and exclude any person from there.

18
Q

Powers under sec 118?

A

Section 118 - detain people found at or who arrive, when searching to determine whether there is any connection between them and the P or V and the the object of the search

19
Q

Powers under sec 119, and who can use them?

A
  • Search a person found when searching P or V if there are RGTB they have evidence that is object of the search
  • Search a person if have RGTS they have possession of dangerous item that is a threat to safety and believe immediate action is required to remove the threat.

Can be used by any person who has power of arrest

20
Q

POwers under sec 120?

A

If in fresh pursuit, and RGTB relevant evidence is still on the person, can enter any place to apprehend person AND search PERSON or VEHICLE.

21
Q

If person resists search use AWOCA which stands for:

A

Ask - to comply with search

Why - you want to search them / reasons for search /
search powers

Options - allow search or be arrested for obstruction

Confirm - they understand options

Action - take action / arrest for obstruction

22
Q

Examples of recognised privileged materials:

A

material gained through communication through

  • legal advisers
  • ministers of religion
  • medical practitioners
  • clinical psychologists
  • informers
  • journalists
23
Q

Privileged Material - When does it not apply

A

if information is made, received or compiled for a dishonest purpose

24
Q

When a search involves privileged material held by a person you must:

A

Ensure that the person or their representative is present when the search is undertaken

give the person a reasonable opportunity to claim privilege

If requested, Must allow them to make a copy of the documents before taking them

25
Q

What is the purpose of SASA12 (sec5)

A

to monitor compliance with the law and the investigation and prosecution of offences in a manner that is consistent with human rights values by—
(a)
modernising the law of search, seizure, and surveillance to take into account advances in technologies and to regulate the use of those technologies; and
(b)
providing rules that recognise the importance of the rights and entitlements affirmed in other enactments, including the New Zealand Bill of Rights Act 1990, the Privacy Act 1993, and the Evidence Act 2006; and
(c)
ensuring investigative tools are effective and adequate for law enforcement needs

26
Q

what is the definition of evidence?

A

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

Search and surveillance (4 decks)

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