Search & Surveillance

Question 1

What does S.112 allow you to do?

Answer 1

If you are carrying out a lawful search and it is not reasonably practicable to determine whether any item can be lawfully seized, you may:

-Remove items for examination or analysis off-site to determine if they can be lawfully seized *NOTE: the items must be within the scope of the original search

E.g. Drugs that need to be analysed to confirm their nature, large amounts of documents that cannot be assessed onsite

Question 2

What acronym should be used when conducting a search warrant briefing?

Answer 2

GSMEAC

Ground -location to be searched, address, neighbours

Situation -reason for seeking warrant, background on suspects/POI’s

Mission -address, suspects, specific EM

Execution -timings, method of entry, roles, responsibilities, exhibit handling, vulnerable people

Admin -travel to and from, timings, recording of EM

Command & Signals - radio channel, cell phone numbers, debrief

Question 3

What does S.127 allow you to do?

Answer 3

Enter any place to:
-Locate a vehicle to execute a search warrant (IF)
-You have RGTB that the vehicle is there

Question 4

What conditions are there on the granting of a SDW for the use of an interception device?

Answer 4

A SDW warrant will only be granted for the use of an interception device to gather EM for:
-Offences punishable by 7 years or more imprisonment
-Identified Arms Act 1983 offences
-Identified Psychoactive Substances Act 2013 offences

Question 5

Who can issue a Search Warrant

Answer 5

Issuing Officers, being:
-High Court Judge
-District Court Judge

Or any person authorised by the attorney general such as:

-Community Magistrate
-Registrar
-Deputy Registrar
-Justice of the Peace

Question 6

What is a surveillance device (SD)?

Answer 6

A surveillance device is any device that assists and enhances your normal capabilities to carry out surveillance

Question 7

What level of belief must you have in relation to the practicability to apply for a SW if deciding to use a warrant less power instead of applying for a SW?

Answer 7

A decision that applying for a search warrant is not practicable must be based on RGTB that it is not practicable in the circumstances to obtain said warrant

Question 8

What is trespass surveillance?

Answer 8

Surveillance that involves trespassing onto land or trespass to goods

Question 9

What are the different types of SD’s?

Answer 9

A visual surveillance device
A interception device
A tracking device

Question 10

What restrictions may an issuing officer put on a search warrant?

Answer 10

-Restrict the time when the search can reasonably be executed
-Require the occupier or person in charge of a place to provide assistance to the officer executing the search warrant
-Require a report on the search warrant within a specified time

Question 11

What is a ‘serious offence’ in regards to the S&S Act 2012

Answer 11

Any offence punishable by 7 years or more imprisonment

Question 12

How many times can a search warrant be executed?

Answer 12

Only once, unless you have justified to the issuing office why it is necessary to execute more than once and they have authorised you to do so

Question 13

What must you satisfy the issuing officer in order to obtain a search warrant?

Answer 13

-There are RGTS an offence punishable by imprisonment has been, will be or is about to be committed

-There are RGTB that the search will find EM relating to the specified offence in that place, vehicle or other thing

Question 14

Under S.46E what surveillance can you conduct without a SDW?

Answer 14

Observe private activity in the curtilage of a premises by means of a surveillance device for:
-A single investigation (or) connected series of investigations
-For no more than 3 hours in any 24hr period (and)
-No more than 8hrs total

Question 15

What do you need to do regarding premises that you’ve forced entry into and rendered insecure?

Answer 15

-Must never leave it insecure
-Must liaise with the owner or occupier to secure their own property, offer to wait for them if necessary
-At the owners request engage a contractor to make the premise secure on the understanding that they are paying for the cost
-Attempt a temporary repair where feasible

Question 16

What should you do if the issuing officer declines your application

Answer 16

-Record the reasons for the issuing officer refusing to sign
-Consider the issues raised and if possible re-draft a new application ensuring you have addressed the concerns
-Re-submit the application to the same issuing officer

If the issues cant be addressed:

-Make further enquiries to support (or otherwise) the application
-Consider whether to continue your investigation without conducting a search warrant
-If the reason for not signing the search warrant do not seem justified, submit a report to Legal Services for direction

Question 17

What does S.116 allow you to do?

Answer 17

Secure a place, vehicle or other thing to be searched and exclude any person from there if you have RGTB that person would obstruct or hinder the search

Question 18

What is a tracking device?

Answer 18

A device that is used to help ascertain;
-The location of a person or thing
-Whether something has been opened, tampered with or in some way dealt with
-Does not include a vehicle or other means of transport e.g. following in a helicopter

Question 19

Why at times would you use a PO instead of a Search warrant?

Answer 19

Often production orders are less intrusive and involve less cost than search warrants

Question 20

When can a search warrant be executed?

Answer 20

At any time unless restrictions have been put in place by the issuing officer as a condition of the search warrant

Question 21

What does S.120 allow you to do?

Answer 21

If you are in fresh pursuit of someone and have RGTB they are in possession of EM you can:

Enter and search any place or vehicle to apprehend the person and the EM believed to be on them

Question 22

What is a voluntary oral communication?

Answer 22

A communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded

There is no obligation to obtain a SDW to intercept and record a voluntary oral communication

Question 23

In what situation do you not have to meet your obligations under S.131

Answer 23

If you believe providing a copy of the search warrant or inventory would:

-Endanger the safety of any person (or)
-Prejudice any ongoing investigation

You may apply to a Judge at the time of the search warrant application (or) within 7 days of executing the search warrant to postpone meeting these obligations for up to a maximum of 12 months

Question 24

What must you do if your risk assessment identify’s a baby or toddler at the address to be searched?

Answer 24

The execution plan must mitigate the risks to everyone’s safety and staff must be fully briefed as to the risks and plans to mitigate their own and public safety

Question 25

List the obligations under S.131 you must meet before effecting any search?

Answer 25

N -Identify yourself by name or QID/ provide evidence of ID if not in uniform A -State the name of the Act I -Announce your intention to enter and search R- Give reason for the search/provide copy of search warrant

Question 26

What does S.118 allow you to do?

Answer 26

Detain any person while searching place and vehicles to determine their connection to the place or vehicle or object of the search

Question 27

How can you apply for a PO?

Answer 27

-Must apply in writing along with a personal appearance before or communication orally with a issuing officer, unless it is impractical to do so in the circumstances In that case you may: -Make an application orally e.g. phone (or) -Have your application considered without a personal appearance or oral communication e.g. email

Question 28

Define ‘Evidential Material’

Answer 28

Evidential material is anything that is evidence of the offence, or any other item, tangible or intangible, that is of relevance to the investigation of the offence

Question 29

What must be done when using a SD in an emergency situation in regards to reporting?

Answer 29

Must report to a Judge within 1 month after the date of the last day of any period of 48hrs or less over which the SD was used

Question 30

What factors should be considered when deciding whether it is practicable to obtain a search warrant or not?

Answer 30

-Is there time to gain approval and apply for warrant -Can the scene be secured (under section 1170 -Are reasonable resources (including number of staff) available to minimise risk and ensure safety -Is EM at risk -Location of the search and who is present

Question 31

Why uses a search warrant over a warrant-less search?

Answer 31

-It provides judicial oversight -It provides greater protection for Police and public -Requires reporting and recording of results

Question 32

List the categories of lawful searches that you can think of?

Answer 32

Search warrant Warrant-less search Consent search

Question 33

When does trespass surveillance occur?

Answer 33

As soon as an enforcement officer steps onto private property without consent

Question 34

What is a private premise?

Answer 34

A private dwelling house, marae and any other premises that are not within the definition of non-private premise

Question 35

Who can issue a Search Warrant

Answer 35

Issuing Officers, being: -High Court Judge -District Court Judge -Community Magistrate -Registrar -Deputy Registrar -Justice of the Peace

Question 36

What do your obligations under S.131 S&S 2012 cover?

Answer 36

They cover the identification, intention, reason and notice requirements for the search

Question 37

What must you do if no one is present during a search?

Answer 37

Provide a copy of the search warrant or warrantless search notice and an inventory of items seized to the occupier within 7 days of the completion of the search

Question 38

Who must approve the use of an interception device in an emergency?

Answer 38

A Detective Inspector, unless: -the immediacy of the situation does not allow for prior planning and approval from a DI and Legal Services (and) -statutory criteria is met (and) -an opportunity arises to obtain EM that would otherwise be lost if not taken at the time

Question 39

What must you do when you have formed a belief or suspicion regarding a search?

Answer 39

Record your reasonable grounds for using a search power in your notebook, this is your decision log

Question 40

What must you do if your PO request relates to a media organisation?

Answer 40

Request approval from a Police Executive member at PNHQ or a District Commander for a district matter

Question 41

What are the conditions of S.117

Answer 41

Powers of S.117 may be used until: 1. For up to 6 hours from when the power is first exercised 2. The warrant is available for execution at that place or vehicle or in respect of that other thing 3. The warrant application is denied

Question 42

Why use a Search Warrant?

Answer 42

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

Question 43

Describe what makes a search ‘reasonable’ under the S&S Act 2012

Answer 43

A ‘reasonable’ search is a search that; -Complies with Section 21 of NZBORA (AND) considers factors such as: -The nature of the search -How intrusive the search is -Where and when the search takes place

Question 44

Define ‘Intangible’

Answer 44

Something that is unable to be touched; not having physical presence

Question 45

What is curtilage?

Answer 45

The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any open fields beyond. It defines the boundary within which a homeowner can have reasonable expectation of privacy and where common daily activities take place

Question 46

What does CADD stand for & give an example of each

Answer 46

Conceal -burying or hiding items Alter -disguise, changing or altering serial numbers Damage -burning off a vin from stolen car Destroy -burning clothes, consuming drugs

Question 47

What does S.110 allow you to do?

Answer 47

-Enter and search the place, vehicle or thing you are authorised to search -Search any item found in that place, vehicle or thing -Use reasonable force to carry out the search and lawful seizure -Seize anything that is the subject of the search or anything else able to be lawfully seized -Request assistance with entry and search -Bring and use any equipment found on the place, vehicle or thing -Bring and use any 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

Question 48

How long is a search warrant valid for?

Answer 48

-The standard is no more than 14 days from the date of issue as specified by the issuing officer -Unless you have justified to the issuing officer why it needs to be longer, in which case the maximum is no more than 30 days from the date of issue specified by the issuing officer

Question 49

What grounds must be met to apply for a PO?

Answer 49

-RGTS that an offence punishable by imprisonment has, is or will be committed -RGTB that the documents sought by the proposed order: -constitute EM in respect of the specified offence -are in the possession or control or will be in the possession or control against whom the order is sought while the order is in force

Question 50

What should the person in charge of a search warrant briefing do?

Answer 50

-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 present are clear on their roles and responsibilities -Identify and advise staff of what they can record in their notebooks during briefings as all entries may be disclosable The briefer should also clearly identify all risks and how to mitigate them as well as any issues relating to sensitive or source (CHIS) related information

Question 51

When is a search warrant considered executed?

Answer 51

-When EM specified in the search warrant has been seized (or) -When you leave the place, vehicle or other thing to be searched and do not return within 4 hours

Question 52

Define ‘Tangible’

Answer 52

Something that may be touched

Question 53

What steps must be taken before applying for a SW?

Answer 53

-Have RGTS that an offence has, is or will be committed -Have RGTB that the search will find EM in respect of the suspected offence -Have checked targets in NIA for other search warrant applications/outcomes -Have assessed the risks associated with executing the SW -Have obtained initial approval from supervisor

Question 54

What must you do if a claim is made or is likely to be made after executing a SW?

Answer 54

Complete a report to the District Commander or National Manager covering: -Circumstances in which the warrant was executed -Grounds for its execution -Damage caused or associated circumstances -Outcome of the search warrant -Details of the owner/occupier or user of the property -Nature and basis of the claim -Any steps taken by Police to prevent further loss and damage

Question 55

What may a SDW authorise the use of a tracking device for?

Answer 55

To obtain EM of ANY imprisonable offence

Question 56

What is a private activity?

Answer 56

A participant in an activity can reasonably expect the activity is private if it is carried out in a private premise. Whether something is 'reasonable to expect' is an objective test e.g what any person would expect

Question 57

What surveillance can Police carry out when they lawfully enter a premises?

Answer 57

-They may carry out surveillance by way of unaided observation, unaided sense of hearing and smell. -They can also record by way of audio or visual device what they can see or hear, as long as the device does not enhance their abilities to do so

Question 58

What is an interception device?

Answer 58

Any electronic device that is used or is capable of being used to intercept or record private communications (including telecommunication) Does not include any hearing aid or similar device used to correct normal subnormal hearing

Question 59

Define ‘Reasonable Grounds To Supect’

Answer 59

Having a sound basis for suspecting that a situation or circumstance exists

Question 60

What is a visual surveillance device?

Answer 60

A visual surveillance device: -Any electronic device, apparatus or equipment that is capable of being used to observe and record private activity -Does not include any glasses, contact lenses or other device used to correct subnormal vision

Question 61

What does the S&S Act 2012 regulate in relation to surveillance?

Answer 61

The S&S Act only regulates surveillance activity that is done by way of a surveillance device

Question 62

What does S.46 state?

Answer 62

That any observation of private activity on a private premises and any recording of the same using a visual surveillance device must be done so under a surveillance device warrant There are two exceptions: -Situations of emergency or urgency -Activities that do not require a warrant

Question 63

What are the 7 steps in the search warrant process?

Answer 63

1. Gain prior approval 2. Gain online approval 3. Gain issuing office approval 4. Plan and brief SW execution 5. Execute SW 6. Report outcome 7. File investigation records

Question 64

What is privilege?

Answer 64

Privilege allows holders of particular information to refuse to disclose this information

Question 65

What does S.119 allow you to do?

Answer 65

-Search any person found in the place, vehicle being searched if you have RGTB they have EM on them -Search any person found in the place or vehicle being searched if you have RGTS that they are in possession of a dangerous item

Question 66

What are the two key ingredients that must exist for a situation to be recognised as an emergency or urgency

Answer 66

1. 'Entitled to apply' -Meaning you would be entitled to apply for a SDW as the situation is one of serious criminal activity 2. 'impracticable in the circumstances' -Meaning you need to use the device urgently as it is not immediately practicable to obtain a SDW

Question 67

Why use a PO over a search warrant?

Answer 67

A PO is less intrusive than a SW and involves less cost than a SW. Although there are compliance costs for a PO these costs are usually offset against the avoidance and disruption of a SW

Question 68

What circumstances must exist to justify conducting a consent search?

Answer 68

The search must be: -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 69

What must you advise the person from whom consent is being sought before conducting a consent search?

Answer 69

-The reason for the proposed search -That they may consent or refuse to consent to the search

Question 70

If it is not practicable to obtain a SW what other options are available to you?

Answer 70

-Search using a warrantless power if there is one available to you -Request to search by consent (not proffered as additional rules that apply in order to be lawful)

Question 71

What is the maximum period SDW can be used without warrant?

Answer 71

48hrs

Question 72

What is a Production Order?

Answer 72

Production orders are orders made under Section 74 of the S&S Act 2012 requiring a person or organisation to produce documents to enforcement agencies as EM of a specified offence. They are issued by issuing officers

Question 73

Describe what makes a search ‘lawful’ under the S&S Act 2012

Answer 73

A search that is conducted: -With a search warrant (or) -Under a warrant less search power (or) -With a persons consent

Question 74

What must the applicant do if making an oral application for a PO?

Answer 74

Must complete the application form as soon as practicable and within 24hrs of the order being granted

Question 75

Define 'intercept' in relation to a private communication

Answer 75

To hear, listen to, record, monitor, acquire or receive any private communication either; -when it is taking place (or) -while it is in transit

Question 76

What may you do when exercising a power to search a person?

Answer 76

-Detain the person to enable the search to be carried out (for as long as is reasonably necessary -Use force that is reasonable for the purposes of the search -Search any item that the person is wearing, carrying or is in the persons physical possession or immediate control -Seize anything carried by or in their physical possession or immediate control if the thing is the subject of the search or may be lawfully seized

Question 77

What is an example of another situation where you may use S.117/

Answer 77

If you arrive at the target address and the search warrant address is incorrect (wrong house/flat number). You could use this to enter and secure the address until the warrant was corrected

Question 78

How long may a SDW be issued for?

Answer 78

-No more than 60 days -Of note there is no renewal procedure for a SDW. To extend the period of the SDW you must make a new application

Question 79

Who does privilege pertain to?

Answer 79

-Legal advisers -Ministers of religion -Medical practitioners -Clinical Psychologists -Informers (CHIS) -Journalists

Question 80

When is a SDW required for the use of a tracking device?

Answer 80

Must obtain a SDW for any use of a tracking device other than: -The installation of a TD for the sole purpose of establishing if a thing has been opened, tampered with or otherwise dealt with AND the installation of the device does not require any trespass to land or goods

Question 81

What is Police surveillance?

Answer 81

Police surveillance is a planned and directed activity, either open or covert and for the purpose of: -Observing of people, vehicles, places and things and recording those observations -Ascertaining the location of a person, vehicle or thing (or) - Whether that thing has been tampered with -Intercepting a private communication

Question 82

What does S.48 allow?

Answer 82

S.48 allows the use of a SD without warrant in situations of emergency or urgency. These situations being: -RGTS an offence has, is or will be committed -RGTB that use of SD will obatin EM relating to the offence The offences covered are: -Punishable by 14+yrs Imprisonment -Certain Arms Act 1983 offence - Certain drug offences -Protection Order or PSO Offences OR -Any situation likely to cause injury or serious property loss/damage and the use of SD is necessary to prevent offending from being committed or continued -Any situation presenting risk to life and safety and a SD device is necessary as an emergency response (S.14)

Question 83

What is a private communication?

Answer 83

Private communication is: a) Any communication (whether oral, written or via telecommunication) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties in the communication BUT b) does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that communication may be intercepted by some other person without having the express or implied consent of any party to do so

Question 84

Who can execute a search warrant?

Answer 84

The person to whom it is directed or any constable

Question 85

In what circumstances may Police pay for any loss or damage caused as a result of a search warrant

Answer 85

When the method of entry used or the manner in which the search is conducted is not reasonable in the circumstances (e.g smashing down an unlocked door) When the search warrant is executed at the wrong address and there is loss or damage caused

Question 86

If a victim of a sexual violation phones the suspect to see if he will make admission and gives me permission to record the call without the suspects knowledge, would I need to get a surveillance device warrant for that and why/why not?

Answer 86

No because only one person needs to consent for voluntary oral communication. Voluntary oral communication is a communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded.

Question 87

Who may apply for a PO?

Answer 87

Any enforcement officer may apply for a production order

Question 88

Define ‘Reasonable Grounds To Believe’

Answer 88

Having a sound basis for believing that a situation or circumstance exists

Question 89

What are the exceptions to the identification and providing notice obligations under S.131?

Answer 89

If you have RGTB: -That no one is present AND That complying with these obligations would: -Endanger the safety of any person -Prejudice the successful use of the entry and search power -Prejudice ongoing investigations

Question 90

Generally speaking who does the responsibility lie with to repair damage caused during a search warrant

Answer 90

The owner occupier unless the method of entry or manner in which the search was conducted was unreasonable in the circumstances (or) the search warrant was executed at the wrong address

Question 91

What must you satisfy the issuing officer in order to obtain a search warrant?

Answer 91

-There are RGTS an offence punishable by imprisonment has been, will be or is about to be committed -There are RGTB that the search will find EM relating to the specified offence in that place, vehicle or other thing

Question 92

Do Police pay for damage caused during a search warrant?

Answer 92

Where the execution of a search warrant or other statutory power IS justified by the outcome of it's execution, and the resulting loss or damage is suffered by the subject of the search or process, compensation will be seldom paid

Question 93

In what circumstances does privilege not apply?

Answer 93

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 94

What is the maximum duration for a PO?

Answer 94

Production orders are in force for the period specified in the order, not exceeding 30 days

Question 95

What does S.123 allow you to do?

Answer 95

Seize any item found in plain view if: -RGTB that the item could be seized under a search warrant or any other warrant-less power

Question 96

Who is unable to consent to a consent search?

Answer 96

A person under 14 years of age is unable to consent to the search of a place, vehicle or other thing

Question 97

What does S.121 allow you to do?

Answer 97

Stop any vehicle if you have the authority to search it by: -Executing a search warrant -Using a warrant-less power

Question 98

What does S.117 allow you to do?

Answer 98

-Enter and secure any place, vehicle or other thing -Secure any item found there -Direct any person to assist with entry and securing the place, vehicle or thing IF a search warrant is, or is about to be applied for and you have RGTB that if entry is not effected immediately EM may be CADD

Question 99

What must you do if using a warrantless search power?

Answer 99

-State the reason for the search -Provide a copy of a warrantless search notice to the occupier -Provide a inventory of items seized -Report the use of certain powers

Question 100

What must you do before undertaking trespass surveillance?

Answer 100

You must obtain a SDW to use a visual surveillance device to carry out trespass surveillance.

Question 101

What must you do when entering a place, vehicle or other thing to execute a search warrant?

Answer 101

-Name -identify self by name or QID & provide ID if not in uniform -Act -identify the Act the search is being enacted under -Intention -identify your intention to enter and search -Reason -advise of the reason for the search -Provide -provide a copy of the search warrant (unless warrant-less power being used)

Question 102

What is a non-private premise?

Answer 102

Any premise to which the public generally has access to e.g. hospital, bus station, airport

Question 103

What does AWOCA stand for?

Answer 103

Ask -Greet the person and identify self -ask the person to comply Why- Give the reasons for your actions (NAIR) Options- Present options to person, warn for obstruction Confirm- Confirm they understand their options Action- Take action, arrest or search