General 5 - Search And Surveillance Act 2012 Flashcards
Section 20 - Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds—
(a) to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is—
(i) a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or
(ii) a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or
(iii) a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or
(iv) a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and
(b) to suspect that in or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and
(c) to believe that, if the entry and search is not carried out immediately, evidential material relating to the
Section 21 - Warrantless searches of people found in or on places or vehicles
A constable conducting a search of a place or vehicle under section 20 may, without a warrant, search any person found in or on the place or vehicle.
Section 22 - Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
(1) A constable may, in the circumstances set out in subsection (2), search a person without a warrant.
(2) The circumstances are that the constable has reasonable grounds—
(a) to believe that the person is in possession of—
(i) a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or
(ii) a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or
(iii) a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or
(iv) a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and
(b) to suspect that an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.
(3) This section does not—
(a) limit section 20 or 21; or
(b) authorise a constable to enter or search
Section 27 - Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected
(Possession of offensive weapons or disabling substance)
A constable who has reasonable grounds to suspect that a person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances) may, without a warrant, search the person.
Section 28 - Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected
(1) A constable who has reasonable grounds to suspect that the circumstances in subsection (2) exist in relation to a vehicle may search the vehicle.
(2) The circumstances are that—
(a) a person travelling in the vehicle or who has alighted from it is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances); and
(b) the vehicle contains a knife, offensive weapon, or disabling substance.
Section 30 - Obtaining authorisation for warrantless road block
(1) A senior constable may authorise the establishment of a road block for the purpose of arresting a person in the circumstances set out in subsection (2).
(2) The circumstances are that the senior constable—
(a) has reasonable grounds to believe that in or on a vehicle there is a person who the constable has reasonable grounds to suspect—
(i) has committed an offence punishable by a term of imprisonment; or
(ii) is unlawfully at large; and
(b) has reasonable grounds to suspect that the vehicle will travel past the place where it is proposed that the road block be established; and
(c) is satisfied that, as far as is reasonably practicable, the safety of all road users will be ensured in the area in which it is proposed that the road block be established.
(3) An authorisation may be granted under this section orally or in writing.
(4) In this section, senior constable means a constable who holds a level of position of sergeant or higher, and includes any constable who is acting in any such rank.
Section 32 - Authorised road blocks implemented without warrant
Any constable may do any or all of the following when a road block is authorised under section 30:
(a) establish a road block at the place specified in the authorisation:
(b) stop vehicles at or in the vicinity of the road block:
(c) require any person in or on any vehicle stopped by the road block who the constable has reasonable grounds to suspect has committed an offence punishable by imprisonment to state any or all of his or her name, address, and date of birth:
(d) search the vehicle for the purpose of locating a person referred to in section 30(2)(a)(i) or (ii), if the constable or any other constable has reasonable grounds to believe that the person is in or on the vehicle.
Section 110 - Search powers
Every search power authorises the person exercising it—
(a) to enter and search the place, vehicle, or other thing that the person is authorised to enter and search, and any item or items found in that place or vehicle or thing, at any time that is reasonable:
(b) to request any person to assist with the entry and search (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi):
(c) to use any force in respect of any property that is reasonable for the purposes of carrying out the search and any lawful seizure:
(d) to seize anything that is the subject of the search or anything else that may be lawfully seized:
(e) to bring and use in or on the place, vehicle, or other thing searched any equipment, to use any equipment found on the place, vehicle, or other thing, and to extract any electricity from the place, vehicle, or other thing to operate the equipment that it is reasonable to use in the circumstances, for the purposes of carrying out the entry and search:
(f) to bring and use in or on the place, vehicle, or other thing searched a dog (being a dog that is trained to undertake searching for law enforcement purposes and that is under the control of its usual handler):
(g) to copy any document, or part of a document, that may lawfully be seized:
(h) to use any reasonable measures to access a computer system or other data storage device located (in whole or in part) at the place, vehicle, or other thing if any intangible material that is the subject of the search may be in that computer system or other device:
(i) if any intangible material accessed under paragraph (h) is the subject of the search or may otherwise be lawfully seized, to copy that material (including by means of previewing, cloning, or other forensic methods either before or after removal for examination):
(j) to take photographs, sound and video recordings, and drawings of the place, vehicle, or other thing searched, and of any thing found in or on that place, vehicle, or other thing, if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings or drawings may be relevant to the purposes of the entry and search.
Section 116 - Securing place, vehicle, or other thing to be searched
(1) The person carrying out a search may, in a manner and for a duration that is reasonable for the purposes of carrying out the search,
(a) secure the place, vehicle, or other thing searched, any area in or on that place, vehicle, or other thing, or any thing found in or on that place, vehicle, or other thing:
(b) exclude any person from the place, vehicle, or other thing searched, or from any area within the place, vehicle, or other thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of any power under this subsection.
(2) A person who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,—
(a) identify himself or herself either by name or by unique identifier; and
(b) state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c) if not in Police uniform, produce evidence of his or her identity.
Section 118 - Powers of detention incidental to powers to search places and vehicles
(1) If any constable or other person, or a person assisting any constable or other person, exercises a search power in relation to a place or vehicle, that constable or other person may, for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search, detain any
person—
(a) who is at the place or in or on the vehicle at the commencement of the search; or
(b) who arrives at the place or stops at, or enters, or tries to enter, the vehicle while the search is being carried out.
(2) A person may be detained under subsection (1) for any period that is reasonable, but not for longer than the duration of the search.
(3) A detention of any person commences under subsection (1) when the constable or other person exercising the search power directs that person to remain at the place or in or on the vehicle and ends when that person is told by the constable or other person, or a person assisting the constable or other person, exercising the search power that he or she is free to leave the place or vehicle.
(4) Reasonable force may be used for the purpose of effecting and continuing any detention under subsection (1).
(5) For the purposes of subsection (1), other person means a person to whom section 115(2) applies.
Section 121 - Stopping vehicles with or without warrant for purposes of search
(1) An enforcement officer may stop a vehicle to conduct a search under a power to search without a warrant conferred on that officer by this Act or any enactment specified in column 2 of the Schedule to which this section applies if he or she is satisfied that he or she has grounds to search the vehicle.
(2) An enforcement officer may stop a vehicle to conduct a search under a power to search with a warrant issued under this Act or any enactment specified in column 2 of the Schedule to which this section applies if he or she is satisfied that the warrant has been issued and is in force.
(3) A person who exercises a power under this section must, on the request of any person affected by the exercise of the power,—
(a) identify himself or herself either by name or by unique identifier; and
(b) state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c) if not in Police uniform, produce evidence of his or her identity.
Section 125 - Special rules about searching persons
(1) If a person exercises a power to search a person, the person exercising the power—
(a) must identify himself or herself either by name or unique identifier; and
(b) must state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c) if not in Police uniform, must produce evidence of his or her identity; and
(d) may detain the person to enable the search to be carried out (whether at the place of initial detention or while the person is travelling to or is at any other place where the search is carried out), but only for as long as is necessary to achieve that purpose; and
(e) may use any force that is reasonable for the purposes of the search; and
(f) may, in conducting the search, use any equipment or aid to facilitate the search, if it is used in a way that—
(i) involves no or minimal contact; and
(ii) is reasonable in the circumstances;
Section 127 - Search warrants to enter and search vehicles
If a search warrant is issued authorising the entry and search of a vehicle, the person executing the warrant may enter any place where the person has reasonable grounds to believe that the vehicle is for the purpose of locating it and searching it.
Section 129 - Duty to provide information
If an enforcement officer exercises a power to stop a vehicle, he or she must, immediately after stopping the vehicle,—
(a) identify himself or herself to the driver of the vehicle, either by name or unique identifier; and
(b) state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c) if not in Police uniform, produce evidence of his or her identity if the driver requests proof of identity.
Section 131 - Identification and notice requirements for person exercising search power (other than remote access search)
(subsection 1 only)
(1) A person exercising a search power (other than a remote access search) must,—
(a) before initial entry into or onto the place or vehicle or other thing to be searched,—
(i) announce his or her intention to enter and search the place, vehicle, or other thing under a statutory power; and
(ii) identify himself or herself either by name or by unique identifier; and
(iii) if not in Police uniform, produce evidence of his or her identity; and
(b) before or on initial entry into or onto the place or vehicle, or other thing to be searched, provide the occupier of the place or the person in charge of the vehicle or other thing with—
(i) a copy of the search warrant; or
(ii) if the power is exercised without a warrant, the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances.
