SS02 - Search places & vehicles Flashcards
WHAT IS RGTB?
REASONABLE GROUND TO BELIEVE
Means having a basis for believing that a situation or circumstance actually exists.
WHAT IS RGTS?
REASONABLE GROUND TO SUSPECT
Means having a sound basis for suspecting that a situation or circumstance is LIKEY to exist.
SEARCH AND SURVEILLANCE ACT 2021
WHAT IS SECTION 131?
OBILGATIONS (R-A-I-N)
BEFORE INITIAL entry into or onto the place, vehicle or other thing to be searched you MUST;
- Identify yourself by name or unique identifier
- Announce your intention to enter and search under the Search And Surveillance act 2021
- If you are not in Police uniform, provide proof of identity.
WHAT IS R-A-I-N?
REASON - ACT - INTENT - NAME
- “My name is Constable Geayley from the Porirua Police Station…”
- “…Under the Search and Surveillance Act 2012 I INTEND TO ENTER…”
- “… to search for ______ as I believe she is here and has a warrant to arrest” - give example of reason for the search
WHEN IS R-A-I-N NOT REQURED?
If you have reasonable ground to believe that:
- No person is lawfully present in or on that place, vehicle or other thing to be searched, or;
- Complying with these requirements would:
a). Endanger ay person’s safety, or;
b). Prefudice the successful use of the search and entry power
or
c). Prejudice ongoing investigations
WHAT IS POL 1275?
If you undertook a warrantless search, you must leave a written notice stating the Act and reason for the search.
SEARCH AND SURVEILLANCE ACT 2021
WHAT IS SECTION 14?
WARRANTLESS ENTRY TO PREVENT OFFENCES OR RESPOND TO RISK OF LIFE OR SAFETY.
If you have reasonable grounds to suspect that in relation to a place or vehicle;
An offence is being committed, or is about to be committed that would be likely to cause;
- Injury to any person
or
- Serious damage to or serious loss of, any property
There is a risk to life or safety of any person that requires an emergency response.
You MAY;
- Enter the place or vehicle without a warrant
AND - Take any action that you have reasonable grounds to believe is necessary to prevent the offending from being committed or continuing
or
- To avert the emergency
SEARCH AND SURVEILLANCE 2012
WHAT IS SECTION 7?
ENTRY WITHOUT WARRANT TO ARREST PERSON
If you have reasonable grounds to;
- Suspect that a person is unlawfully at large
AND
- Believe that the person is in a place or vehicle
You may;
- Enter the place or vehicle without warrant to search for and arrest that person.
SEARCH AND SURVEILLANCE 2012
WHAT IS SECTION 8?
ENTRY WITHOUT WARRANT TO AVOID LOSS OF OFFENDER OR EVIDENTIAL MATERIAL.
If you have reasonable grounds to;
- Suspect that a person has committed an offence punishable by imprisonment for which they may be arrested without warrant AND;
- Believe that the person is in a place or vehicle AND;
- Believe that, if entry is not affected immediately, either or both of the following will occur;
a). The person will leave the place or vehicle to avoid arrest
Evidential material relating to the offence for which the person is to be arrested will be concealed, altered, damaged or destroyed.
You MAY;
- Enter the place or vehicle without warrant
AND - Search for and arrest the person you suspect has committed the offence.
SEARCH AND SURVEILLANCE ACT 2012
WHAT IS SECTION 83?
ENTRY WITHOUT WARRANT AFTER ARREST
If you have arrested a person AND have reasonable grounds to believe that;
- Evidential material relating to the offence for which the person was arrested is at a place
AND
- If entry is delayed in order to obtain a search warrant, the evidential material will be concealed, altered, damaged or destroyed.
You MAY;
- Enter that place without warrant to search for the evidential material (whether or not the person was arrested there).
SEARCH AND SURVEILLANCE ACT 2012
WHAT IS SECTION 84?
WARRANTLESS ENTRY AND SEARCH OF VEHICLE AFTER ARREST
If you have arrested a person and have reasonable grounds to believe that;
- Evidential material relating to the offence for which the person was arrested is in or on a vehicle
You MAY;
- Enter and search for that vehicle for evidential material without warrant (whether or not the person was arrested in the vehicle).
SEARCH AND SURVEILLANCE ACT 2012
WHAT IS SECTION 123?
SEIZURE OF ITEMS IN PLAIN VIEW
If you as part of your duties;
- Exercise a search power or;
- Are conducting a lawful search of a person or;
- are lawfully in any place or in or on a vehicle
You MAY seize any item(s) you (or anyone assisting you) find:
- In the course of carrying out the search
or
- As a result of observation at that place or in or on the vehicle.
AND you have reasonable grounds to believe that you could have seized the item under;
- Any search warrant that you could have obtained
or
- Any other search power you may exercise.
SEARCH AND SURVEILLANCE ACT 2012
WHAT IS SECTION 112?
ITEMS OF UNCERTAIN STATUS MAY BE SEIZED
If you are exercising a search power AND;
- You are uncertain whether any item found may be lawfully seized
AND
- It is not reasonably practical to determine whether the item can be seized at the place or vehicle where the search takes place
You MAY;
- Remove the item for analysis or examination to determine whether it may be lawfully seized.
SEARCH AND SURVEILLANCE ACT 2012
WHAT IS SECTION 29?
POWER TO SEARCH VEHICLES WITHOUT WARRANT FOR STOLEN PROPERTY
If you have reasonable grounds to believe that:
- Any stolen property is in or on any vehicle
You MAY;
- Search the vehicle without warrant.
