SS01 - Searching People

Question 1

SEARCH AND SURVEILLANCE ACT 2012
SECTION 85

WHAT IS IT?

Answer 1

RUB DOWN SEARCH OF ARRESTED OR DETAINED PERSONS.

When a person has been arrested or detained under a statutory power of detention, you may search that person to ensure they are not carrying anything that may be used:

• Harm any person
  or
• Facilitate the person’s escape

The search must be lawful and reasonable.

Question 2

SEARCH AND SURVEILLANCE ACT 2021
SECTION 125

WHAT IS IT?

Answer 2

OBLIGATIONS

If exercising a search power to search a person you MUST:

• Identify themselves by name or unique identifier (show ID if not in uniform)
• State the name of the enactment under which the dearch is taking place
• State the reason for the search

Question 3

WHAT IS -

R - A - N

Answer 3

R - A - N (REASON - ACT - NAME)

• “My name is Constable Geayley from the Porirua Police Station”;
• “Under the Search and Surveillance Act 2012 I am going to search you…”;
• “… to ensure you don’t have anything that may harm any person or facilitate your escape”.

Question 4

SEARCH AND SURVEILLANCE ACT 2021
SECTION 85

• WHAT IS THE RUB DOWN PROCESS?

Answer 4

If conducting a rub-down search you MAY do any or all of the following:

• Run or pat your hand over the body of the person being searched, whether outside or inside of the clothing (NOT ON TOUCHING SKIN!!)
• Insert your hand into any pocket or pouch in the clothing (NOT TOUCHING SKIN!!) of the person being searched.

Question 5

SEARCH AND SURVEILLANCE ACT 2021
SECTION 85

• WHAT CAN YOU DO FOR A VISUAL INSPECTION?

Answer 5

• Open their mouth
• Display the palms of their hands
• Display the soles of their feet
• Lift or rub their hair

Question 6

WHAT CAN BE DONE TO HELP FACILITATE A RUB DOWN?

Answer 6

• Remove, raise, lower or open any outer clothing such as a coat, jacket, jumper or cardigan (except when someone has no clothing on underneath).

AND

• Remove any head covering, gloves, footwear, socks, stockings.

Question 7

SEARCH AND SURVEILLANCE ACT 2021
SECTION 88

WHAT IS IT?

Answer 7

WARRANTLESS SEARCH OF ARREST OR DETAINED PERSON FOR EVIDENTIAL MATERIAL

• For anybody you have arrested or detained AND;

a). May be used to harm any person; or
b). May be used to facilitate the person’s escape; or
c). is EVIDENTIAL MATERIAL in relation to the offence they were arrested for.

Question 8

WHAT IS RGTB?

Answer 8

REASONABLE GROUNDS TO BELIEVE

Question 9

WHAT IS RGTS?

Answer 9

REASONABLE GROUNDS TO SUSPECT

Question 10

SEARCH AND SURVEILLANCE ACT 2021
SECTION 11

WHAT IS IT?

Answer 10

WARRANTLESS SEARCHES OF PEOPLE WHO ARE TO BE LOCKED UP IN POLICE CUSTODY.

You may search any person who has been taken into lawful custody and is or is about to be ‘locked up’.

This is a CUSTODY SEARCH and would take place AFTER a Section 85 or 88.

Question 11

WHAT IS THE PRIMARY FOCUS OF THE SEARCH AND SURVEILLANCE ACT 2021 SECTION 11?

Answer 11

The primary focus is no to look for or seize evidential material but to protect the detained person’s property and remove items that might be used to harm themselves or others.

This power may be exercised BEFORE the person is locked up.

Question 12

WHAT IS THE MEAING OF “LOCK UP” + WHAT ARE SOME EXAMPLES?

Answer 12

Means a person taken into lawful custody and being placed behind a closed or locked door that prevents them from leaving.

EXAMPLE:
- Interview room
- Cell
- Charge room

Question 13

SEARCH AND SURVEILLANCE ACT 2021
SECTION 11(3)

WHAT IS IT?

Answer 13

A Section 11 search should be conducted ONCE; however, there are occassions when you may search a person AFTER being locked up if;

• The person was not searched beforehand; or
• You reasonably suspect that they have been close to a person who has not been locked up in police custody; or
• You reasonably suspect they have been close to a person who has been locked up but not searched yet; or
• You have RGTB the person may have anything that may be used to harm themselves or other.

Question 14

SEARCH AND SURVEILLANCE ACT 2021
SECTION 13

WHAT IS IT?

Answer 14

PROPERTY TAKEN FROM PEOPLE LOCKED UP IN POLICE CUSTODY.

Any money and/or items of property taken from a person under Section 11 must be returned to them when they are released UNLESS;

• That money/property may be given in evidence; or
• Possession of that money/property constitutes an offence

Question 15

SEARCH AND SURVEILLANCE ACT 2021
SECTION 92

WHAT IS IT?

Answer 15

PURPOSES FOR WHICH CONSENT SEARCH MAY BE UNDERTAKEN.

You MAY conduct a consent search for one or more:

• To prevent the commission of an offence
• To investigate whether an offence has been committed
• To protect life or property
• Yo prevent injury or harm

Question 16

WHAT MAY YOU ASK A PERSON TO CONSENT TO A SEARCH OF?

Answer 16

• Themselves
• A place
• A vehicle or
• A thing apparently in their control.

Question 17

SEARCH AND SURVEILLANCE ACT 2021
SECTION 93

WHAT IS IT?

Answer 17

ADVICE THAT MUST BE GIVEN BEFORE CONSENT SEARCH UNDERTAKEN.

Before you undertake a consent search you MUST:

• Determine that the search is for a purpose authorised by s92

AND

• Advise the person of the reason for the proposed search

AND

• Advise the person that they may either consent to be searched or refuse to be searched.

Question 18

SEARCH AND SURVEILLANCE ACT 2021
SECTION 94

WHAT IS IT?

Answer 18

A SEARCH BY CONSENT IS UNLAWFUL IF;

• It is not for a purpose set out in s92 or
• You fail to give the required advise as set out in s93 ir
• Consent is given by a person who does not have the authority to consent.

Question 19

SEARCH AND SURVEILLANCE ACT 2021
SECTION 95

WHAT IS IT?

Answer 19

ABILITY OF PERSONS UNDER 14 YEARS TO CONSENT TO SEARCHES OF PLACES, VEHICLES, OR OTHER THINGS.

Persons under 14 years of age are unable to consent to the search of;

• a place or a vehicle or other thing.