Search Warrants/Production orders And S&S Flashcards
Pursuant to S&S Act 2012 you are searching the prisoner incidental to arrest. In his possession you find a cellphone that you’ve established is stolen when bailed an hour later he asked for the Southland back. What should you do?
Refuse to give him the cellphone back because it was seized in a lawful search
You may search a person without a warrant for a controlled drug if you have:
RGTS offences occurred and RGTB the in posession of a controlled drug
A local chemist has caught a woman shoplifting cosmetics in his shop. He prevents her from leaving and calls Police. You attend, form your reasonable grounds to search the woman and give you obligations. You search the woman’s pockets in carry bag and locate the missing items. You also find and remove some items of clothing that you said speak to stolen as they still have security tags. Following your search the woman must be given a copy of the:
A POL268 inventory of items seized
You’re in the car park of the shopping mall when you hear a woman crying out that a handbag has been snatched. She tells you the offender ran off and got circumstances you would use s8 to enter the van to:
Arrest the offender
Speak to victims property that may be held as evidence police are obliged to
Discuss the evidential requirement with the victim and ensure the property is returned as soon as practicable after it is no longer needed
While on patrol you see a man waiting at the taxi rank who matches COMMS description of one of two men who robbed a shop assistant 1 hour ago. Demeanour reported to have stolen two iPhones. Which power of search is most appropriate in the circumstance?
S16 warrantless search of a person for evidential material relating to a certain offence
Under S&S 2012 which of the following could be an example of ‘privileged information’?
Patient records kept by GP or psychologist
Your arrest young woman in the crowded smoking area outside of a bar as you have RGTB she’s in possession of drugs and RGTS she is distributing the drugs to others. You give your obligations and conduct a rub down search including putting your hands inside the pockets of the zipped up jacket she’s wearing. She’s a bit of an uncle operative. You demand she removes her jacket and when she does you find she is only wearing underwear. A lawyer might challenge your search on the principle of:
Reasonableness
John is escaped from the prison band transporting him from the local court to prison. You see him run into someone’s garden. Can you enter the property to arrest John?
Yes, because John is unlawfully at large and you have RGTB he is on the property.
You have RGTB that stolen property is located in a garage at a local address and execute the search warrant. No one is present when you arrive and you see the garage has a security alarm and it is armed. You use S110 and call a security technician to help you gain entry to the garage. You must then:
Accompany the technician on entry and provide reasonable supervision
You search approved for cannabis under section 21 of the S&S 2012. What statutory requirements (if any) do you have to fulfil after the search?
Submit a notification to the Commissioner within 3 days
The S&S Act 2012 choirs you to identify yourself in announce your intentions before you?
Enter a place, vehicle or other thing to search it
Before applying for a search warrant, you must be sure that the offence you suspect is being, has been, or is about to be committed is?
An offence punishable by imprisonment
Pursuant to section 19 S&S Act 2012 which of the following statutes authorises the search of persons during the execution of a search warrant?
Misuse of Drugs Act 1975
When can you enter a place without warrant to search for evidential material under s83?
When you have arrested a person and have RGTB evidential material will be CADD
