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Exam Prep RNZPC > 4-5 questions possible (1) > Flashcards

4-5 questions possible (1) Flashcards

1
Q

Search and Surveillance S.125

A

RAN

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2
Q

Search and Surveillance S.131

A

RAIN

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3
Q

SSA S. 85? RAN or RAIN? Report

A

RAN

PVP

No

Rub down search of arrested or detained persons
• You may carry this out when a person is arrested OR detained to ensure that the person is not carrying anything that may be used to harm any person OR facilitate the person’s escape

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4
Q

SSA S. 88? RAN or RAIN? Report?

A

RAN

No

Warrantless search of arrested or detained persons for evidential material

• You may search pursuant to arrest or detention if you have grounds to believe the person is carrying anything that:
-is evidential material relating to the offence in relation to the arrest or the person is detained OR may be used to harm any person OR may be used to facilitate the person’s escape

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5
Q

SSA S. 11? RAN or RAIN? Report?

A

RAN

No

Warrantless search of people who are, or are to be, locked up in Police custody
• You may conduct a search of any person taken into lawful custody at a Police Station OR other premises being used for Police purposes OR in or about to be placed in a vehicle being used for Police purposes
• You may also conduct a search after person has been locked up if:
-the person was not searched previously
-Suspect that they have been close to another person was has not been locked up
-Suspect that they have been close to another person who has been locked up but not searched
-Believe that the person may have anything that may be used to harm themselves or others

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6
Q

SSA S. 93? Report?

A

No

Advice that must be given before consent search undertaken

  • Determine that the search is for a purpose authorised under S92 (consent search)
  • Advise the person from whom consent is sought of the reason for the proposed search
  • Advise the person that he or she may either consent to the search or refuse to consent the search
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7
Q

SSA S. 123? Report?

A

No

Seizure of items in plain view

  • If you are exercising a search power OR conducting a lawful search of a person OR are lawfully in any place or vehicle
  • You may seize any items you find in the course of the search OR as a result of observations at that place or vehicle AND
  • You have grounds to believe that you could have seized them under any search warrant obtains OR any other search power
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8
Q

SSA S. 121? Report?

A

No

Stopping a vehicle without a warrant for purposes of search

•	You stop a vehicle if you have the grounds to:
-execute a search warrant
-conduct the warrantless search
-Cannot demand details from passengers
•	You must RAN
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9
Q

SSA S. 14? Report?

A

No

Warrantless entry to prevent offence or respond to risk to life or safety

• Suspect that any 1 or more exist in relation to a place or vehicle may:
-enter the place or vehicle without a warrant AND
-take any action that he or she believes is necessary to prevent an offence being committed/continue or to avoid emergency
• Circumstances are:
-an offence being committed, is about to be, that would be likely to cause injury to any person OR serious damage to OR serious loss to any property
-there is risk to the life and safety of any person that is an emergency

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10
Q

SSA S. 27? RAN or RAIN? Report

A

RAN

Yes

Searching people in public places offensive weapons – Offence against 202A(4)(a) Crimes Act 1961

  • Suspect a person is committing an offence against Section 202A(4)(a) (in a public place)
  • You may search the person after you RAN
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11
Q

SSA S.110?

A

Search Powers

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12
Q

SSA S. 18? RAN or RAIN? Report?

A

RAN

YEs

Warrantless searches associated with arms:

  • Reasonable grounds to suspect 1 or more circumstances
  • He or she is in breach of the Arms Act 1983, incapable of having proper control of the arms or may kill or cause bodily injury to any person OR
  • Under the Family Violence Act 2018; a PO or a PSO is in force against the person OR there are grounds to make an application against him or her for a PO
  • You may: search the person, search anything in the person’s possession or under his or her control, enter a place or vehicle to carry out any activity, seize and detain any arms found/any licence
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13
Q

SSA S.7? RAN or RAIN? Report?

A

RAIN

Yes

Entry without warrant to arrest person unlawfully at large

  • Suspect 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
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14
Q

SSA S. 8? RAN or RAIN?

Report?

A

RAIN

Yes

Entry without warrant to avoid loss of offender or evidential material

• Suspect a person has committed an offence punishable by imprisonment AND
• Believe that the person is in a place or vehicle AND
• Believe that if entry is not effected then the following may occur
-person will leave to avoid arrest
-CADD (conceal, alter, destroy, damage)
• You may enter the place or vehicle and arrest the person in question

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15
Q

SSA S.83? RAN or RAIN?

Report?

A

RAIN

Yes

(PVP)
Entry without warrant after arrest to search a place for evidential material

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16
Q

SSA S. 84? RAN or RAIN?

Report?

A

RAIN

Yes

(PVP)
Warrantless entry and search of vehicle after arrest

17
Q

SSA S. 85? RAN or RAIN? Report?

A

RAN

Yes

(PVP) Eighty fife he might have a knife

Rub down search of arrested or detained persons
Of any person arrested or detained to ensure person is not carrying anything that may harm any person or facilitate an escape

18
Q

SSA S. 29? RAN or RAIN? Report?

A

RAIN

Yes

Power to search vehicles without warrant for stolen property

  • Reasonable grounds to believe that any stolen property is in or on any vehicle
  • Only applies to those vehicles in a public place
  • May search the vehicle without warrant (RAIN)
19
Q

SSA S28? RAN or RAIN? Report?

A

RAIN?

Yes?

Searching a vehicle without warrant for offensive weapons

  • Suspect a person travelling in a vehicle (or who has exited the vehicle) is committing an offence against 202A(4)(a) Crimes Act 1961 in a public place AND the vehicle contains a knife, offensive weapon or disabling substance
  • You may search the vehicle
20
Q

SSA 18? RAN or RAIN?

Report?

A

RAIN

Yes

Warrantless searches associated with arms:

  • Reasonable grounds to suspect 1 or more circumstances
  • He or she is in breach of the Arms Act 1983, incapable of having proper control of the arms or may kill or cause bodily injury to any person OR
  • Under the Family Violence Act 2018; a PO or a PSO is in force against the person OR there are grounds to make an application against him or her for a PO
  • You may: search the person, search anything in the person’s possession or under his or her control, enter a place or vehicle to carry out any activity, seize and detain any arms found/any licence
21
Q

SSA S.9? RAN or RAIN? Report?

A

RAIN?

Yes?

Stopping a vehicle to find persons unlawfully at large or who have committed imprisonable offences

  • Suspect that a person is unlawfully at large OR has committed an imprisonable offence AND
  • Believe that the person is in or on a vehicle
  • You may stop the vehicle and arrest the person
22
Q

Crimes Act S.196 Common Assault Elements

A

Common Assault
• Assaults:
-Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly OR
-Threatening by any act or gesture to apply such force the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to affect their purpose
• Another person

23
Q

CA S. 234 Robbery Elements

A
  • Theft
  • Accompanied by violence OR accompanied by threats of violence
  • To any person OR to any property
  • Used to extort the property stolen OR to prevent or overcome resistance to the property being stolen
  • NOTE: increases to aggravated robbery S235 if there is 2 or more people OR at the time, before or after the robbery, causes grievous bodily harm to any person OR person armed with an offensive weapon or instrument
24
Q

SSA Section 16

A

Searching people in public place without warrant for evidential material relating to certain offences (14 years imprisonment)

25
Q

SSA Section 17

A

Searching vehicles in public place without warrant for evidential material relating to certain offences (14 years imprisonment)

26
Q

SSA S. 116

A

RAN

Securing place vehicle or other thing to be searched

May secure and exclude any person for as long as reasonably necessary to carry out that search

27
Q

SSA S. 118

A

RAN

Power of detention during search of place and vehicle

May detain someone for as long as necessary to determine their connection

28
Q

SSA S. 119

A

RAN – Must be reported

Power of search for anyone held by section 118 or arrested

29
Q

Policing act s.36

A

Care and protection of intoxicated person

30
Q

SSA 30 and 32?

A

Authority of a roadblock approved by senior constable

Powers of constable implementing road block

31
Q

S & S 2012 S 15?

A

Entry without warrant to find and avoid loss of evidential material relating to certain offences - Offences of 14+ years imprisonment

32
Q

S & S 2012 S 122?

A

Moving vehicles for purpose of search or safekeeping

33
Q

S & S 2012 S 128?

A

Duty to remain stopped

When exercising a search it is the power to make people remain for as long as necessary

Exam Prep RNZPC (7 decks)

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