Search & Surveillance Act 2012 Flashcards
Sgt Exams
708SASA 2012
What is Section 7
SASA 2012
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.
SASA2012
What is Section 8
SASA 2012
Entry to avoid loss of Offender or Evidential Material
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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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What is Section 9
SASA 2012
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.
SASA2012
What is Section 10
SASA 2012
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
SASA 2012
What is Section 11
SASA 2012
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
SASA 2012
What is Section 11(3)
SASA 2012
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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What is Section 11(2) (4)
SASA 2012
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
SASA 2012
What is Section 14
SASA 2012
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
SASA 2012
What is Section 15
SASA 2012
14 Years
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.
SASA 2012
What is Section 16
SASA 2012
14 Years
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.
SASA 2012
What is Section 17
SASA 2012
14 Years
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.
SASA 2012
What is Section 18
SASA 2012
Arms
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.
What is Section 18(3)
SASA 2012
Arms
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.
SASA 2012
What is Section 22
SASA 2012
Drugs
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
SASA 2012
What is Section 27
SASA 2012
Offensive Weapon
Searching People for Offensive Weapons.
(P/P)
RGTS.
1: Committed an Offence.
RGTB
2: They have an Offensive Weapon.
SASA 2012
What is Section 28
SASA 2012
Offensive Weapon
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).
SASA 2012
What is Section 29
SASA 2012
Stolen Property
Search a Vehicle for Stolen Property.
(P/P).
SASA 2012
What is Section 30
SASA 2012
Road Block
Road Block Authorisation.
1: From Sgt or higher.
or
2: Senior Constable who’s Acting Sgt
SASA 2012
What is Section 31
SASA 2012
Road Block
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.
SASA 2012
What is Section 32
SASA 2012
Road Block
Powers under authorised road block implemented without Warrant.
1: Establish a Road Block.
2: Stop Vehicles.
3: Require Particulars.
4: Search Vehicle.
SASA 2012
What is Section 83
SASA 2012
After Arrest (Place)
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.
SASA 2012
What is Section 84
SASA 2012
After Arrest (Vehicle)
Entry and Search a vehicle after Arrest.
1: For Evidential Material.
2: Relating to Offence.
3: Is in Vehicle.
SASA 2012
What is Section 85,86,87,88
SASA 2012
Powers should be used for searching arrested or detained persons.
1: Rubdown Search S.85-87
2: Warrantless Seasrch S.88
SASA 2012
What is Section 92
SASA 2012
Consent Search
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.
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.
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
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.
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.
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 <aterial.
8: Photographs & Recording.
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)
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.
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.
SASA 2012
What is Section 115
SASA 2012
Limitation on exercising Search Powers.
1: Reasonableness. NZ BORA 1990 (S.21).
2: Priviledged & Confidential.
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.
SASA 2012
What is Section 118
SASA 2012
Detain any Person.
(Pl/Veh).
1: Was there.
2: Arrives/Enters/Stops.
SASA 2012
What is Section 119
SASA 2012
Powers to search persons at a place or vehicle.
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.
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
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.
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.
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
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.
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
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.
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.
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.
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.
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.
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
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 ).
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
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)
