SS01: Searching People

Question 1

S&S act full name

Answer 1

Search and Surveilance Act 2012

Question 2

Warrantless search obligations - Section 125

Answer 2

(NAIR or NAR)
- Identitfy themselves, show ID if not in uniform
- State the name of act under search is being used
- Intent - I intend to search or enter
- Reason for search

Question 3

NAR

Answer 3

• Name - My name is Constable MOHAMMED from Porirua Police Station
• Act - Under the S & S Act 2012 I am going to search you”
• Reason - “to ensure you don’t have anything that may harm any person or facilitate your escape

Question 4

Section 85 - Search of arrested or detained person

Answer 4

• You may search someone detained or arrested under a statutory power of detention
• to ensure not carrying anything that may be used to
• harm any person
• or facilitate their escape
• must be lawful and reasonable

Question 5

85 do nots

Answer 5

Do not;
- touch skin
- insert under last layer of clothing
- put hand inside pocket - instead tip it out
- Do not enter their mouth

Question 6

Section 88 - Warrantless search of arrested or detained person for evidential material

Answer 6

• Arrested or detained
• RGTB carrying anything that
• May be used to harm any person; or
• may be used to facilitate escape; or
• is EVIDENTIAL MATERIAL in relation to the offense they were arrested for.

Question 7

RGTB V RGTS

Answer 7

RTGB - sound bases to believe that a situation or circumstance actually exists
RTGS - sound bases for suspecting that a situation or circumstance is likely to exist

Question 8

Section 11 - Warrantless searches of people who are to be
locked up in Police custody

Answer 8

May search any person who has been taken into lawful custody and is or is about to be locked up
- custody search, takes place after 85/88

Question 9

Purpose of Section 11 search

Answer 9

• To protect detained person’s property and remove items that might be used to harm themselves
• exercised before locked up
• take jewelry, shoes, strings, money etc

Question 10

Locked up

Answer 10

• person taken into lawful custody and being BEHIND A CLOSED OR LOCKED DOOR preventing them from leaving
• e.g - interview room, cell, charge room

Question 11

Section 11(3)

Answer 11

Search should only be done ONCE however
May search again if
- they were not searched beforehand
- suspect they been close to another person
- close to someone who was locked up and not searched
- RGTB person may have anything

Question 12

Section 13 - Property taken from people locked up in Police custody

Answer 12

Any prop taken under section 11 must be returned when releases
Unless
- money/prop may be given in evidence
- possession of that money/prop constitutes an offense

Question 13

Sec - 92 Purposes for which consent search may be undertaken (consent search)

Answer 13

May conduct a consent search if one or more…
- to prevent the commission of an offense
- to investigate whether an offence has been commited
- to protect lie or property
- to prevent injury or harm

Question 14

Sec 92. What can you consent search ?

Answer 14

• themselves
• a place
• a vehicle or
• anything in their control

Question 15

Section 93 Advice that must be given before consent search undertaken

Answer 15

Before search…
- is search authorised by s92
- advise person reason for search
- advise they may either consent or refuse anytime

Question 16

Section 94, A search by consent is unlawful if:

Answer 16

• not for purpose in s92 or
• fail to give advice in s93
• consent is given by a person who does not have authority to consent

Question 17

Section 95 Ability of persons under 14 years to consent to searches of places, vehicles or other things

Answer 17

Person under 14 can not give consent of
- place
- vehicle
- other thing