Search & Surveillance Act

Question 1

What enactments are not recorded in the search and surveillance system

Answer 1

Criminal proceeds recovery act 2009 films videos and publications classifications act 2007 mutual assistance in criminal matters act 1992

Question 2

What documents are required for an application for issuing officer

Answer 2

A draft search warrant for the issuing officer signature
a copy of the draft search warrant and noticed to the occupier
all documents tended in support of the application

Question 3

How is a community impact assessment form updated while executing a search warrant

Answer 3

Mentally update this is the situation changes during execution of the search warrant

Question 4

An issuing officer may allow an application without a personal appearance or oral communication if satisfied that

Answer 4

The question of whether the Warrant should be issued can be properly determined on the basis Of the applicants written communication and the information required for the application has been supplied to the issuing officer and there is no need to ask questions of or seek further information from the applicant

Question 5

When must a planned action risk assessment and card prompt be completed

Answer 5

They must be completed before the search warrant was executed and where practicable before the application is authorised

Question 6

An issuing officer may allow an application to be made orally if satisfied that

Answer 6

Requiring a written application would result in a delay that would compromise the effectiveness of the search and the question of whether the warrant should be issued can be properly determined on the basis of an oral communication or personal appearance and all the required information is supplied to the issuing officer

Question 7

Becs capturing oral applications early enables

Answer 7

The target history details to populate on any relevant future applications on the same target and compliance with statutory requirements under the act

Question 8

What is the definition of evidential material

Answer 8

In relation to the offence or suspected offence means evidence of the offence or any other item tangible or intangible of relevance to the investigation of the offence

Question 9

What is the definition of a tracking device

Answer 9

Tracking device means a device that may be used to help ascertain by electronic or other means either or both of the following the location of a thing or a person whether a thing has been opened tampered with or in some other way dealt with but does not include a vehicle or other means of transport such as a boat or helicopter

Question 10

What is the definition of interception device

Answer 10

Any electronic mechanical electromagnetic optical electro optical instrument apparatus equipment or other device that is used or is capable of being used to intercept record a private communication including telecommunication but does not include a hearing aid or similar device used to correct sub normal hearing of the user to no better than normal hearing

Question 11

What is the definition of visual surveillance device

Answer 11

Any electronic mechanical electromagnetic optical electro optical instrument apparatus equipment or other device that is used or is capable of being used to observe or to observe and record a private activity but does not include spectacles contact lenses or a similar device used to correct some normal version of the user to know better than normal vision

This is a wide definition it includes photographic and video cameras and binoculars, and it encompasses anything else that enhances normal vision

Question 12

What is the definition of informant

Answer 12

Any person who provide verbal or written information whether or not in recorded form to law enforcement officer

Question 13

And issuing officer may require you to supply further information concerning the grounds on which the warrant a sort they must not have any circumstances require you to disclose the name address or any other identified details of an informant and Liz and only to the extent that the information is necessary for them to assess

Answer 13

The credibility of the informant and or whether there is a proper basis for issuing the warrant

Question 14

What are the three types of devices for surveillance that are regulated

Answer 14

In interception device a tracking device a visual surveillance device

Question 15

What is the purpose of the surveillance act

Answer 15

To monitor compliance with the law and the investigation in prosecution of offences in a manner that is consistent with human rights values

Question 16

When Can a defendant opt to have trial by jury

Answer 16

When the penalty for the offence is or includes imprisonment for two years or more

Question 17

Under what circumstances is someone charged with an offence imprisonable by two or more years not entitled to trial by jury

Answer 17

If the offence is under Military Law tried before a military tribunal

Question 18

What is the defendant entitled to if the penalty for the offence that he has committed changes by the time of sentencing

Answer 18

He is entitled to the benefit of the Lesser penalty

Question 19

The New Zealand Bill of Rights act applies only to

Answer 19

Acts done by the legislative, executive or judicial branches of the government.

The performance of any public function power or Duty pursuant to law

Question 20

The New Zealand Bill of Rights act is primarily intended to Affirm protect and promote human rights and fundamental freedoms. it provides

Answer 20

Protection against the powers of government agencies, minimum standards for public decision-making, protection for human rights and basic freedoms

Question 21

The Bill of Rights act requires that any limits on the rights and freedoms are to be reasonable such that they are capable of being

Answer 21

Demonstrably justified in a free and democratic society

Question 22

Generally a search for seizure will be reasonable if it is

Answer 22

Conducted under a statutory power in the public interest in administering criminal justice outweighs the individuals privacy interest

Question 23

There is no sick definition of a search either Institute or caselaw recent caselaw suggests a search

Answer 23

Requires a conscious act of state intrusion into an individual’s reasonable expectation of privacy as opposed to a mere observation

Question 24

A search is not

Answer 24

Kneeing and using a torch to observe an article secreted inside a car headlight. asking a person to hold up a bicycle so the serial number could be checked. asking a person to hold out their hands for inspection. a voluntary request to a power company for aggregated Monthly power usage data

Question 25

Seizure is defined as

Answer 25

Removing something from the possession of someone else. A photograph is not a ‘seizure’

Question 26

When is a search unreasonable

Answer 26

If the circumstances giving rise to it make the search itself unreasonable or if the search is carried out in an unreasonable manner

Question 27

What is the definition of arrest

Answer 27

Arrest must have its crimes act meaning of a communicated intention on the part of the police officer to hold the person under lawful authority

Question 28

A person will be regarded as detained if

Answer 28

There is physical deprivation of a persons liberty or there are statutory restraints on a persons movement or they have a reasonably held belief induced by police conduct or other official conduct that they are not free to leave

Question 29

When will it a rest or detention be arbitrary

Answer 29

If it is capricious or without reasonable cause

Also if the arrest or detention was unlawful or proper procedures were not followed

Question 30

In arbitrary arrest or detention may lead to

Answer 30

Exclusion of evidence, release from detention, or compensation

Question 31

There is a positive obligation on place to ensure that all people who are arrested detained or deprived of the liberty are treated with

Answer 31

Humanity and respect for the inherent dignity of the person

Serious deliberate or reckless ill-treatment of a detainee may breach section 9 (right not to be subjected to torture or cruel treatment

Question 32

Youth rights must be given

Answer 32

In a manner and in language that the child or young person can understand

Question 33

Can a person detained or arrested having spoken with the lawyer and told police they do not wish to answer any further questions, con police still question them

Answer 33

There is no absolute prohibition on further questioning by the police after the right to silence has been asserted, rights earlier asserted may be waved provided the waiver is an informed and voluntary one

Question 34

What is the active elicitation test from the Supreme Court

Answer 34

Where a person has exercised their right to silence but subsequently makes incriminating statements not knowing that they are talking to the police

Question 35

Police cannot deny privacy on the grounds no private room is available with regards to a detainee speaking with the lawyer.

However in some circumstances the right to privacy may be overridden by other considerations, what are they

Answer 35

Police may be justified in not offering privacy where it would not be safe to leave the accused alone or because there was a risk that the appellant will try to dispose of evidence and warn others.

Privacy may not be necessary where the suspect has indicated that they do not require it

Question 36

How much effort should be be put in to contacting a lawyer

Answer 36

You must make a reasonable honest and determined effort to contact the lawyer

There is no legal requirement for Police to offer a suspect the opportunity to phone multiple lawyers if they are not satisfied with the legal advice they have obtained when their rights have been properly facilitated

Question 37

I suspect is not obliged to have a lawyer present during the interview however the waiver of the right to a lawyer must be established in a

Answer 37

Unequivocal manner.

A valid waiver requires a conscious choice that is both informed in voluntary and it cannot be implied from silence or failure to request rights

Question 38

What are justified limitations

Answer 38

An arrested person must be charge promptly or be released. there is an urgency about this requirement but matters such as reasonable time for processing, obtaining legal advice and other police emergencies are ‘justified limitations’