Search Introduction - Definitions and Discussion Flashcards
Define reasonable grounds to suspect
Having a sound basis for suspecting that a situation or circumstance exists.
Define reasonable grounds to believe
Having a sound basis for believing that a situation or circumstance exists.
When you have formed a belief or suspicion what must you do?
Record your reasonable grounds for using a search power in your notebook. This is your decision log.
In regard to you decision making what might you be required to do?
Report on your decision rouse a power and your grounds for using it, and;
Justify your use of a power in court or in other formal proceedings.
Under S&S a lawful search is a search that is conducted:
With a search warrant, or
Under a warrantless search power, or
With the person consent
Under S&S a reasonable search is a search that…..
Complies with section 21 of the NZBRA and considers factors such as:
The nature of the search
How intrusive the search is
Where and when the search takes place
Before considering any search…
You must think about whether applying for a search warrant is practicable in the circumstances.
If it is at all practicable…
To do so then you should apply for a search warrant even if a warrantless power is available.
When making a decision to apply for a search warrant, when is it not practicable?
decision must be based on RGTB that it is not practicable to apply for a search warrant in the circumstances.
When you are thinking about what is practicable consider questions such as….
Is there time to gain approval and apply for a search warrant, and
Can the scene be secured(under section 117), and
Are reasonable resources(including number of staff) available to minimise risk and ensure safety, and
Is the evidential material at risk, and
Location of the search and who may be present.
