Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CPK > Search & Surveillance Act 2012 - Chapter 4 > Flashcards

Search & Surveillance Act 2012 - Chapter 4 Flashcards

1
Q

Definition for Evidential material

A

Evidential material, in relation to an offence or suspected offence, means evidence of the offence or any other item, TANGIBLE or INTANGIBLE, of RELEVANCE to the investigation of the offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Definition for Reasonable grounds to believe* RGTB

A

Having a SOUND BASIS for believing that a situation or circumstance ACTUALLY exists e.g. reasonable grounds to believe that the search WILL locate evidential material relating to that offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Definition for Reasonable grounds to suspect* RGTS

A

Having a sound basis for suspecting that a situation or circumstance is LIKELY to EXIST, e.g. reasonable grounds to suspect that an offence has been committed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Definition for Unlawfully at large

A

Unlawfully at large, in relation to a person, means that a person is any one or more of these:
(a) a person for whose arrest a WARRANT (other than a warrant issued under Part 3 of the Summary Proceedings Act 1957) is in force:
(b) unlawfully at large within the meaning of the Corrections Act 2004 or the Parole Act 2002
(c) a PRISON BREAKER within the meaning of section 119 of the Crimes Act 1961
(d) an ESCAPEE from lawful custody within the meaning of section 120 of the Crimes Act 1961
(e) a SPECIAL patient or RESTRICTED PATIENT within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 who has escaped or failed to return on the expiry or
cancellation of a period of leave
(f) a CARE recipient or SPECIAL CARE RECIPIENT within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 who has ESCAPED or FAILED TO RETURN on the expiry or cancellation of a period of leave
(g) a YP within the meaning of the Oranga Tamariki Act 1989 who is subject to an order made under section 311(1) of that Act and who is ABSCONDING from the custody of the chief executive (as defined in that Act).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

General principles applying to searches - Lawfulness and

reasonableness

A

All searches must be lawful and reasonable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

General principles applying to searches - Search hierarchy

A

You should always consider obtaining a search warrant first. If this is not practicable, consider using a warrantless search
power.
If there is a reason to search a place, vehicle or other thing and a warrantless search power exists, then you should use that power instead of asking a relevant person for consent to conduct the search under sections 91 to 96 of the Act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

General principles applying to searches - Decision records

A

You must record your RGTB or RGTS that were known at the time a warrantless power was used. You may need to rely on this record in court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

General principles applying to searches - Identification and notice

A

The owner / occupier/ or person in charge of a place, vehicle or thing being searched has the right to know WHO is searching, the person’s AUTHORITY for searching and the REASONS why they are conducting a search, unless there are good reasons for not providing this information.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

General principles applying to searches - Force used against property must be
reasonable

A

Any force used to gain entry to any place, vehicle or other thing for the purpose of carrying out your search always be reasonable in the circumstances. (s131(3))

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

General principles applying to searches - Search or seizure

should be WITNESSED

A

Any search of a place, vehicle or other thing, or any removal or seizure of property during the search, should be witnessed (if practicable) BY ANOTHER Police employee, enforcement officer from another agency or person assisting with the search.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

General principles applying to searches - Seized property

must be DOCUMENTED

A

All property removed or seized from a place, vehicle and other thing must be appropriately documented and ACCOUNTED FOR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Warrantless powers to search people includes?

A
  • in custody and who is or is about to be locked up (s11)
  • found in a public place for evidential material (s16)
  • for firearms (s18)
  • in relation to drugs offences (s21, 22 & 23)
  • for knives, offensive weapons and disabling substances (s27)
  • after arrest or detention (s85 & 88).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

S.7 - Entry and search to effect arrest (person unlawfully at large)

A

-RGTS that a person is unlawfully at large,
-believe that the person is in a place or vehicle
you may…
-enter the place or vehicle without warrant to search for and arrest the person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

“Unlawfully at large” means that the person?

A

-has an WTA (excluding a fines warrant)
-has ESCAPED from PRISON or is AWOL
-has ESCAPED from lawful custody, e.g. POLICE cells or police car
is a special or RESTRICTED PATIENT and has escaped or failed to return from leave
-is a care or SPECIAL CARE RECIPIENT (with an intellectual disability) and has escaped or failed to return from leave
-is a young person who is the subject of a Youth Court “Supervision with residence” order and they are ABSCONDING from CYF custody.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

S.8 - Entry to avoid LOSS of offender or evidential material

A
  • RTGS that a person has committed an offence punishable by imprisonment and 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

S.14 - Entry to prevent offence or respond to risk to life or safety (Warrantless emergency power)

A

RGTS in relation to a place or vehicle:

  • an offence is BEING, or is ABOUT to be committed, that would be likely to cause INJURY to any person, or SERIOUS LOSS of or SERIOUS DAMAGE to any property, or
  • there is RISK TO LIFE or SAFETY OF ANY PERSON that requires an emergency response you may….
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Once entry is made under S.14 you may?

A
  • enter out a warrant, and
  • TAKE ANY ACTION you have RGTB is necessary to:
  • PREVENT the offending from being committed or continuing, or
  • AVERT the emergency.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Once entry is made under S.8, you may? (to avoid LOSS of offender/E.M)

A

-ENTER that place or vehicle without warrant, and
-SEARCH for and arrest the person you suspect has committed the offence.
NB: You may not search for evidential material unless an arrest is made and a search incidental to that arrest is undertaken under S.83-88.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

S.15 - Entry and search for evidential material (serious

offences)

A
  • RGTS an offence punishable by 14 years imprisonment or more HAS been, IS being, or is ABOUT to be committed, and
  • believe 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Once entry is made in to the PLACE under S.15, you may?

A

ENTER and SEARCH the PLACE without a warrant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

S.15 is about urgency, once it has passed and the scene is secure, what should you consider?

A

Assuming it is not a simple case of seizing an exhibit with no further interest in the scene, a warrant should be obtained. The timing will depend on the circumstances.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

S.16 - Searching PEOPLE in PUBLIC PLACE for evidential material

A

RTB that a PERSON in a PUBLIC PLACE is in possession of evidential material relating to an offence punishable by 14 YRS IMPRISONMENT
You may…
-search that PERSON without a warrant.
(See Part 8 - Searching people).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

S.17 - Entry and search of VEHICLES in a PUBLIC PLACE for evidential material

A

RGTB that evidential material relating to an offence punishable by 14 YRS IMPRISONMENT or more is IN or ON a VEHICLE in a PUBLIC PLACE
You may…
-enter and search that VEHICLE without a warrant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What section should you consider to enter and search a VEHICLE for E.M if it was parked in a driveway?

A

S.15 - Entry and search for evidential material (serious

offences)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

S.18 - Warrantless searches associated with ARMS that there are in any PLACE or VEHICLE

A

RGTS category 3 or 4 offence (means an indictable offence until Criminal Procedure Act 2011 comes into effect) or an offence against the Arms Act 1983 HAS been, IS being, or is ABOUT to be committed, or
-that may be evidential material in relation to a category 3 or 4 offence or an offence against the Arms Act 1983
You may…
without a warrant:
-enter the PLACE or VEHICLE
-SEARCH it
-SEIZE and DETAIN any ARMS or FLICNO under the Arms Act 1983 found there.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Who must you seek APPROVAL from for arms-related searches of PLACES and VEHICLES?

A

Unless impracticable in the circumstances, obtain approval from a SGT or ABOVE before exercising any of the warrantless powers outlined above in relation to arms.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

S.28 - Stopping and searching VEHICLES without warrant (for offensive weapons) if offence against S.202A, C.A 1981 is suspected?

A

-a person travelling in a VEHICLE (or who has alighted from it) is committing an offence in a PUBLIC PLACE against section 202A(4)(a) of the Crimes Act 1961, and
-the vehicle CONTAINS a KNIFE, O.W OR DISABLING SUBSTANCE
You may…
-search the vehicle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What section would you use to search a PERSON in a PUBLIC PLACE committing an offence against S.202A, C.A 1981?

A

S.27.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

S.26 - definition for Disabling substance?

A

‘Disabling substance’ means any ANAESTHETISING or other

substance produced to use for DISABLING a person, or intended for such use by the person who has it with them.

30
Q

S.26 - Definition for Offensive weapon?

A

‘Offensive weapon’ means any article MADE or ALTERED to use

for causing BODILY INJURY, or intended for such use by the person who has it with them.

31
Q

S.29 - Warrantless search of VEHICLE for STOLEN PROPERTY IN A PUBLIC PLACE

A

RGTB that any stolen property is IN or

ON any VEHICLE, you may search the VEHICLE without a warrant

32
Q

What should we consider doing if we have RGTB that stolen property is IN/ON a vehicle that is on private property?

A
  • seek a search warrant

- use an alternative warrantless power (S.15?)

33
Q

S.83 - Entry and search of PLACES after arrest

A

-RGTB evidential material relating to the offence is at a place, and
-if entry is delayed to obtain a warrant, evidential material will be CADD
You may…
enter the PLACE to search for evidential material relating to the offence (whether or not the person was arrested there) without a warrant.

34
Q

S.84 - Entry and search of VEHICLES after arrest

A

RGTB that evidential material relating to the offence for which they were arrested is in a VEHICLE
You may…
enter and search that VEHICLE
without warrant.

35
Q

Consent searches - key points to note?

A
  • Before using a consent search, FIRST CONSIDER USING A SEARCH WARRANT, or if that’s not practicable, a warrantless search power.
  • You must HAVE a REASON TO JUSTIFY asking a person to consent to A SEARCH and the search must not be used to go on ‘a fishing expedition’.
  • You must ADVISE THE REASON FOR THE SEARCH and that they can REFUSE consent OR WITHDRAW it at any time.
  • A person UNDER 14YRS of age CANNOT CONSENT to the SEARCH of a place, vehicle, or other thing - UNLESS they are FOUND DRIVING a vehicle and there is no passenger 14 years or over with authority to consent to the vehicle’s search.
36
Q

EXCEPTIONS to consent search rules include?

A
  • search conducted as a CONDITION OF ENTRY to any public or private place
  • search conducted under a power conferred by an ENACTMENT
  • entry to property under an implied LICENCE.
37
Q

S.92 - (Purposes for which consent search may be undertaken) You may ask a person to consent to undergo a search, or a search of a place, vehicle, or other thing apparently in the person’s control for one or more of these purposes…

A
  • to PREVENT the commission of an offence
  • to PROTECT life or property, or to prevent INJURY or HARM
  • to INVESTIGATE whether an offence has been committed
  • any purpose in respect of which you could exercise a power of search conferred by an enactment, if you held a particular BELIEF or SUSPICION specified in the enactment.
38
Q

S.93 - (Advice that must be given before searching)

Before conducting a search by consent, the officer who proposes to conduct it must:?

A
  • advise the person from whom consent is sought:
  • of the REASON for the proposed search
  • that they may CONSENT or REFUSE to consent to the search.
39
Q

What is good practice when searching?

A

INTRODUCE yourself by name & station, the REASON for the search and produce you ID (if not in uniform)

40
Q

S.94 - Circumstances where a search by consent is unlawful if?

A
  • it is not for a purpose set out in section 92, or
  • you fail to give the required advice set out in section 93, or
  • you undertake a search relying on consent given by a person who does not have authority to give that consent.
41
Q

S.117 - Special powers when an application for search warrant is pending (If a search warrant application is about to be made in relation to a place, vehicle or thing, or has been made but not yet granted or refused by an issuing officer)

A

You may…
at any time that is reasonable in the
circumstances:
-enter and secure the place, vehicle, or other thing, and
-secure any item(s) found there, and
-direct any person to assist with the entry and securing of the place, vehicle or other thing, or the securing of items in it
if you…
-believe that evidential material may be
CADD
or removed before a decision is taken to
grant or refuse the issue of a search warrant.

42
Q

In relation to S.117 - You may only exercise these special powers until the first of the following occurs..

A
  • the expiry of 6 hours from when the power is first exercised
  • the warrant is available for execution at that place or vehicle or in respect of that other thing
  • the application for a search warrant is refused.
43
Q

S.118 - (Powers of detention incidental to searches of places and vehicles) If you are exercising a search power in relation to a place or vehicle, you (or a person assisting you) may detain any person to determine whether there is a connection between them and the object of the search if the person:

A
  • was there at the start of the search, or

- arrives at the place or stops at, or enters, or tries to enter, the vehicle while the search is being carried out.

44
Q

In relation to S.118, You may use reasonable force (e.g. handcuffing) to effect and continue the detention.

A
  • may be for any reasonable period but no longer than the duration of the search
  • starts when you direct the person to remain and ends when you tell them they are free to go.
45
Q

S.119 - Powers to search persons at a PLACE or VEHICLE

A

search any person…
if you have RGTB …
-FOUND at the place or in or on the vehicle,
or
-ARRIVES at the place, or
-STOPS at, or ENTERS, or tries to enter or GETS INTO or ONTO the vehicle
-believe that EVIDENTIAL MATERIAL that is the object of the search is on that person, or
-suspect the person is in POSSESSION of a DANGEROUS ITEM that poses a threat to safety and you believe that IMMEDIATE ACTION IS NEEDED TO ADDRESS THE THREAT
Exception to the above is when the search of the place or vehicle is for DRUGS. In that case, you can search any person at the scene under S.19 or 21.

46
Q

In relation to S.119, what must you do if you seize any item posing a threat to safety?

A

If you seize any item posing a threat to safety, then it must, unless possession constitutes an offence, be RETURNED to the person:

  • once your search has been completed, or
  • when you are SATISFIED there is NO longer any THREAT to safety.
47
Q

S.120 - Powers of search when suspect PURSUED
If you intend to search a PERSON or VEHICLE, but that person or vehicle LEAVES BEFORE you are able to START or COMPLETE the search:

A

you may…
-apprehend the person or
-enter any place to apprehend the person or vehicle
if you have…
-been FRESHLY PURSUING the person from the intended search location until apprehended, and
-RGTB that relevant evidential material is still on the person or in or on the vehicle.

48
Q

If you find evidence of an offence other than the one specified in the warrant or covered by your warrantless power, you cannot seize it unless?

A
  • you obtain another warrantS.121, or

- you exercise plain view seizure under S.123.

49
Q

S.112 - Items of uncertain status

A

If you are NOT CERTAIN if something can LAWFULLY be SEIZED and it is not reasonably practicable to determine that where the search takes place, you may REMOVE the item for EXAMINATION or analysis to DETERMINE whether it may be lawfully seized.

50
Q

S.121 - Stopping vehicles with or without warrant to search.

You may stop a vehicle to conduct a search..

A

-without a warrant
-with a warrant
if you are satisfied that…-grounds exist to search the vehicle
-the warrant has been issued and is in force.

51
Q

S.122 - Moving vehicle for purpose of search or safekeeping.

You may move a vehicle to another place if?

A

-you find or stop the vehicle
and you have…
-lawful authority to search the vehicle, but it is impracticable to do so at that place, or
RGTB it is necessary to move the vehicle for safekeeping.

52
Q

S.128 - Duty to remain stopped. You may require the vehicle to…?

A
  • REMAIN stopped for as long as is REASONABLY NECESSARY for the exercise of any powers in respect of:
  • the vehicle, or
  • the occupants of the vehicle.
53
Q

S.9 - Stopping vehicles without warrant to effect arrest. You may stop a vehicle without warrant to arrest a person if?

A

RGTB that a person:

  • is U.A.L, or
  • has committed an offence punishable by imprisonment, and
  • to believe the person is in or on the vehicle
54
Q

S.30 - Obtaining authorisation for a warrantless road block

If you are a senior constable you may authorise the establishment of a road block (orally or in writing) if you have?

A

RGTB that in or on a vehicle there is a person who you have RGTS

  • has committed an offence punishable by a term of imprisonment or
  • is unlawfully at large, and
  • suspect the vehicle will travel past the place where it is proposed the road block be established
55
Q

In relation to S.30, what must be established?

A

You must be satisfied that, as far as is reasonably practicable, the safety of all road users will be ensured in the area where the road block will be established.

56
Q

What does ‘senior constable mean’?

A

senior constable means a constable who HOLDS a level of POSITION of SERGEANT or HIGHER, and includes any constable who is ACTING in any such rank

57
Q

S.31 - Duration and record of warrantless road block authorisation…

A

to establish it…

  • is valid for an INITIAL PERIOD NOT EXCEEDING 24HRS specified by the person giving the authorisation, and
  • may be renewed from time to time by a district court judge for a single further period not exceeding 24 hours specified in writing by the judge.
58
Q

In relation to S.31, if you authorise a road block, you must keep a written record of?

A
  • the LOCATION

- the PERIOD(s) for and GROUNDS on which authorisation was granted or renewed.

59
Q

S.32 - Powers under authorised ROAD BLOCKS implemented without warrant
Any constable may do any or all of these things when a road block is authorised…

A

-Establish road block
Establish a road block at the place specified in the authorisation.

-Stop vehicles
Stop vehicles at or in the vicinity of the road block.

-Require particulars
Require any person in or on any vehicle stopped by the road block who you have reasonable grounds to suspect has committed an offence punishable by imprisonment to state their name, address, and date of birth.

-Search vehicle
Search the vehicle for the purpose of locating a person who has committed an offence (punishable by imprisonment) or is unlawfully at large (excluding non-payment of fines warrant), if you or any other constable has reasonable grounds to believe the person is in or on the vehicle.

60
Q

There are 3 main types of personal searches which have increasing levels of justification and requirements:

A
  • rub-down searches
  • strip searches
  • internal searches.
61
Q

Searching items under a person’s control means?

A

Searching people can include searching ANYTHING:

  • they are WEARING or CARRYING, or
  • that is in their PHYSICAL POSSESSION or IMMEDIATE CONTROL
  • this could include a place or vehicle.
62
Q

S.16 - Warrantless searches of PEOPLE in PUBLIC PLACES for evidential material

A

You may search a person in a PUBLIC PLACE without a warrant if you have RGTB that they are in POSSESSION of evidential material relating to an offence punishable by 14YRS IMPRISONMENT or more.

63
Q

S.18 - Warrantless searches of people in possession of ARMS. If you have reasonable grounds to…
suspect a person is CARRYING arms, or is IN POSSESSION of them, or has them UNDER THEIR CONTROL and:

A

-the person is in BREACH of the Arms Act 1983 (No FLICNO), or
-the person, 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
-that, under the Family Violence Act 2018:
-a P.O or P.S.O is in force against that person,
or
-there are GROUNDS TO APPLY for a P.O against them

64
Q

If a person is carrying arms, or is in possession of them, or has them under their control, you may do any or all of the following without a warrant:

A
  • search the person
  • search anything in their possession or under their control (including a vehicle)
  • enter a place or vehicle to carry out one of the above
  • seize and detain:
  • any arms found
  • any licence under the Arms Act 1983 that is found.

Note: Arms are “in a person’s possession or under their control” if they have access to them. They do not need to be in the person’s immediate possession.

65
Q

S.27 - Warrantless searches of people for offensive weapons

A

You may search a person without a warrant if you have RGTS the person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances).

66
Q

S.85 - Rub-down searches of arrested or detained people

You may carry out a rub-down search of a person who is arrested or detained under any enactment, to ensure what?

A
  • the person is not carrying anything that may be used to:
  • harm any person (including themselves), or
  • facilitate the person’s escape.
67
Q

What is a rub-down search is a search of a clothed person in which you may?

A
  • run or pat your hand over the body of the person being searched, whether outside or inside their clothing (other than the underclothing)
  • insert your hand inside any pocket or pouch in their clothing (other than the underclothing)
  • for the purpose of permitting a visual inspection, require the person being searched to:
  • open their mouth
  • display the palms of their hands or the soles of their feet
  • lift or rub their hair.
68
Q

S.87 - A rubdown search may include a VISUAL EXAMINATION

A

whether or not facilitated by any instrument or device designed to illuminate or magnify of the mouth, nose, and ears, but must not include the insertion of any instrument, device, or thing into any of those orifices.

69
Q

S.86 - Things that can be done to facilitate a rub-down search you may require the person being searched to:

A
  • remove, raise, lower, or open any outer clothing (including, without limitation, any coat, jacket, jumper, or cardigan) being worn by them, except when they have no other clothing, or only underclothing, under that outer clothing, and
  • remove any head covering, gloves, or footwear (including socks or stockings) being worn.

You may also search:

  • any item carried by or in their possession, and
  • any outer clothing removed, raised, lowered, or opened for the purposes of the search, and
  • any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.
70
Q

S.85 - Rub-down searches of arrested or detained persons
You may carry out a rub-down search when a person is arrested or detained under a statutory power of detention, to ensure that they are not carrying anything that may be used to:

A
  • harm any person, or

- facilitate the person’s escape.

CPK (20 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions