Search and Surveillance Act 2012 Flashcards

1
Q

S and S Act 2012

Define a Tracking Device ?

A

Device used to help ascertain, by electronic or other means:
- location of a thing or person
- whether thing opened, tampered with, or some way dealt with,
BUT
- Doesn’t include vehicle, boat, helicopter etc

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2
Q

S and S Act 2012

Define an Interception Device ?

A
  • Electrical equipment used to intercept a private communication, BUT
  • Doesn’t include hearing aid or similar used to correct subnormal hearing
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3
Q

S and S Act 2012

Define Visual Surveillance Device?

A

Any electrical or optical equipment use to observe a private activity, BUT
- Doesn’t include spectacles, contact lenses or similar, used to corrects subnormal vision

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4
Q

S and S Act 2012

The Purpose of this Act was to do what ?

A

Facilitate monitoring of compliance with the law and investigation/prosecution of offences in manner consistent with human rights values by:

  • Modernising law of search, seizure and surveillance, taking account of advances in technologies
  • Provide rules recognising NZ BOR
  • Ensure Investigated tools are effective and adequate for law-enforcement
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5
Q

S and S Act 2012
There are two alternative search powers that might be appropriately exercised immediately upon arrest or detention, what are these ?

A
  • A rubdown search (S. 85-87)

- A Warrantless search

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6
Q

S and S Act 2012

When may you search a person under Section 11 (Police Custody) ?

A

May search a person who has been taken into lawful custody and is;
- At a Police Station, OR

  • in other premises, or placed in vehicle being used for Police purposes, AND is to be “locked up”

This power may be exercised BEFORE person locked up.

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7
Q

S and S Act 2012

When can you search a person AFTER they have been “locked up” ? ( S. 11(3) )

A

Can ONLY be searched if:
- were not searched before being locked up; OR
Since search, they have been in close proximity to:
- Person who was not locked up in Police Custody (other than Police etc.); OR
- Another eligible person who was not searched after being locked up; OR
- RG to believe has possession of anything that may be used to harm themselves

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8
Q

S and S Act 2012

What are the grounds for applying for search warrant ?

A

If RG;

  • to “suspect” offence punishable by imprisonment, (has, is, will be committed) AND
  • to “believe “ search will find evidential material of the offence … in a place, vehicle or other thing
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9
Q

S and S Act 2012

When are Oral Applications allowed for a Search Warrant ?

A

If Issuing Officer satisfied that;

  • written Application would result in delay and compromise search: AND
  • question whether warrant be issued, can be determined on basis of oral communication: AND
  • all information, that is required for written application, is supplied to Issuing Officer
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10
Q

S and S Act 2012
Back capturing oral applications
The outcome of a search warrant made on an oral application must be recorded in online S and S system … when ?

A

As soon as practicable … and in any event, within 24 hours in the online search and surveillance system

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11
Q

S and S Act 2012
When may an Issuing Officer allow Applications for a Search Warrant, without a personal appearance or Oral communication?

A

If Issuing Officer satisfied that;

  • Question whether warrant should be issued can properly be determined on basis of a written communication: AND
  • Information required for application has been supplied to Issuing Officer; AND
  • No need to ask questions or seek further information from applicant
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12
Q

S and S Act 2012
Revealing of CHIS or Informant identity … Issuing Officers must not require you to disclose identities UNLESS … what ?

A

Information is necessary for them to assess:

  • the credibility of informant, AND/OR
  • there is proper basis for issuing warrant
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13
Q

S and S Act 2012
You may only use the Powers under S. 117, (to enter and search place, vehicle, thing and secure item(s), if you “believe” CADD … and are waiting on decision for SW to be granted/refused) … until the first of the following occurs … ?

A
  • expiry of six hours
  • warrant granted
  • warrant refused
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14
Q

S and S Act 2012
S and S Act regulates only surveillance activities with devices.
Surveillance not involving use of Device is not governed by Act (observing, spectacles, contact lenses and hearing aids).
This means that surveillance … ?

A
  • Without Device cannot be authorised by warrant
  • Unlawful if involves trespass
  • Lawful and without restriction for any purpose, if does not involve trespass and is reasonable (includes general intelligence gathering)
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15
Q

S and S Act 2012

The Act regulates use of three types of devices … what are they ?

A
  • Interception Device
  • Tracking Device
  • Visual Surveillance Device
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