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Police Sgt Exams NZ > Search & Surveillance Act 2012 > Flashcards

Search & Surveillance Act 2012 Flashcards

Sgt Exams

1
Q

SASA 2012

What is Section 7
SASA 2012

A

Entry to Arrest Person Unlawfully at Large
_____________________________________________

RGTS
That a person is believed to be in a vehicle or place.
1: You may enter Pl/Veh without warrant to search & arrest.

Place or Vehicle.

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2
Q

SASA2012

What is Section 8
SASA 2012

A

Entry to avoid loss of Offender or Evidential Material
____________________________________________

RGTS
Person has committed an imprisonable offence.
Believe that the person is in a Pl/Veh.
Believe if not effected immediately.
CADD.

Place or Vehicle.

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3
Q

SASA2012

What is Section 9
SASA 2012

A

Stopping Vehicles without Warrant to effect arrest.
______________________________________________

To arrest person in vehicle.
1: Believe person is in vehicle.
2: Unlawfully at large.
3: Committed an offence.

Vehicles.

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4
Q

SASA2012

What is Section 10
SASA 2012

A

Powers & Duties after Vehicle Stopped.

Stopped under Section 9.
1: May require detail.
2: Committed imprisonable offence.
3: May search to locate Unlawfully at large.

Vehicles

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5
Q

SASA 2012

What is Section 11
SASA 2012

A

Search People who are locked up or to be in Police custody.

1: Search once in lawful custody.
2: At Police Station.
3: In other premises /vehicles.
4: For police purposes.

Custody

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6
Q

SASA 2012

What is Section 11(3)
SASA 2012

A

Searching people after they have been locked up.

Only if:
1: Not searched before.
2: Close to unsearched person.
3: RGTB person in possession.

Custody

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7
Q

SASA2012

What is Section 11(2) (4)
SASA 2012

A

Searching Poeple who are locked up.

1: 11(2) Power execised before person is locked up.
2: 11(4) Take any money or other property found during the search.

Custody

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8
Q

SASA 2012

What is Section 14
SASA 2012

A

Entry to Prevent Offence or Respond to risk of Life or Safety.

RGTS
1: Place or Vehicle.
2: An Offence
- Being
- About to
- Likely
- Injury/Serious Loss/Damage/Risk of life/Safety.
- Requires emergency reponse
- Prevent further offending
Action that is reasonable.

Place or Vehicle

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9
Q

SASA 2012

What is Section 15
SASA 2012

14 Years

A

Entry & Search of Places to find and aviod loss of Evidential Material.

RGTS
1: An offence of 14 years or more, being, or about to.

RGTB
2: If entry delayed CADD.

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10
Q

SASA 2012

What is Section 16
SASA 2012

14 Years

A

Searching People in a Public Place (P/P) for Evidential Material.

RGTB
1: A Person in a P/P in Posession of Evidential Material.
2: Relating to an offence punishable 14 years or more.

Public Place.

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11
Q

SASA 2012

What is Section 17
SASA 2012

14 Years

A

Entry and Search of Vehicles in a Public Place for Evidential Material.

RGTB
1: Evidential Material is in a vehicle in a P/P.
2: Relating to an offence punishable 14 years or more.
​
Public Place.

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12
Q

SASA 2012

What is Section 18
SASA 2012

Arms

A

Searches for Arms
People/Places/Vehicle

RGTS.
1: Carrying Firearms.
2: Possession f Firearms.
3: Has arms under thieer control.
and
Physical & Mental condition unsuitable for proper control.

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13
Q

What is Section 18(3)
SASA 2012

Arms

A

Arms In Places or Vehicles.

RGTS
1: Arms in a P/P/Veh/Pers
2: Category 3-4 offences B/B/About to.
or
Evidential Material in relation to Category 3-4 offences against Arms Act.

You May
enter P/P/Veh to seize/search/detain
Arms or licence.

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14
Q

SASA 2012

What is Section 22
SASA 2012

Drugs

A

Search People for Drugs.

RGTS
1: An offence is B/B/About to/ be committed against the MODA

RGTB
1: Controlled Drugs.
2: Precuror Substances

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15
Q

SASA 2012

What is Section 27
SASA 2012

Offensive Weapon

A

Searching People for Offensive Weapons.
(P/P)

RGTS.
1: Committed an Offence.

RGTB
2: They have an Offensive Weapon.

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16
Q

SASA 2012

What is Section 28
SASA 2012

Offensive Weapon

A

Searching People in Vehicles for Offensive Weapons.
(P/P)
​
RGTS.
1: Committed an Offence.
​
RGTB
2: They have an Offensive Weapon.

Crimes Act 202A (4) (a).

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17
Q

SASA 2012

What is Section 29
SASA 2012

Stolen Property

A

Search a Vehicle for Stolen Property.
(P/P).

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18
Q

SASA 2012

What is Section 30
SASA 2012

Road Block

A

Road Block Authorisation.

1: From Sgt or higher.
or
2: Senior Constable who’s Acting Sgt

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19
Q

SASA 2012

What is Section 31
SASA 2012

Road Block

A

Duration and Record of Warrantless Road Block Authorisation.

1: Valid for 24hrs only.
2: Can review by District Court Judge.
3: Single period only for less then 24hour.

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20
Q

SASA 2012

What is Section 32
SASA 2012

Road Block

A

Powers under authorised road block implemented without Warrant.

1: Establish a Road Block.
2: Stop Vehicles.
3: Require Particulars.
4: Search Vehicle.

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21
Q

SASA 2012

What is Section 83
SASA 2012

After Arrest (Place)

A

Entry and Search places after Arrest.

1: For Evidential Material
2: Relating to Offence at Place.
3: If delayed CADD.

Whether or not arrested there.

22
Q

SASA 2012

What is Section 84
SASA 2012

After Arrest (Vehicle)

A

Entry and Search a vehicle after Arrest.

1: For Evidential Material.
2: Relating to Offence.
3: Is in Vehicle.

23
Q

SASA 2012

What is Section 85,86,87,88
SASA 2012

A

Powers should be used for searching arrested or detained persons.

1: Rubdown Search S.85-87
2: Warrantless Seasrch S.88

24
Q

SASA 2012

What is Section 92
SASA 2012

Consent Search

A

Purpose for Consent Search.

RGTS & RGTB

1: Prevent commission of Offence.
2: Protect life or property.
3: Prevent injury or harm.
4: Investigate if offence committed.
5: Exercise Search Power.

25
Q

SASA 2012

What is Section 93
SASA 2012

Consent Search

A

Advice that must be given before searching.

Before conducting a search
1: Determine that the Search is for S.92
2: Reason for proposed search.
3: That they may refuse consent.

26
Q

SASA 2012

What is Section 94
SASA 2012

Consent Search

A

Circumstances where Search by Consent is Unlawful.

1: If not for the reason of S. 92
2: You fail to give advice.
3: Rely on consent who does not give Authority

27
Q

SASA 2012

What is Section 95
SASA 2012

Consent Search

A

Restrictions on persons under 14 years to consent.
1: Under 14 years can not give consent unless found driving vehicle and there is no other person with authority to consent.

28
Q

SASA 2012

What is Section 96
SASA 2012

Consent Search

A

Exceptions to Consent Search Rules.

1: Sports Fixture.
2: Rules to law to Implied License.

29
Q

SASA 2012

What is Section 110
SASA 2012

Search Power

A

Police action authorised by Search Powers:

1: Enter and search.
2: Request Assistance.
3: Reasonable Force.
4: Seize
5: Bring Dog and Equipment.
6: Access computer & copy documents.
7: Intangible <aterial.
8: Photographs & Recording.

30
Q

SASA 2012

What is Section 110(d)
SASA 2012

Search Power

A

What you can seize during Search.

1: Every search power authorises you to seize anything that is subject of the search or lawfully seized.
2: Otherwise Exercise Plainview Seizure (S.123)

31
Q

SASA 2012

What is Section 112
SASA 2012

A

Items of uncertain status.

Uncertain Items found & not known, you can seize to determine (Pl/Veh).
May
Remove item for analyse/examination.

32
Q

SASA 2012

What is Section 113
SASA 2012

A

Using assistants
Powers of persons called to assist.
Powers for Constable who assist search.

1: Must be supervised under your control.

33
Q

SASA 2012

What is Section 115
SASA 2012

A

Limitation on exercising Search Powers.

1: Reasonableness. NZ BORA 1990 (S.21).
2: Priviledged & Confidential.

34
Q

SASA 2012

What is Section 116 & 117
SASA 2012.

A

Securing the scene to be searched.

1: Secure/place/veh/other thing.
2: Exclude any person, obstruction.
3: In a manner & duration that is reasonable.

35
Q

SASA 2012

What is Section 118
SASA 2012

A

Detain any Person.
(Pl/Veh).

1: Was there.
2: Arrives/Enters/Stops.

36
Q

SASA 2012

What is Section 119
SASA 2012

A

Powers to search persons at a place or vehicle.

37
Q

SASA 2012

What is Section 120
SASA 2012

Vehicle

A

Powers to search when suspect Pursued.
(Fresh Pursuit)

1: Apprehend any person.
2: Enter any Pl/Per/Veh.
3: RGTB Relevant to Evidential Material.

38
Q

SASA 2012

What is Section 121
SASA 2012

Vehicle

A

Stop vehcile to search with or without warrant.

1: Section 121(1) Warrantless.
2: Section 121(2) Warrant

39
Q

SASA 2012

What is Section 122
SASA 2012

Vehicle

A

Move a vehicle to another place.

1: Lawful to search but impracticle to do so at place.
2: RGTB Necessary to move vehicle for safe keeping.

40
Q

SASA 2012

What is Section 125
SASA 2012

A

Exercising Powers to search a person.
R.A.N.

1: Property removed or seized during a search.

41
Q

SASA 2012

What is Section 127
SASA 2012

Vehicle

A

Search Warrant to Enter and Search Vehicles.

1: It authorises the Search.
2: Entry of a vehicle, you may enter any place if you have RGTB

42
Q

SASA 2012

What is Section 128
SASA 2012

Vehicle
Wait Wait Wait

A

Duty to Remain Stopped.

1: Require vehicle to remain Stopped.
2: As long as reasonably necessary.
3: Exercise Power.
4: Vehicles or Occupants.

43
Q

SASA 2012

What is Section 129
SASA 2012

Vehicle
Wait Wait Wait

A

Duty to provide info to vehicles driver.

1: Immediately after stopping
- Identify Yourself
- State name & enactment

44
Q

SASA 2012

What is Section 131 (1)
SASA 2012

Search Warrant
Procedure.

A

Identification & Announcement Required on Entry.

1: Announce your intentions.
2: Identify Yourself.
3: A copy of Search Warrant.

45
Q

SASA 2012

What is Section 131 (2)
SASA 2012

Search Warrant
Procedure.

A

Exceptionds to announcing entry and given reason for the Search.

1: No person lawfully present.
2: Requirement would:
-Endanger the safety of persons.
- Prejudice the exercise.
- Prejudice on going investigations.

46
Q

SASA 2012

What is Section 131 (3)
SASA 2012

Search Warrant
Procedure.

A

Force against property to effect entry.

1: Use reasonable force to enter if resistance or refused.
2: Consider Dangers.

47
Q

SASA 2012

What is Section 131
SASA 2012

Search Warrant
Procedure.

A

Preocedure for Recording Seized and Produced things.

1: At completion of Search
- Written Notice about search.
- Including reasons, enquiries.
- Include advice.

48
Q

SASA 2012

What is Section 131 (4)
SASA 2012

Search Warrant
Procedure.

A

Form of Written Notice.

1: On completion of Search.
- Leave in Prominant Place a copy of Warrant Notice to occupier or person.

49
Q

SASA 2012

What is Section 131 (6)
SASA 2012

Search Warrant
Procedure.

A

Limited on who can be treated as occupier or people in charge.

1: No person under the age of 14.
2: RGTB is not the occupier.
3: For the purpose of Sections:
S.131 & S.133 & S.135

50
Q

SASA 2012

What is Section 133
SASA 2012

Search Warrant
Procedure.

A

Seized and produced things including recordings.

1: If anything is seized:
- An inventory of the seized items.
- No later then 7 days.
- After seizure ( Pol 1275 ).

51
Q

SASA 2012

What is Section 134
SASA 2012

Search Warrant
Procedure.

A

Apply to Judge for postpone of Notice and Inventory requirements.

1: Must be made within 7days after Warrant is exercised

52
Q

SASA 2012

What is Section 177
SASA 2012

“Stopped”

A

Powers to Arrest.

1: You may arrest a person.
- If they fail to stop.
- Failed to remain stopped ( S.128)

Police Sgt Exams NZ (8 decks)

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