Definitions Flashcards
Reasonable Grounds to Suspect (RGTS) means
Having a sound basis for suspecting that a situation or circumstance exists.
Eg. Reasonable Grounds to Suspect offence committed.
Reasonable Grounds to Believe (RGTB) means
Having a sound basis for believing that a situation or circumstance exists.
Eg. Reasonable Grounds to Believe evidential material is obtainable.
A lawful search means….
- With a Search Warrant, or
- Under a Warrantless Search Power, or
- With the persons consent
A reasonable search means….
- Complies with Section 21 of the New Zealand Bill of Rights Act
- The nature of the search
- How intrusive the search is
- Where and when the search takes place
Practicable in the circumstances
If practicable then you should apply for a search warrant. If a search warrant isn’t practicable in the circumstances consider…
- Is there time to gain approval and apply for a search warrant.
- Can the scene be secured (Section 117).
- Are reasonable resources available to minimise risk and ensure safety.
- Is evidential material at risk.
- Location of the search and who may be present.
“Tangible”
Something that may be touched
“Intangible”
Something unable to be touched.
Eg. Email, bank accounts, txt messages
“CADD”
- Concealed
- Altered
- Damaged
- Destroyed
“Privileged material”
Privilege allows the holders of particular information to refuse to disclose this information. No privilege applies if the information is made, received, compiled and prepared for a dishonest purpose or to aid in committing an offence.
Privileged material includes:
- Legal advisors
- Ministers of religion
- Medical practitioners
- Clinical psychologists
- Informers
- Joirnalists
“Vulnerable people”
F
“Curtilage”
A legal term used to define the land immediately surrounding a house or dwelling. Where one could have a reasonable expectation of privacy.
“Evidential Material”
Material that may be used as evidence to prove an offence
