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RNZPC > SS01-SS04 Search and Surveillance Act 2012 > Flashcards

SS01-SS04 Search and Surveillance Act 2012 Flashcards

1
Q

What does Section 131 of the SOSA require Police to do?

A

When carrying out a search on a place, vehicle or other thing you must advise the occupier of RAIN before the search starts.

Reason for the search - specific

Act - SOSO 2012 (you do not need to advise section number)

Intent - to enter and search the place, vehicle or other thing

Name - your name

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2
Q

What does Section 125 of the SOSA require Police to do?

A

When carrying out a search on a person, you must advise RAN before starting the search.

Reason
Act
Name

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3
Q

What force does S131 and S125 allow Police to have to enter or carry out the search? and does the force extend to cooperation for the search.

A

Reasonable force.

This does not mean overpowering a person to search using these sections. If someone is not allowing you to conduct the search then you gain cooperation by arresting them for obstruction after a warning, and using force to arrest if necessary under Section 39 Crimes Act 1961.

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4
Q

What does section 169 of the SOSA refer to?

A

Reporting of the use of powers under the SOSA by the end of shift at least.

Excludes sections 11, 14, 85, 88, 91-96, you do not need to report on these.

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5
Q

What does Section 14 of the SOSA refer to?

A

Warrantless entry to prevent offences and respond to risk to life or safety.

Allows Police to enter a vehicle or place without a warrant and take action if they have reasonable grounds to suspect that;

An offence is being committed or is about to be committed
Or
Injury to any person
Or 
Serious damage to property
Or
Risk to life
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6
Q

What does Section 8 of the SOSA refer to?

A

Wanted persons, Entry without warrant to avoid loss of offender or evidential material (CADD)

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7
Q

What does CADD stand for?

A

Concealed
Altered
Damaged
Destroyed

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8
Q

What does Section 121 (1) of the SOSA refer to?

A

The authority to stop a vehicle for the purpose of search without a warrant.

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9
Q

What does Section 29 of the SOSA refer to?

A

Power to search a vehicle without a warrant for stolen property in a public place.

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10
Q

What does Section 123 of the SOSA refer to?

A

Seizing of items in plain view when searching a house without a warrant

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11
Q

What does Section 85 of the SOSA refer to?

A

A rub-down search of a person arrested or detained.

For ensuring the person does not have anything on them that could harm any person or facilitate escape.

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12
Q

What does Section 88 of the SOSA refer to?

A

A rub-down search of a person arrested or detained. For the purpose of finding any evidential material from a specific offence.

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13
Q

What does Section 93 of the SOSA refer to?

A

Advice that must be given before a consent search is undertaken.

Advice the person for the reason of the proposed search.

Advise they can refuse the search at any time.

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14
Q

What does Section 11 of the SOSA refer to?

A

Warrantless search of people who are, or are who are to be locked up.

Includes police vehicles.

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15
Q

What does Section 13 of the SOSA refer to?

A

Property taken from person during custodial search (S11).

Property must be bagged and returned to the person once released, or transferred to other custody units with the person.

Unless its evidential material.

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16
Q

What does Section 15 of the SOSA refer to?

A

Entry without warrant to find and avoid loss of evidential material for serious offences (14 years imprisonment and up)

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17
Q

What does Section 83 of the SOSA refer to?

A

Entry without warrant after an arrest to find evidential material relating to the offence committed.

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18
Q

What does section 9 of the SOSA refer to?

A

Stopping a vehicle to find persons at large for arrest who have committed an imprisonable offence.

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19
Q

What does section 7 of the SOSA refer to?

A

Wanted persons - Warrantless entry to arrest person unlawfully at large

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20
Q

What does Section 121 (2) of the SOSA refer to?

A

The authority to stop a vehicle for the purpose of search with a warrant.

21
Q

What does Section 110 of the SOSA refer to?

A

Powers incidental to search of place or vehicles - use anything at the place for the search, seize anything that is the subject of the search and anything lawfully able to be seized, use reasonable force on property only to search and seize.

22
Q

What does section 116 of the SOSA refer to?

A

Securing the place, vehicle or other thing for for search.

You may exclude anyone from the area if you believe they will hinder the search or give reasonable directions.

Freeze, control, preserve

23
Q

When must you provide RAN when exercising section 116 SOSA?

A

Only when someone affected by the search asks.

24
Q

What does Section 118 of the SOSA refer to?

A

Powers of detention incidental to searching place or vehicle, determining connection of person with place or vehicle being searched.

25
Q

Who can you detain under section 118 SOSA?

A

Anyone at the place at the start of the search.

Anyone who arrives at the place while the search is being carried out.

Anyone who enters or tries to enter the area or vehicle while the search is being carried out.

26
Q

What can you do if a previously detained person leaves the area? and what section covers that?

A

Arrest the person under section 176 of the SOSA, - leaving search location in breach of direction.

27
Q

What does Section 122 of the SOSA refer to?

A

The moving of a vehicle for the purpose of safe keeping.

28
Q

What does section 84 of the SOSA refer to?

A

Warrantless search of vehicle after arrest.

29
Q

what does section 112 of the SOSA refer to?

A

Items of unsure status may be seized.

30
Q

What do sections 91 to 96 of the SOSA refer to?

A

Consent searches.

31
Q

Who can you search under section 119?

A

Anyone at the place at the start of the search.

Anyone who arrives at the place while the search is being carried out.

Anyone who enters or tries to enter the area or vehicle while the search is being carried out.

32
Q

What does Section 119 of the SOSA refer to?

A

Powers to search any person or vehicle in relation to the place you have a warrantless search power for.

33
Q

Which is stronger in regards to exercising powers? reasonable grounds to suspect or reasonable grounds to believe?

A

Reasonable grounds to believe.

Believe - actually.
Suspect - likely.

34
Q

When you are about to conduct a search under the SOSA, what are 2 exemptions where you do not have to RAN the person under section 125?

A

When impractical.
Multiple offenders or serious event unfolding.

when the person is already in custody after section 11.

35
Q

What does section 117 of the SOSA refer to?

A

A scene can be held until.

6 hours have passed until scene hold started.

A judge denies a search warrant.

A judge approves a search warrant.

36
Q

What does section 16 of the SOSA refer to?

A

The power to search people in a public place without a warrant for evidential material relating to a serious offence (14yrs +)

37
Q

What does section 17 of the SOSA refer to?

A

The power to enter and search a vehicle for evidential material without a warrant, relating to a serious offence (14rs+)

38
Q

What powers does Section 27 of the SASA 2012 give you?

A

Power to detain and search a person if you have reasonable grounds to suspect they have committed an offence under Section 202A (4) (a) Crimes Act 1961.

39
Q

What powers does Section 28 of the SASA 2012 give you?

A

Power to stop and search a vehicle if you believe an offence against Section 202A (4) (a) has been comitted OR you have reasonable grounds to suspect the vehicle has a knife, offensive weapon or disabling substance in it.

40
Q

Is there a warrantless power under the SASA 2012 for offensive weapons in a private place?

A

No a search warrant must be issued or another relevant SASA 2012 power like 15 or 8.

41
Q

What does Section 18 of the SASA 2012 refer to?

A

Warrantless search, detain, seize of person, vehicle, place for arms.

42
Q

To invoke Section 18 of the SASA 2012 must you have reasonable grounds to believe or suspect?

A

Suspect.

43
Q

To invoke Sections 27 or 28 of the SASA 2012 must you have reasonable grounds to believe or suspect?

A

Suspect.

44
Q

What must you have reasonable grounds to suspect of to invoke Section 18?

A

Breaching an offence in the Arms Act 1983

be the respondent or bound person of a PO or PSO.

Reason by his or her mental and physical condition are

Incapable of having proper control of the arms
OR
May kill or cause bodily harm to any person

45
Q

What does Section 20 of the SASA 2012 refer to?

A

Section 20 - search of a place or vehicle for controlled drugs

46
Q

What does Section 21 of the SASA 2012 refer to?

A

Section 21 - Search of persons in a place or vehicle for controlled drugs when Section 20 is invoked.

47
Q

What does Section 22 of the SASA 2012 refer to?

A

Section 22 - Search a person for controlled drugs.

48
Q

To invoke Sections 20, 21, 22 of the SASA 2012 must you have reasonable grounds to believe or suspect?

A

Believe.

RNZPC (37 decks)

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