Sections Flashcards
S110
Search Powers:
Every search power authorises the person exercising it—
(a)
to enter and search the place, vehicle, or other thing that the person is authorised to enter and search, and any item or items found in that place or vehicle or thing, at any time that is reasonable:
(b)
to request any person to assist with the entry and search (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi):
(c)
to use any force in respect of any property that is reasonable for the purposes of carrying out the search and any lawful seizure:
(d)
to seize anything that is the subject of the search or anything else that may be lawfully seized:
(e)
to bring and use in or on the place, vehicle, or other thing searched any equipment, to use any equipment found on the place, vehicle, or other thing, and to extract any electricity from the place, vehicle, or other thing to operate the equipment that it is reasonable to use in the circumstances, for the purposes of carrying out the entry and search:
(f)
to bring and use in or on the place, vehicle, or other thing searched a dog (being a dog that is trained to undertake searching for law enforcement purposes and that is under the control of its usual handler):
(g)
to copy any document, or part of a document, that may lawfully be seized:
(h)
to use any reasonable measures to access a computer system or other data storage device located (in whole or in part) at the place, vehicle, or other thing if any intangible material that is the subject of the search may be in that computer system or other device:
(i)
if any intangible material accessed under paragraph (h) is the subject of the search or may otherwise be lawfully seized, to copy that material (including by means of previewing, cloning, or other forensic methods either before or after removal for examination):
(j)
to take photographs, sound and video recordings, and drawings of the place, vehicle, or other thing searched, and of any thing found in or on that place, vehicle, or other thing, if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings or drawings may be relevant to the purposes of the entry and search.
S112
ITEM OF UNCERTAIN STATUS:
a person exercising a search power is uncertain whether any item found may lawfully be seized, and it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search takes place, the person exercising the search power may remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.
S116
Securing place, vehicle, or other thing to be searched.
For a reasonable duration you may:
a)
secure the place, vehicle, or other thing searched, any area in or on that
(b)
exclude any person from the place, vehicle, or other thing searched, or from any area within the place, vehicle, or other thing,
RGTB they will obstruct or hinder the search
S117
Secure address for a SW:
-RGTB EM will be CADD
-have 6 hours to obtain SW
RAIN
S118
Powers of detention incidental to search powers:
If exercising search power in Place or Vehicle - detain any person at P or V or arrives at.
Purpose = to establish their connection
S119
Powers of search by person who has power of arrest:
When searching P or V can search people found at or arriving at P or V if:
-RGTB EM that is object of the search is on that person
- RGTS that the person is in possession of a dangerous item, posing a threat to safer and immediate action is needed
S120
Fresh pursuit:
If in fresh pursuit (POA or person leaves before search can be conducted) you may:
-search the person or vehicle once apprehended
-enter any place or vehicle for purpose of apprehending person
RGTB EM
OR
RGTS dangerous item
S121
Stop vehicle for search:
Power to stop vehicle for warrantless search or SW.
RAIN
S122
Move vehicle for search / safekeeping:
It may be impractical to search it in the location it was found
S123
Items in plain view/
RGTB you could have seized them with a SW or other search power
S125
Rules and obligations when searching a person:
RAN
ID yourself, advised of Act and reason for the search. ID if not in uniform, in Tory of items seized.
You may:
-Detain
-use reasonable force
-use equipment to facilitate the search
-ask for help of :medical practitioners, parents, AO
-Seize anything that may lawfully be seized
S127
Search warrant to enter and search vehicle.
Allows you to enter any place:
- to locate the vehicle to execute the SW
- if RGTB that the vehicle is there
S131
Obligations when searching:
Before initial entry:
RAIN
- ID yourself by name or QID
-provide ID if not in uniform
-intention and reason to enter and search - name of the act
-give notice by providing a copy of the SW
-BOR - detained
S169
Reporting requirements: online as soon as practicable
S92
Consent search 4 reasons;
1) prevent the commission of an offence
2) investigate if an offence has been committed
3) to protect life or property
4) prevent injury or harm
Conducting a consent search:
- Reason for the search
- They consnet and that consent can be refused
- withdrawal of consent at any time
-Record your grounds
Person under 14 cannot consent, unless found driving and no older passengers (14+)
S7
Offender UL at large:
Enter and search place or vehicle.
RGTS - UL
RGTB - in place or vehicle
S8
Avoid loss of offender or EM:
Enter and search place or vehicle:
RGTS - Person committed imprisonable offence
RGTB - person is in place or vehicle m, person will leave, CADD occur
S9
Stopping vehicle UL at large:
RGTS - Person UL at large or committed imprisonable offence
RGTB - person in the vehicle
S10
Powers and Duties after vehicle stopped under s9
Require person to give details if RGTS UL at large
Search vehicle if RGTB person UL in there
search vehicle for EM if person arrested or fleeing the vehicle
S15
Enter and search a place:
RGTS - offence 14+
RGTB EM material is in that place and CADD if entry delayed
S16
Search a person in a public place.
14+
RGTB person in possession of EM
S17
Enter and search vehicle in a public place.
RGTB EM in relation to a 14+ offence
S18
Warrantless searches associated with arms
RGTS
