Search & Surveillance Act Flashcards
What enactments are not recorded in the search and surveillance system
Criminal proceeds recovery act 2009 films videos and publications classifications act 2007 mutual assistance in criminal matters act 1992
What documents are required for an application for issuing officer
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
How is a community impact assessment form updated while executing a search warrant
Mentally update this is the situation changes during execution of the search warrant
An issuing officer may allow an application without a personal appearance or oral communication if satisfied that
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
When must a planned action risk assessment and card prompt be completed
They must be completed before the search warrant was executed and where practicable before the application is authorised
An issuing officer may allow an application to be made orally if satisfied that
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
Becs capturing oral applications early enables
The target history details to populate on any relevant future applications on the same target and compliance with statutory requirements under the act
What is the definition of evidential material
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
What is the definition of a tracking device
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
What is the definition of interception device
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
What is the definition of visual surveillance device
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
What is the definition of informant
Any person who provide verbal or written information whether or not in recorded form to law enforcement officer
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
The credibility of the informant and or whether there is a proper basis for issuing the warrant
What are the three types of devices for surveillance that are regulated
In interception device a tracking device a visual surveillance device
What is the purpose of the surveillance act
To monitor compliance with the law and the investigation in prosecution of offences in a manner that is consistent with human rights values
When Can a defendant opt to have trial by jury
When the penalty for the offence is or includes imprisonment for two years or more
Under what circumstances is someone charged with an offence imprisonable by two or more years not entitled to trial by jury
If the offence is under Military Law tried before a military tribunal
What is the defendant entitled to if the penalty for the offence that he has committed changes by the time of sentencing
He is entitled to the benefit of the Lesser penalty
The New Zealand Bill of Rights act applies only to
Acts done by the legislative, executive or judicial branches of the government.
The performance of any public function power or Duty pursuant to law
The New Zealand Bill of Rights act is primarily intended to Affirm protect and promote human rights and fundamental freedoms. it provides
Protection against the powers of government agencies, minimum standards for public decision-making, protection for human rights and basic freedoms
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
Demonstrably justified in a free and democratic society
Generally a search for seizure will be reasonable if it is
Conducted under a statutory power in the public interest in administering criminal justice outweighs the individuals privacy interest
There is no sick definition of a search either Institute or caselaw recent caselaw suggests a search
Requires a conscious act of state intrusion into an individual’s reasonable expectation of privacy as opposed to a mere observation
A search is not
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
Seizure is defined as
Removing something from the possession of someone else. A photograph is not a ‘seizure’
When is a search unreasonable
If the circumstances giving rise to it make the search itself unreasonable or if the search is carried out in an unreasonable manner
What is the definition of arrest
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
A person will be regarded as detained if
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
When will it a rest or detention be arbitrary
If it is capricious or without reasonable cause
Also if the arrest or detention was unlawful or proper procedures were not followed
In arbitrary arrest or detention may lead to
Exclusion of evidence, release from detention, or compensation
There is a positive obligation on place to ensure that all people who are arrested detained or deprived of the liberty are treated with
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
Youth rights must be given
In a manner and in language that the child or young person can understand
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
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
What is the active elicitation test from the Supreme Court
Where a person has exercised their right to silence but subsequently makes incriminating statements not knowing that they are talking to the police
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
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
How much effort should be be put in to contacting a lawyer
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
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
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
What are justified limitations
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’