Sections and Meaning Flashcards
CADD means?
Conceal, Alter, Damage or Destroy
Section 125
When searching persons you must:
- State reason for search
- Act the search will be conducted under
- State intention to search
- Identity yourself or present ID if not in uniform
Section 131
When searching places, vehicles and other things you must:
- State reason for the search
- Act under which the search will be completed
- Intention to enter and search
- Name and identify or ID if not in uniform
Section 110
Powers during power of search:
- Use force
- Seize items
- copy documents
- Bring and use equipment (including the use/extraction of electricity)
- Bring and use a Drug Dog
- Request any assistance
- Take photographs
- Access computers and clone information
Section 113
Powers of persons called to assist:
- Must be accompanied on and supervised
- Has same powers as S110
Section 169
Reporting on use of powers:
- Reports to commissioner or person acting for the commissioner
- reports on circumstances, evidential material obtained and criminal proceedings
- not required for rubdowns, (s85 or s88) or custody search (s11) or a Consent search
Section 116
Power to secure place, vehicle or other thing to be searched (for the purpose of the search and for a reasonable time)
- secure any place or vehicle or thing
- secure anything found in that place or vehicle
- exclude any person from the place or vehicle or give reasonable direction if RGTB obstruction/hinder search.
- “RAIN” requirements
Section 117
Secure a place or vehicle pending search warrant:
- application made or about to be made for place/vehicle
- RGTB CADD
- enter and secure (windows etc)
- secure any items visible (not search though)
- direct any person to assist
- max 6 hours or SW approved or SW declined
- “RAN” requirements
Section 118
Power to detain people during search of place, vehicle or other thing:
- Constable or person assisting a Constable can detain any person to determine their link to the searched place or vehicle (including people that arrive to the search location)
- Detained for as long as reasonable but not longer than the search
- Necessary force and BOR
Section 119
- Power to search person arriving or found at place being searched if RGTB they hold evidential material
- or to search them if RGTS they have a dangerous item which poses threat to safety and requires immediate action
Section 15
Warrantless Power to enter and search a place - 14+ year offence:
- RGTS 14+ year offence has, is or about to be committed
- RGTB Evidential Material in the place
- RGTB CADD will occur if delayed
Section 16
Warrantless Search of person in public place relating to 14+ year offence:
- Person is in a public place
- RGTB in possession of evidential material relating to 14+ year offence
Section 17
Warrantless entry and search if vehicle in public place - 14+ year offence
- Vehicle is in a public place
- RGTB Evidential Material relating to a 14+ year offence is in the vehicle
- power to enter and search
Section 18
Warrantless Search relating to firearms:
- RGTS person is carrying/possesses/controls firearms
AND IS:
- Breaching Arms Act
- Physically or mentally incapable of proper control and may kill or cause GBH
- A protection order or PSO is in place or grounds for one to be issued
You may without warrant:
- search a person
- enter and search vehicle or place
- seize and detain any arms (includes ammo) and thier arms licence
Section 18 (3)
Pretty much same as 18 but when a person isn’t present and RGTS evidential material in a place or vehicle from a Cat 3 or 4 offence
Section 19
A person located at a Search Warrant address or vehicle subject of a SW looking for drugs, can be searched under Section 19 for Evidential Material relating to the SW.
Section 20
Warrantless search of places and vehicles relating to drugs:
- RGTS an offence against MODA75
- RGTB controlled drug or precursor in place or vehicle
- RGTB not practical to get a SW
- RGTB CADD of Evidential Material
may enter and search, RAIN and BOR.
Section 21
Searching persons found in vehicle or place relating specifically to the use of Section 20 (Warrantless Drug Search)
Section 22
May search a person in Public place for drugs if:
- RGTS offence against MODA75 has/is/about to be committed
- RGTB possession of Controlled Drug or precursor
Section 27
May search a person in public place for offensive weapon if:
- RGTS offence against 202A (4)(a) CA61 committed
Section 28
May search a vehicle in public place for offensive weapon if:
- RGTS person in the vehicle or person who fled the vehicle committed an offence against 202A (4)(a) of CA61
AND - the vehicle contains a knife, offensive weapon or disabling substance.
Section 7
Entry to place or vehicle to arrest if:
- RGTS person is unlawfully at large
- RGTB person is in place or vehicle
Section 8
May enter to arrest offender or prevent loss of evidence if:
- RGTS person has committed an imprisonable offence
- RGTB person is in that place or vehicle
- RGTB if entry is not immediate either the offender will flee or evidence of the offence will be CADD
NO POWER TO SEARCH FOR EVIDENCE - EITHER HOLD FOR WARRANT OR USE OTHER POWER
Section 14
May enter to prevent offences or risk to safety or life:
- RGTS an offence is or about to be committed in place or vehicle
- likely to cause serious injury or serious property loss or risk to life or safety
May take any action if you have RGTB it was necessary to avert the emergency
Section 9
You may stop a vehicle to arrest a person unlawfully at large:
- RGTS person committed an imprisonable offence or is unlawfully at large
- RGTB person is in the vehicle
Section 10
If a vehicle is stopped under section 9 you may:
- require an occupants to provide details if you have RGTB they are unlawfully at large or committed an imprisonable offence
- may search the vehicle to locate a person if RGTS they are in/on the vehicle
- if the person was arrested or seen fleeing from the vehicle, you may search in the vehicle for evidence of the offence the vehicle was stopped for.
- if the driver was not the sought person you must explain/inform the driver of the reason for the stop/search
Section 121
May stop vehicles for the purpose of a search if:
- grounds for a warrantless search or a search warrant is active
- must complete RAIN
Section 122
May move a vehicle if you:
- find or stop it and have lawful authority to search it, but is Impracticable at that place
Or
- RGTB it is necessary to move the vehicle for safekeeping
Section 128
Require the vehicle and occupants to remain stopped
Section 129
Police duty to provide information (RAN or RAIN)
Section 29
May search a vehicle if RGTB stolen property is in the vehicle
Section 127
If a SW exists for a vehicle and you have RGTB the vehicle is at a place, you can enter the place to execute the the search warrant
Section 83
Entry without Warrant to place after arrest if:
- person arrested and RGTB evidence is is a place and if delayed for SW the evidence will be CADD
- may enter and search for evidence regardless of the address the suspect was arrested
Section 84
Entry to a vehicle without warrant after arrest if:
- Person has been arrested
- RGTB evidence for the offence in the vehicle
- may enter and search for evidence regardless of location the suspect was arrested
Section 88
Warrantless search of person arrested or detained if RGTB person may have:
- anything that could harm any person
- may facilitate escape
- evidential material relating to the offence arrested for
Section 92
Consent search of a person to:
- prevent an offence
- protect life or property
- investigation if an offence occured
- a reason that could otherwise cause a search power to be invoked
Section 93
Prior to search you must determine a reason under section 92 for the search and explain:
- The reason for the search
- and that it is consensual and can refuse the search or stop at any time
Section 94
The consent search is unlawful if:
- it’s not for a purpose under section 92
- section 93 is not complied with
- the person consenting does not have authority to give consent
Section 95
A person under 14yo is unable to consent to a search if a place or vehicle or other thing
Unless the person under 14 is the driver of a vehicle and the oldest occupant
Section 112
Items of uncertain status can be seized for examination if:
- execution of a search power
- uncertain if it can be seized
- it’s not reasonably practicable to determine at the place
Section 123
Plain view seizures if:
- conducting lawful process or in a place or vehicle lawfully
- observe items that RGTB could be seized pursuant to SW or Warrantless power
Section 133
Notice of search and inventory (within 7 days)
Section 110 authorises you to:
- Enter and search
- Search any item found
- Use reasonable force
- Seize anything subject to the search or could be lawful seized
- Request assistance with entry and search including use of Law enforcement dog
- bring or use equipment found at the place
- Copy documents
- Copy intangible information
- Take photographs, audio and visual recordings
Define Curtilage
Land immediately surrounding a house or dwelling including closely associated buildings and structures
Evidential material defined
Any tangible or intangible evidence relating to the offence
Private premises defined
Private dwelling, house, a marae or other premises that is not within the definition of non private premises
Not freely accessible by the general public
Non private premises defined
All or part of a premise that members of the public are frequently permitted to have access
Private activity defined
Activity in the circumstances, any 1 or more participants ought to reasonably expect will not be observed or recorded by any other person apart from the participants
Surveillance device defined
- an interception device
- a tracking device
- a visual surveillance device
To monitor, record and intercept a persons activity
Interception device defined
- any electronic, mechanical, electromagnetic, optical or electro-optical
- instrument, apparatus, equipment or other device
- used or capable of being used to intercept or record a private communication
** NOT AIDS TO CORRECT SUB NORMAL HEARING OR SIGHT **
Tracking device defined
A device used to ascertain
- the location of a thing or person
- wether a thing has been opened or tampered with
** NOT A VEHICLE OR HELICOPTER **
Visual surveillance device defined
- any electronic, mechanical, electromagnetic, optical or electro-optical
- instrument, apparatus, equipment or other device used or capable
- of using to observe and/or record private activity
** DOES NOT INCLUDE GLASSES OR OTHER SUB NORMAL CORRECTIONS **
Trespass surveillance defined
Surveillance that involves Trespass to land or goods
Unlawfully at large - 6 situations a person is unlawfully at large
- WTA
- Prison escape
- Escape lawful custody
- Special or Restricted patient escape or failure to return
- A special care recipient who escaped or failing to return
- Escaped from Oranga Tamariki Youth Justice Facility
Grounds required to apply for a SW
RGTS an offence punishable by imprisonment has been, is being or will be committed
RGTB the search will find Evidential Material in the place vehicle or thing relating to the offence specified
