Search & Surveillance Act 2012 Flashcards
What is curtilage?
used to define the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’. It defines the boundary within which a home owner can have a reasonable expectation of privacy and where ‘common home activities’ take place.
Visual surveillance device
any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment or other device that is use or is capable of being used to observe, or to observe and record a private activity.
Private activity
any one or more of the participants in it ought reasonable to expect is observed or recorded by no one except the participants.
Private premises
private dwelling house, a marae, and any other premises that are not within the definition of a non-private premises
Unlawfully at large
Means that person:
- has a WTA
- escaped prison or absent without leave
- escaped lawful custody
- special patient or restricted patient and not returned
- a care recipient or special care recipient and has not returned
- young person in CYPFS custody
Evidential material
in relation to a particular offence, evidence of the offence or any other item tangible, or untangible of relevance to the investigation.
Section 7
Entry without warrant to arrest person unlawfully at large
Enter & Search
Section 8
Entry without warrant to avoid loss of offender or evidential material
If believe imprisonable offence and CADD
Enter & Search (for arrest - not for evidential material)
Section 9
Stopping a vehicle to find person unlawfully at large o who have committed certain offences
If believe imprisonable offence
Stop vehicle.
Section 10
Powers and duties of Constable after vehicle stopped
Require to supply details, search the vehicle or the person and evidential material
Section 14
Warrantless entry to prevent offence or respond to risk to life or safety
Enter a place or vehicle and take any necessary action
Section 16
Searching people in a public place without warrant for evidential material relating to certain offences
Imprisonable 14 years or more
Search a person in a public place
Section 17
Warrantless entry and search of vehicle for evidential material relating to certain offences
Imprisonable 14 years or more
Enter a vehicle in a public place
Search the vehicle
Section 18
Warrantless searches associated with arms
Search person, anything in possession, place or vehicle
If:
- breach of Arms Act 1983
- mental condition
- Domestic Violence Act 1995
Section 20
Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
Controlled drugs or precursor substance
Enter and search vehicle or place.
Section 22
Warrantless power to search for controlled drugs or precursor substances if offence suspected against MODA 1975.
Controlled drugs or precursor substance
Search a person
Section 22
Warrantless power to search for controlled drugs or precursor substances if offence suspected against MODA 1975.
Controlled drugs or precursor substance
Search a person
Section 45
Restrictions on some trespass surveillance and use of interception device
To obtain information on any imprisonable offence over 7 years or certain sections of Arms Act 1983.
Undertake Trespass surveillance and use a interception device.
Section 46
Activities for which surveillance device warrant required.
For private communication, tracking, observation of private activity in curtilage of private premises
Section 47
Some activities that do not require warrant under this subpart
- when lawfully in private premises
- recording what s/he observes or hears
- covert recording between two people made with consent of one of them
Section 112
Items of uncertain status may be seized
Whilst exercising a search can seize items of uncertain status for examination or analysis
Section 117
Special powers where application for search warrant pending
Enter and detain persons and place until warrant obtained.
6 hour expiry
Section 123
Seizure of items in plain view
When exercising a search power, lawfully in a place or vehicle or conducting a lawful search of a person
Seize any items which would have been seized under any other power.
