Search & Surveillance Act 2012 Flashcards

Sgt Exams

1
Q

708SASA 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 thier 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
# SASA 2012 What is Section 93 SASA 2012 Consent Search
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
# SASA 2012 What is Section 94 SASA 2012 Consent Search
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
# SASA 2012 What is Section 95 SASA 2012 Consent Search
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
# SASA 2012 What is Section 96 SASA 2012 Consent Search
Exceptions to Consent Search Rules. 1: Sports Fixture. 2: Rules to law to Implied License.
29
# SASA 2012 What is Section 110 SASA 2012 Search Power
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
30
# SASA 2012 What is Section 110(d) SASA 2012 Search Power
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
# SASA 2012 What is Section 112 SASA 2012
Items of uncertain status. Uncertain Items found & not known, you can seize to determine (Pl/Veh). May Remove item for analyse/examination.
32
# SASA 2012 What is Section 113 SASA 2012
Using assistants Powers of persons called to assist. Powers for Constable who assist search. 1: Must be supervised under your control.
33
# SASA 2012 What is Section 115 SASA 2012
Limitation on exercising Search Powers. 1: Reasonableness. NZ BORA 1990 (S.21). 2: Priviledged & Confidential.
34
# SASA 2012 What is Section 116 & 117 SASA 2012.
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
# SASA 2012 What is Section 118 SASA 2012
Detain any Person. (Pl/Veh). 1: Was there. 2: Arrives/Enters/Stops.
36
# SASA 2012 What is Section 119 SASA 2012
Powers to search persons at a place or vehicle.
37
# SASA 2012 What is Section 120 SASA 2012 Vehicle
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
# SASA 2012 What is Section 121 SASA 2012 Vehicle
Stop vehicle to search with or without warrant. 1: Section 121(1) Warrantless. 2: Section 121(2) Warrant
39
# SASA 2012 What is Section 122 SASA 2012 Vehicle
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
# SASA 2012 What is Section 125 SASA 2012
Exercising Powers to search a person. R.A.N. 1: Property removed or seized during a search.
41
# SASA 2012 What is Section 127 SASA 2012 Vehicle
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
# SASA 2012 What is Section 128 SASA 2012 Vehicle Wait Wait Wait
Duty to Remain Stopped. 1: Require vehicle to remain Stopped. 2: As long as reasonably necessary. 3: Exercise Power. 4: Vehicles or Occupants.
43
# SASA 2012 What is Section 129 SASA 2012 Vehicle Wait Wait Wait
Duty to provide info to vehicles driver. 1: Immediately after stopping - Identify Yourself - State name & enactment
44
# SASA 2012 What is Section 131 (1) SASA 2012 Search Warrant Procedure.
Identification & Announcement Required on Entry. 1: Announce your intentions. 2: Identify Yourself. 3: A copy of Search Warrant.
45
# SASA 2012 What is Section 131 (2) SASA 2012 Search Warrant Procedure.
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
# SASA 2012 What is Section 131 (3) SASA 2012 Search Warrant Procedure.
Force against property to effect entry. 1: Use reasonable force to enter if resistance or refused. 2: Consider Dangers.
47
# SASA 2012 What is Section 131 SASA 2012 Search Warrant Procedure.
Preocedure for Recording Seized and Produced things. 1: At completion of Search - Written Notice about search. - Including reasons, enquiries. - Include advice.
48
# SASA 2012 What is Section 131 (4) SASA 2012 Search Warrant Procedure.
Form of Written Notice. 1: On completion of Search. - Leave in Prominant Place a copy of Warrant Notice to occupier or person.
49
# SASA 2012 What is Section 131 (6) SASA 2012 Search Warrant Procedure.
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
# SASA 2012 What is Section 133 SASA 2012 Search Warrant Procedure.
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
# SASA 2012 What is Section 134 SASA 2012 Search Warrant Procedure.
Apply to Judge for postpone of Notice and Inventory requirements. 1: Must be made within 7days after Warrant is exercised
52
# SASA 2012 What is Section 177 SASA 2012 "Stopped"
Powers to Arrest. 1: You may arrest a person. - If they fail to stop. - Failed to remain stopped ( S.128)