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Police College > Search & Surveillance Act 2012 > Flashcards

Search & Surveillance Act 2012 Flashcards

1
Q

Reasonable grounds to believe

A

having a sound basis for believing that a situation or circumstance actually exists

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2
Q

Reasonable grounds to suspect

A

having a sound basis for suspecting that a situation or circumstance is likely to exist

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3
Q

SASA 2012
General Principles

A
  • all searches must be lawful and reasonable
  • you may only conduct a search if it has lawful authority
  • you must always either:
  • execute a search warrant, or
  • exercise a warrantless power, or
  • conduct a consent search.
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4
Q

If a search is not conducted under a lawful authority it will…

A
  • be unlawful
  • any evidence gathered may not be admissible
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5
Q

Hierachy of search

A
  1. Apply for a search warrant
  2. Use warrantless powers
  3. Undertake a consent search
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6
Q

Obligations for searching

A
  • Name (I am Constable SMITH)
  • Act (I intend to seach you under the SASA 2012)
  • Reason (to ensure you have nothing that may harm any person or facilitate your escape)
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7
Q

SASA 2012
Section 125
when exercising a power to search a person, you must:

A
  • identify yourself
  • advise the person being searched (name of the Act and reason for search)
  • provide evidence of your identity (if not in Police uniform)
  • promptly provide an inventory (of items seized, give a copy to the person you have searched)
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8
Q

SASA 2012
Section 125
when exercising a power to search a person, you may:

A
  • detain
    (for as long as necessary to carry out the search)
  • use reasonable force
    (to carry out the search (if needed arrest for obstruction and use force to complete the search))
  • search
    (any item the person is wearing/carrying or is in the person’s physical possession or immediate control)
  • seize
    (anything the person is carrying or is in their physical possession or immediate control, if that is the thing you are searching for or may lawfully be seized)
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9
Q

SASA 2012
Section 85
you may carry out a rub-down search of a person when:

A
  • the person is arrested
    or
  • detained under a statutory power of detention (any enactment)
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10
Q

SASA 2012
Section 85
the rub-down search is to ensure:

A

the person is not carrying anything that may be used to:
* harm any person
or
* faciliatate the person’s escape

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11
Q

SASA 2012
Section 85 search should be carried out on all people who…

A

have been arrested or detained under enactment before placing them in a vehicle or secure area

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12
Q

SASA 2012
examples of enactments under which a person can be detained in the context of Section 85 include:

A
  • Policing Act 2008 (intoxicated persons)
  • Mental Health (Compulsory Assessment and Treatment) Act 1992
  • Land Transport Act 1998
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13
Q

SASA 2012
Section 85
is there a requirement to complete an online notification for the search of a person carried out under this section?

A

No

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14
Q

SASA 2012
Section 85
If you are conducting a rub-down search you may do any or all of the following:

A
  • run or pat your hand over the body of the person being searched whether outside or inside the clothing
    (other than the underclothing)
  • insert your hand inside any pocket or pouch in the clothing of the person being searched
    (other than the underclothing)
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15
Q

SASA 2012
Section 85
For visual inspection, you may require the person being searched to:

A
  • open their mouth
  • display the palms of their hands
  • display the soles of their feet
  • lift or rub their hair
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16
Q

SASA 2012
Section 85

A

Rub-down search of arrested or detained persons

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17
Q

SASA 2012
Section 86

A

Things that can be done to facilitate a rub-down search

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18
Q

SASA 2012
Section 87

A

Rub-down search may include visual examination

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19
Q

SASA 2012
Section 86
when you are conducting a rub-down search you may require the person being searched to:

A
  • remove, raise, lower or open any outer clothing such as a:
    -coat
    -jacket
    -jumper
    -cardigan
  • being worn by that person except where the person has no other clothing, or only underclothing under the outer clothing and
  • remove any:
    -head covering
    -gloves
    -footwear
    -socks
    -stockings
  • items of clothing removed from the person can also be searched seperately
  • any items carried by or in the possession of the person being searched at the time of the search are also included in the search (bag etc, but this does not extend to the search of a vehicle)
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20
Q

SASA 2012
Section 87
a rub-down search may include:

A
  • a visual examination of the mouth, nose and ears
    but you must not:
  • insert any instrument, device or thing into any of those orifices

you may use an instrument or device to illuminate or magnify any of those orifices

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21
Q

SASA 2012
Section 88

A

warrantless search of arrested or detained persons (for evidential material)

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22
Q

SASA 2012
Section 88
you may search a person pursuant to arrest or statutory detention if…

A

you have reasonable grounds to believe the person is carrying anything that:
* is evidential material relating to the offence in respect of which the arrest is made or the person is detained for
or
* may be used to harm any person
or
* may be used to facilitate the person’s escape

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23
Q

SASA 2012
examples of enactments under which a person can be detained in the context of Section 88 include:

A
  • Policing Act 2008 (intoxicated persons)
  • Mental Health (Compulsory Assessment and Treatment) Act 1992
  • Land Transport Act 1998
  • Oranga Tamariki Act 1989
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24
Q

SASA 2012
Section 88
Searching for evidential material also includes…

A

looking for marks on a person for the purpose of identifiation such as:
* birthmarks
* tattoos
* scars

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25
Q

SASA 2012
Section 11

A

Warrantless searches of people who are, or are to be, locked up in Police custody

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26
Q

SASA 2012
Section 11
you may conduct a warrantless search of any person who has been taken into lawful custody and is or is to be locked up:

A
  • at a Police station
    or
  • in other premises being used for Police purposes
    or
  • in or about to be placed in a vehicle being used for Police purposes

you may conduct a warrantless search under this power before the person is locked up

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27
Q

SASA 2012
Section 11
You may also conduct a search of a person after they have been locked up if:

A
  • the person was not searched before they were locked up
    or
  • you reasonably suspect that they have been close to another person who has not been locked up in Police custody
    or
  • you reasonably suspect that they have been close to another person who has been locked up but not searched yet
    or
  • you have reasonable grounds to believe that the person may have anything that may be used to harm themselves or others
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28
Q

SASA 2012
Section 13

A

Property taken from people locked up in Police custody

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29
Q

SASA 2012
Section 13
if you take money and/or items of property from a person under s11, you must return them when the person is released from custody, unless you consider that:

A
  • any money or property may need to be given in evidence in proceedings arising out of a charge brought against the person
    or
  • possession of any money or property may constitute an offence
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30
Q

SASA 2012
Section 13
if the person is released from Police custody and placed in the custody of another person, money and property taken from them must be delivered to:

A
  • the person who is taking over custody
    or
  • the person in charge of the facility the person is being moved to
    unless
  • any money or property may need to be given in evidence in proceedings arising out of a charge brought against the person
    or
  • possession of any money or property may constitute an offence
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31
Q

SASA 2012
Section 91

A

Application of rules about consent searches

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32
Q

SASA 2012
Section 92

A

Purposes for which consent search may be undertaken

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33
Q

SASA 2012
Section 92
you may conduct a consent search for one or more of the following purposes:

A
  • 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
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34
Q

SASA 2012
Section 92
you may ask a person to consent to a search of:

A
  • themselves
  • a place
  • a vehicle
    or
  • a thing apparently in their control
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35
Q

SASA 2012
Section 93

A

Advice that must be given before consent search undertaken

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36
Q

SASA 2012
Section 93
before you undertake a consent search you must:

A
  • determine that the search is for a purpose authorised by s92
    and
  • advise the person of the reason for the proposed search
    and
  • advise the person that they may either consent to be searched or refuse to be searched
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37
Q

SASA 2012
Section 94

A

Circumstances where search is unlawful

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38
Q

SASA 2012
Section 94
a search by consent is unlawful if:

A
  • it is not for a purpose set out in s92
    or
  • you fail to give the required advice as set out in s93
    or
  • consent is given by a person who does not have the authority to consent
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39
Q

SASA 2012
Section 95

A

ability of persons under 14 years to consent to searches of places, vehicles and other things

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40
Q

SASA 2012
Section 95
persons under 14 years of age are unable to consent to the search of:

A
  • a place
    or
  • a vehicle
    or
  • other thing
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41
Q

SASA 2012
Section 95
a person who is under 14 years old and driving a vehicle can consent to a search of the vehicle if:

A
  • there is no passenger over 14 years of age in the vehicle who:
    -has authority over the vehicle, and
    -is able to consent to the search of the vehicle
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42
Q

SASA 2012
Section 96

A

exceptions to consent search rules

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43
Q

SASA 2012
Section 96
sections 92 to 95 do not:

A
  • apply to a search conducted as a condition of entry to any public or private place
    or
  • apply to a search conducted in accordance with a statutory search power
    or
  • affecting the rule of law relating to the implied licence to enter property
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44
Q

SASA 2012
Section 14

A

warrantless entry to prevent offences or respond to risk to life or safety

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45
Q

SASA 2012
Section 14
If you have reasonable grounds to suspect that in relation to a place or vehicle:

A

an offence is being committed, or is about to be committed that would be likely to cause:
* injury to any person
or
* serious damage to or serious loss of, any property
or
* there is a risk to the life or safety or any person that requires an emergency response

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46
Q

SASA 2012
Section 14
you may:

A
  • enter the place or vehicle without warrant
    and
  • take any action that you have reasonable grounds to believe is necessary
    -to prevent the offending from being committed or continuing
    or
    -to avert the emergency
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47
Q

SASA 2012
Section 169

A

Reporting use of powers

When you use a warrantless power of entry, search or surveillance you must report this by completing an online notification form as soon as practicable.

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48
Q

SASA 2012
Sections you do not need to report on:

A
  • s85 or s88 (search of a person following their arrest or detention under any enactment)
  • s11 (search of a person in lawful custody)
  • s91-96 (a consent search)
  • s14 (exercise of a power of entry that does not confer a power of search)
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49
Q

SASA 2012
Section 131

A

Identification and notice requirements

When using a search power in relation to a place, vehicle or other thing (with or without a warrant), you must comply with a series of identification and notice requirements.

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50
Q

SASA 2012
Section 131
Before initial entry into or onto the place, vehicle or other thing to be searched, you must:

A
  • Name (identify yourself)
  • Intention (to enter and search place, vehicle or other thing)
    If there is a search warrant a copy must be given to the occupier of the place or person in charge of the vehicle or other thing

If the power is exercised without a warrant:
* state the name of the Act (SASA 2012 or other statutory power)
* Reason for the search (unless it is impracticable to do so in the circumstances)

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51
Q

SASA 2012
Section 131
You are not required to: NIAR if you have reasonable grounds to believe that:

A
  • no person is lawfully present in or on the place, vehicle or other thing to be searched, or
  • complying with these requirements would:
  • endanger any person’s safety, or
  • prejudice the successful use of the search and entry power, or
  • prejudice ongoing investigations
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52
Q

SASA 2012
Section 131
If you undertook a search and the occupier or person in charge of the vehicle, place or other thing was not present, before leaving the place, vehicle or other thing searched you must:

A
  • leave a copy of the search warrant, or
  • leave a written notice stating Act & reason for search (if it was a warrantless search), or
  • if not practicable to supply either of the above at the time the search completed, it must be supplied no later than 7 days after the search
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53
Q

SASA 2012
Section 131
You may use reasonable force to enter the place, vehicle or other thing if you have reasonable grounds to believe that:

A
  • no person is lawfully present in or on the place, vehicle or other thing to be searched or
  • announcing your intention and identifying yourself would:
  • endanger any person’s safety, or
  • prejudice the successful use of the search and entry power, or
  • prejudice ongoing investigations

or following a request, the person present refuses entry or does not allow entry within a reasonable time.

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54
Q

N.I.A.R stands for

A

Name (“I am Constable SMITH)
Intent to enter (“I itend to enter and search your vehicle”)
Act (“under the Search and Surveillance Act 2012”)
Reason (“as I believe Donald GREEN is here and he has a warrant to arrest”)

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55
Q

SASA 2012
Section 110

A

Power incidental to search of places and vehicles

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56
Q

SASA 2012
Section 110
Every search power authorises you to:

A
  • enter and search
    the place, vehicle or other thing, any items found in that place, vehicle or other thing
  • request assistance
    with entry and search (from any person)
  • use reasonable force
  • on property only to search and lawfully seize
  • seize
    anything that is the subject of the search or anything else that may be lawfully seized
  • bring and use
    any equipment brought or found on the place, vehicle or other thing and also use electricity from the place, vehicle or other thing to operate equipment. A trained law enforcement dog and its handler can also be brought for use.
  • copy
    any documents may be lawfully seized
  • use reasonable measures
    to access computer systems/data storage device located (wholly or partly) at the place, vehicle or other thing
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57
Q

SASA 2012
Section 110
Every search power authorises you to copy & take
explain what this means

A
  • Copy
    intangible material, or any other material that may be lawfully seized.
    (includes previewing, cloning, or using forensic methods either before or after removal or examination)
  • Take
    photographs, drawings, sound and video recordings of the place, vehicle or other thing being searched and anything found there if you have reasonable grounds to believe they may be relevant to the purposes of the entry and search.
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58
Q

Use of Force
when searching vehicles and places, the following sections apply:

A
  • Section 131(3)
  • have to use force to enter a place or vehicle
    smashing a car window, forcing a dwelling door open
  • Section 110
  • using force on property once you have gained entry
    forcing open vehicle glove box, or a cupboard door
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59
Q

Offensive weapons related powers
Power to search
warrantless powers

A
  • Section 27
    searching people in public places without warrant if offence against S202A(4)(a) of the Crimes Act 1961 suspected
  • Section 28
    searching vehicles without warrant for offensive weapons
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60
Q

Offensive weapons related powers
Power to search
Private property

A

There is no power of search if the suspect is on private property

however, once a suspect is arrested, they can be searched pursuant to S88 SASA 2012 to locate the weapon.

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61
Q

Offensive Weapons
The powers of search & seizure without warrant relate only to…

A

public places

To search for offensive weapons anywhere other than a public place requires a search warrant or reliance on a different search power such as S88.

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62
Q

SASA 2012
Section 18

A

Warrantless searches associated with arms

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63
Q

SASA 2012
Section 18
under this section who could you search?

A

a person suspected of carrying arms, or is in possession of them or has them under their control and the person:
* is in breach of the Arms Act 1983, or
* by reason of their physical or mental condition:
is incapable of having proper control of the arms, or
may kill or cause bodily injury to any person,or
* a PO is in force against the person under the FV Act 2018, or
* there are grounds to make an application against the person for a PO under the FV Act 2018, or
* a PSO is in force against a person under the FV Act 2018

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64
Q

SASA 2012
Section 18
you may do any or all of the following without warrant

A
  • search the person
  • search anything in their possession or under their control (incl a vehicle)
  • enter a place or vehicle to search:
    the person
    anything in the person’s possession or under their control (incl a vehicle)
  • seize and detain any arms found
  • seize and detain the person’s firearms licence
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65
Q

SASA 2012
Section 18(3)
Powers in relation to category 3 or 4 offence

Under what circumstances can you enter (the place or vehicle), search, seize & detain any arms or firearms licences found there?

‘arms’ includes ammunition

A

If you have RGTS that there are arms in a place or vehicle and
* a category 3 or 4 offence or an offence against the Arms Act 1983:
-has been committed or
-is being committed or
-is about to be committed, or
* the arms may be evidential material in relation to a category 3 or 4 offence or an offence against the Arms Act 1983

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66
Q

Offensive Weapons

SASA 2012
Section 27

when may you search without warrant?

A

If you have RGTS that:
a person is committing an offence against s202A(4)(a) of the Crimes Act 1961 (in a public place) then you may:

search the person:
* detain a person for the duration of the search: s125(1)(d)
* search anything the person is wearing or carrying, is in their physical possession or in their immediate control: s125(1)(i)
* use reasonable force to carry out the search of a person: s125(1)(e)
* seize anything the person is wearing, carrying, is in their physical possession or in their immediate control if that thing is the subject of the search or may otherwise be lawfully seized: s125(1)(j)

67
Q

SASA 2012
Section 28

when may you search without warrant?

A

If you have RGTS that:
* a person travelling in a vehicle (or who has exited from the vehicle) is committing an offence against s202A(4)(a) of the Crimes Act 1961 (in a public place)
and
* the vehicle contains a knife, offensive weapon or disabling substance

68
Q

SASA 2012
Section 28
Obligations?

A
  • SASA s131 - Identification & notice requirements, and
  • SASA s169 - Reporting use of powers (notifiable)
69
Q

SASA 2012
Section 27
Obligations?

A
  • SASA s125 - Rules & obligations when searching persons, and
  • SASA s169 - Reporting use of powers (notifiable)
70
Q

SASA 2012
Section 27

A

Searching people in public places without warrant if offence against section 202A(4)(a) of the Crimes Act 1961 suspected.

71
Q

SASA 2012
Section 28

A

Searching vehicles without warrant for offensive weapons

72
Q

SASA 2012
Section 7

A

Entry without warrant to arrest person unlawfully at large

73
Q

SASA 2012
Section 7
If you have reasonable grounds:

A
  • to suspect that a person is unlawfully at large
    and
  • to believe that the person is in a place or vehicle

you may:
* enter the place or vehicle without warrant to search for and arrest that person

74
Q

SASA 2012
Section 8
If you have reasonable grounds to:

A
  • suspect that a person has committed an offence punishable by imprisonment for which they may be arrested without warrant
    and
  • believe that the person is in a place or vehicle
    and
  • believe that, if entry is not effected immediately, either or both of the following may occur:
    -the person will leave the place or vehicle to avoid arrest
    -evidential material relating to the offence for which the person is to be arrested will be CADD
75
Q

SASA 2012
Section 8

A

Entry without warrant to avoid loss of offender or evidential material

76
Q

SASA 2012
Section 8
this section does not give you a power to search for…

A

evidential material

77
Q

SASA 2012
Section 83

A

Entry without warrant after arrest

78
Q

SASA 2012
Section 83
If you have arrested a person and have reasonable grounds to believe that:

A
  • evidential material relating to the offence for which the person was arrested is at a place
    and
  • if entry is delayed in order to obtain a search warrant, the evidential material will be CADD

you may:
* enter that place without warrant to search for the evidential material (whether or not the person was arrested there)

79
Q

SASA 2012
Section 83
in addition to searching a place this section is also intended to allow you to search a…

A

vehicle at the place you are searching

80
Q

SASA 2012
Section 84

A

Warrantless entry and search of vehicle after arrest

81
Q

SASA 2012
Section 84
If you have arrested a person and have reasonable grounds to believe that:

A
  • evidential material relating to the offence for which the person was arrested is in or on a vehicle

you may:
* enter and search that vehicle for the evidential material without warrant (whether or not the person arrested was with the vehicle).

82
Q

SASA 2012
Section 84
this section is only intended to allow you to search a vehicle in a…

A

public place

83
Q

SASA 2012
Section 29
this section is only intended to allow you to search a vehicle in a…

A

public place

84
Q

SASA 2012
Powers incidental to arrest or detention

A
  • s83 - entry without warrant after arrest
  • s84 - warrantless entry and search of a vehicle after arrest
85
Q

SASA 2012
Stolen Property

A
  • s29 - power to search vehicles without warrant for stolen property
86
Q

SASA 2012
Section 29

A

Power to search vehicles without warrant for stolen property

87
Q

SASA 2012
Section 29
If you have reasonable grounds to believe that:

A
  • any stolen property is in or on any vehicle

you may:
* search the vehicle without warrant

88
Q

SASA 2012
Section 29
if the vehicle is on a private property you should…

A

seek a search warrant or use an alternative warantless power

89
Q

SASA 2012
Seizure of items of uncertain status and in plain view

A
  • s112 - items of uncertain status may be seized
  • s123 - seizure of items in plain view
  • s133 - inventory of items seized
90
Q

SASA 2012
Section 112

A

Items of uncertain status may be seized

91
Q

SASA 2012
Section 112
If you are exercising a search power and:

A
  • you are uncertain whether any item found may lawfully be seized
    and
  • it is not reasonably practicable to determine whether the item can be seized at the place or vehicle where the search takes place

you may:
* remove the item for analysis or examination to determine whether it may be lawfully seized

92
Q

SASA 2012
Section 123

A

Seizure of items in plain view

93
Q

SASA 2012
Section 123
If you, as part of your duties:
* exercise a search power or
* are conducting a lawful search of a person or
* are lawfully in any place or in or on a vehicle

you may:

A

seize any item(s) you (or anyone assisting you) find:
* in the course of carrying out the search
or
* as a result of observations at that place or in or on the vehicle

and you have reasonable grounds to believe that you could have seized the item under:
* any search warrant that you could have obtained
or
* any other search power you may exercise

94
Q

SASA 2012
Section 123
items in plain view or of uncertain status can be seized during a search of a…

A
  • place
  • vehicle
  • other thing
    or
  • a person
95
Q

SASA 2012
Section 133

A

Inventory of items seized

96
Q

SASA 2012
Section 133
If you seize anything as a result of a search of a place, vehicle or other thing, you must supply:
* a written notice (warantless search notice) or a copy of any search warrant/order (only if not provided on entry)
and
* an inventory specifying what has been seized

to…

A
  • the occupier of the place
    or
  • the person in charge of the vehicle or other thing
    and
  • to every other person you believe is the owner of the thing seized

this needs to be done:
* at the time of the seizure
or
* as soon as practicable after the seizure
or
* in every case, no later than 7 days after the seizure.

If the person in charge of the vehicle or other thing or the occupier of the place is not present at the time of seizure, you must leave:
* a written notice (warrantless search notice) or a copy of any search warrant and
* an inventory specifying what has been seized
in a prominent position.

97
Q

SASA 2012
Emergency Powers

A
  • s14 - warrantless entry to prevent offences or respond to risk to life or safety

e.g. FH, 1X, 1M, Burgs on, Welfare, Medicals, Fire, Flood, EQ, Tsunami

98
Q

SASA 2012
Wanted Persons

A
  • s7 - entry without warrant to arrest a person unlawfully at large
  • s8 - entry without warrant to avoid loss of offender or evidential material
99
Q

SASA 2012
Consent Searches

A
  • s91 - application of rules about consent searches
  • s92 - purposes for which consent searches may be undertaken
  • s93 - advice that must be given before consent search undertaken
  • s94 - circumstances where search is unlawful
  • s95 - ability of persons under 14 years to consent to searches of places, vehicles or other things
  • s96 - exceptions to consent search rules
100
Q

SASA 2012
Searches of Arrested or Detained Persons

A
  • s85 - rub-down search of arrested or detained persons
  • s85(2) - rub-down search process of arrested or detained person
  • s86 - things that can be done to facilitate a rub-down search
  • s87 - rub-down search may include visual examination
  • s88 - warrantless search of a arrested or detained persons (for evidential material)
  • s11 - warrantless searches of people who are, or are to be, locked up in Police custody
  • s11(3) - searching after a person has been locked up
  • s13 - property taken from people locked up in Police custody
101
Q

SASA 2012
Vehicle Stops

A
  • s9 - stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences)
  • s10 - powers and duties of constable after vehicle stopped
102
Q

SASA 2012
Section 9

A

Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences)

103
Q

SASA 2012
Section 9
If you have resonable grounds to suspect that a person is:

A
  • unlawfully at large
    or
  • has committed an offence punishable by imprisonment
    and
  • you have reasonable grounds to believe the person is in or on a vehicle

then you may:
* stop the vehicle without warrant to arrest the person

104
Q

SASA 2012
Section 10

A

Powers and duties of a constable after vehicle stopped

105
Q

SASA 2012
Section 10
If you are exercising the stopping power under s9 you may:

A

require any person in or on the vehicle to supply all or any of their name, address, other contact details and DOB if you have RGTS:
* they are unlawfully at large
or
* they have committed an offence punishable by imprisonment

then you may also:
* search the vehicle to locate:
-the person the vehicle was stopped for if you have RGTB that person is in or on the vehicle
-evidential material in relation to any offence in respect of which the vehicle was stopped if the person sought:
* has been arrested
or
* is seen fleeing from the vehicle before they can be arrested

106
Q

SASA 2012
Section 10
If the driver is not the person the vehicle was stopped for you must tell the driver…

A

the object of the proposed search before conducting the search

107
Q

SASA 2012
Stopping vehicles with or without warrant for purposes of search

A
  • s121(1) - stopping a vehicle without a warrant for purposes of search
  • s121(2) - stopping a vehicle to execute a search warrant
  • s122 - moving a vehicle for the purpose of search or safekeeping
  • s128 - duty to remain stopped
  • s129 - duty to provide information
108
Q

SASA 2012
Section 121(1)

A

Stopping a vehicle without a warrant for purposes of search

109
Q

SASA 2012
Section 121(1)
If you are satisfied that there are grounds to conduct a warrantless search under this Act, you may:

A

stop a vehicle to conduct the warrantless search

e.g. s29, s84, s28, s20

110
Q

SASA 2012
Section 121(2)

A

Stopping a vehicle to execute a search warrant

111
Q

SASA 2012
Section 121(2)
If you are satisfied that a search warrant has been issued under this Act and it is in force, you may:

A
  • stop a vehicle to execute the search warrant
112
Q

SASA 2012
Section 121(1) & (2)
If you are exercising a power under these sections you must on request of any person affected by the stop:

A
  • identify yourself by name or unique identifier
    and
  • state the Act under which the search is taking place and the reason for the search unless it is impracticable in the circumstances
    and
  • provide evidence of your identity if you are not in Police uniform
113
Q

SASA 2012
Section 121(1) & (2)
Police policy states that when stopping a vehicle you must be:

A
  • wearing a Police uniform or distinctive cap, hat or helmet with a badge of authority affixed to that cap, hat or helmet
    or
  • following immediately behind the vehicle and displaying flashing blue lights or flashing blue and red lights, and/or sounding a siren
114
Q

SASA 2012
Section 122

A

Moving a vehicle for the purpose of search or safekeeping

115
Q

SASA 2012
Section 122
If you find or stop a vehicle and you have:

A
  • lawful authority to search the vehicle, but it is impracticable to do so at that place
    or
  • RGTB that it is necessary to move the vehicle for safekeeping

you may:
* move the vehicle to another place

116
Q

SASA 2012
Section 128

A

Duty to remain stopped

117
Q

SASA 2012
Section 128
If you exercise a power to:

A
  • stop a vehicle
    or
  • search a vehicle

you may require the vehicle to remain stopped for as long as is reasonably necessary to exercise any powers in relation to:
* the vehicle
or
* the occupants of the vehicle

118
Q

SASA 2012
Section 129
If you exercise a power to stop a vehicle, as soon as you have stopped it, you must provide the driver with:

A
  • your name or unique identifier
    and
  • the Act under which the search is taking place and the reason for the search unless it is impracticable to do so in the circumstances
    and
  • proof of your identity if you are not in Police uniform (Police policy)
119
Q

SASA 2012
Section 129

A

Duty to provide information

120
Q

SASA 2012
Road Blocks

A
  • s30 - obtaining authorisation for warrantless road block
  • s32 - authorised road blocks implemented without warrant
121
Q

SASA 2012
Section 30

A

Obtaining authorisation for warrantless road block

122
Q

SASA 2012
Section 30
If a senior constable (Sergeant / Acting Sergeant or higher) has…

A
  • RGTB that in or on a vehicle there is a person they have RGTS:
    -has committed an offence punishable by a term of imprisonment
    or
    -is unlawfully at large
    and
  • has RGTS that the vehicle will travel past the place where it is proposed that the road block be established
    and
  • is satisfied that, as far as reasonably practicable, the safety of all road users will be ensured in the area in which it is proposed that the road block be established

then the senior constable (Sergeant / Acting Sergeant or higher) may:
* authorise the establishment of a road block to arrest the person

123
Q

SASA 2012
Section 32

A

Authorised road blocks implemented without warrant

124
Q

SASA 2012
Section 32
when a road block is authorised under s30, you may:

A
  • establish
    a road block at the place specified in the authorisation
  • stop
    vehicles at or in the vicinity of the road block
  • require
    any person in or on any vehicle stopped by the road block, who you have RGTS has committed an offence punishable by imprisonment, to state any or all of his or her name, address and DOB
  • search
    the vehicle for the purpose of locating the person who has committed an offence punishable by imprisonment or who is unlawfully at large if any constable has RGTB the person is in or on the vehicle
125
Q

SASA 2012
Section 116(1)(a)

A

Secure place, vehicle or other thing

126
Q

SASA 2012
Section 116(1)(a)
If you are carrying out any search of a place, vehicle or other thing, you may, in a reasonable manner and for a reasonable duration:

A
  • secure the place, vehicle or other thing being searched
  • secure any area in or on that place, vehicle or other thing
  • secure any items found in or on that place, vehicle or other thing
127
Q

SASA 2012
Securing a place, vehicle or other thing to be searched

A
  • s116(1)(a) - secure place, vehicle or other thing
  • s116(1)(b) - exclude person from place, vehicle or other thing
  • s116(2) - obligations on request by affected persons
  • s118 - powers of detention incidental to powers to search places and vehicles
  • s119 - powers to search persons at a place or vehicle
  • s117 - entry where a search warrant is pending
128
Q

SASA 2012
Section 116(1)(b)

A

Exclude person from place, vehicle or other thing

contamination of scene

129
Q

SASA 2012
Section 116(1)(b)
If you believe a person will obstruct or hinder any of the powers above, you may, in a reasonable manner and for a reasonable duration:

A
  • exclude any person from the place, vehicle or other thing being searched
  • exclude any person from any area within the place, vehicle or other thing
  • give any reasonable direction to such a person
130
Q

SASA 2012
Section 116(2)

A

Obligations on request by affected persons

131
Q

SASA 2012
Section 116(2)
If you are exercising the powers above and any person affected requests it, you must:

A
  • identify yourself by name or unique identifier
    and
  • state the name of the Act under which the search is taking place
    and
  • the reason for the search unless it is impractical to do so in the circumstances
    and
  • provide proof of your identity if you are not in Police uniform
132
Q

SASA 2012
Section 118

A

Powers of detention incidental to powers to search places and vehicles

133
Q

SASA 2012
Section 118
If you exercise a search power in relation to a place or vehicle
and
you need to determine if there is any connection between a person at the place or in or on the vehicle and the object of the search, then you may:

A

detain any person who:
* is in that place or in or on the vehicle at the start of the search
or
* arrives at the place while the search is being carried out
or
* stops at, or enters, or tries to enter the vehicle while the search is being carried out

134
Q

SASA 2012
Section 118
when detaining a person, you may:

A
  • detain them for a reasonable period but for no longer than the duration of the search: s118(2)
  • use reasonable force to effect and continue the detention of the person at the search scene: s118(4)
135
Q

SASA 2012
Section 119

A

Powers to search persons at a place or vehicle

136
Q

SASA 2012
Section 119
if you exercise a power of search in relation to a place or vehicle you may search any person:

A
  • found at the place or in or on the vehicle
    or
  • who arrives at the place
    or
  • who stops at, or enters, or tries to enter or get into or onto the vehicle

if either:
* you have RGTB that evidential material that you are searching for is on the person: s119(1)
or
* you have RGTS that the person has in their possession a dangerous item that poses a threat to safety, and you believe that immediate action is needed to address that threat: s119(2)

You must return any item seized to the person it was seized from (unless possession of the item constitutes an offence) s119(3).
* once the search has been completed
or
* you are satisfied that there is no longer a threat to safety

137
Q

SASA 2012
Section 117

A

Entry where a search warrant is pending

138
Q

SASA 2012
Section 117
If a search warrant application is about to be made or is being made:
and
* the application had not yet been granted or refused
and
* you believe on reasonable grounds that before the search warrant can be issued, evidential material may be CADD or removed
then at any time that is reasonable in the circumstances you may:

A
  • enter and secure the place, vehicle or other thing
  • and
  • secure any item or items found there
  • and
  • direct any person to assist with the entry and securing of the place, vehicle or other thing or securing of items

You may only exercise this power until:
* the expiry of 6 hours after the power was first exercised
* or
* the search warrant is available for execution at that place or vehicle
* or
* the application for the search warrant is refused

139
Q

SASA 2012
Section 117
Should a person fail to comply with a direction under this section, they can be arrested and charged under…

A

Section 176 of this Act

140
Q

SASA 2012
Evidential Material
(serious offences)

A
  • s15 - entry without warrant to find and avoid loss of evidential material
  • s16 - searching people in public place without warrant for evidential material relating to certain offences
  • s17 - warrantless entry and search of a vehicle for evidential material relating to certain offences
141
Q

SASA 2012
Section 15

A

Entry without warrant to find and avoid loss of evidential material

142
Q

SASA 2012
Section 15
If you have RGTS that:

A
  • an offence punishable by imprisonment for a term of 14 years or more:
    -has been committed or
    -is being committed or
    -is about to be committed

and you have RGTB that:
* evidential material relating to the offence is in a place
and
* if entry is delayed in order to obtain a search warrant, the evidential material will be CADD

you may:
* enter and search the place without warrant

143
Q

SASA 2012
Section 15
this section is also intended to allow you to search a…

A

vehicle in the place you are searching

This does not include a vehicle in a public place which is covered by section 17

144
Q

SASA 2012
Section 16

A

Searching people in public place without warrant for evidential material relating to certain offences

145
Q

SASA 2012
Section 16
If a person is in a public place and you have RGTB that:

A
  • the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more

you may:
* search the person without warrant

146
Q

SASA 2012
s16, s21, s22
selected additional powers:

A
  • s125(1)(d)
    detain a person for the duration of the search
  • s125(1)(i)
    search anything the person is wearing or carrying or that is in their possession or immediate control
  • s125(1)(j)
    seize anything that person is wearing or carrying, is in their physical possession or in their immediate control if that thing is the subject of the search or may otherwise be lawfully seized
147
Q

SASA 2012
Section 17

A

Warrantless entry and search of a vehicle for evidential material relating to certain offences

148
Q

SASA 2012
Section 17
If a vehicle is in a public place and you have RGTB that:

A
  • evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle

you may:
* enter and search the vehicle without warrant

149
Q

SASA 2012
Section 17
this section only allows you to search a vehicle in a…

A

public place

section 15 allows you to search a vehicle if it is in a place you are searching

150
Q

SASA 2012
Arms

A
  • s18 - warrantless searches associated with arms
151
Q

SASA 2012
Drugs

A
  • s20 - warrantless search of places and vehicles in relation to Misuse of Drugs Act 1975 (MODA 1975) offences
  • s21 - warrantless searches of people found in or on places or vehicles
  • s22 - warrantless power to search for controlled drugs and precursor substances if offence suspected against MODA 1975
152
Q

SASA 2012
Section 20

A

Warrantless search of places and vehicles in relation to Misuse of Drugs Act 1975 (MODA 1975) offences

153
Q

SASA 2012
Section 20
If you have RGTB that in or on a place or vehicle there is:

A
  • a controlled drug or precursor substance
    and
  • you have RGTB that it is not practicable to obtain a warrant
    and
  • you have RGTS that in or on the place or vehicle an offence against the MODA 1975:
    -has been committed or
    -is being committed or
    -is about to be committed
    and
  • you have RGTB that if entry amd search is not carried out immediately evidential material relating to the suspected offence will be CADD

then you may:
* enter and search that place or vehicle without warrant

154
Q

SASA 2012
Section 21

A

Warrantless searches of people found in or on places or vehicle

155
Q

SASA 2012
Section 21
If you conduct a search of a place or vehicle under s20 you may:

A
  • search any person found in or on the place or vehicle without a warrant
156
Q

SASA 2012
Section 22

A

Warrantless power to search for controlled drugs and precursor substances if offence suspected against MODA 1975

157
Q

SASA 2012
Section 22
If you have RGTB that a person is in possession of a controlled drug or precursor substance and:

A
  • you have RGTS that an offence against MODA 1975:
    -has been committed or
    -is being committed or
    -is about to be committed

then you may without warrant:
* search the person

158
Q

SASA 2012
Offensive weapons

A
  • s27 - searching people in public places without warrant if offence against section 202A(4)(a) of the Crimes Act 1961 suspected
  • s28 - searching vehicles without warrant for offensive weapons
159
Q

SASA 2012
Warrant Preference rule:
Under the SASA a lawful search is conducted:

A
  • with a search warrant, or
  • under a warrantless search power, or
  • with the person’s consent
160
Q

SASA 2012
Warrant Preference rule:
Under the SASA a reasonable search is a search that:

A

complies with s21 of the NZ Bill of Rights Act and considers factors such as:
* the nature of the search
* how intrusive the search is
* where and when the search takes place

161
Q

SASA 2012
Warrant Preference rule:
if applying for a search warrant is practicable in the circumstances…

A

you should apply for a search warrant even if a warrantless power is available.

162
Q

SASA 2012
Warrant Preference rule:
if you decide to use a warrantless power you should have…

A

RGTB that it is not practicable to apply for a search warrant in the circumstances

163
Q

SASA 2012
Decision Log
when deciding whether to apply for a search warrant, the following factors may be considered:

A
  • time to gain approval and apply for a search warrant
  • genuine belief that evidence will be CADD
  • are there staff available to prepare a search warrant
  • location of search and who is present
  • can the scene be secured? s117
  • is there continuing potential risk for the safety of any person? if risk immediate consider warrantless search/entry power

Police College (14 decks)

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