S & S 2012

Question 1

Define RGTB.

Answer 1

Having sound basis for BELIEVING a situation or circumstances ACTUALLY exist. (You’d be surprised if it wasn’t so).

Question 2

Define RGTS.

Answer 2

Having a sound basis for SUSPECTING a situation or circumstances is/are LIKELY to exist.

Question 3

Explain Unlawfully at Large (UAL). (5)

Answer 3

Relates to a person who;
+ has an arrest warrant (2W) excluding fines 2T
+ a ‘prison breaker’ escaped lawful custody
- includes Police cells or vehicle (escapee)
+ special or restricted patient MHA 1992
+ special care recipient (Intellectual Disability)
+ CYP under s 311 - absconding from Chief Exec.

Question 4

List the elements of the ‘Search Hierarchy’.

Answer 4

1) Warrant search
2) Warrantless search power
3) Consent search

Question 5

What is ‘Inevitable Discovery’?

Answer 5

IF evidence obtained as a result of a breach of NZ BOR would have been located anyway (even if there was no breach). Subject to s30 Evidence Act ‘balancing test’

Question 6

What is s7 of the S&S 2012?

Answer 6

Entry to arrest a person who is UAL or has committed an imprisonable offence. RGTB in / on vehicle / place

Question 7

What is s8 of the S&S 2012?

Answer 7

Entry to avoid loss of offender or Evidential Material (EM).
RGTB offender will leave to avoid arrest or EM will be CADD.

Question 8

What is s14 of the S&S 2012?

Answer 8

Entry to prevent an offence or respond to risk of life and safety.

Question 9

Under s14 S&S, does an offence have to be occurring?

Answer 9

+ is being OR

+ is about to be committed

Question 10

Under s14 S&S, what offences qualify for entry?

Answer 10

An offence that would likely cause;
+ injury to ANY person, OR
+ serious loss or damage to any property

Question 11

What is s15 of the S&S 2012?

Answer 11

Entry and Search of a Place to find AND avoid loss of EM.
+ RGTS an offence with 14 years prison,
+ has been, is being, or is about to be committed
+ RGTB EM in place and CADD may occur

Question 12

What is s16 of the S&S 2012?

Answer 12

Searching a person in a Public Place
IF …
+ RGTB person has EM relating to offence (14 years prison).

Question 13

What is s17 of the S&S 2012?

Answer 13

Entry and search a vehicle in a public place
IF …
+ RGTB EM is in or on the vehicle
+ relates to offence with 14 years prison

Question 14

What is s18 of the S&S 2012?

Answer 14

Entry and search of place or vehicle to search and seize any firearm/s and/or firearms licence
IF…
+ RGTS an offence has, is, or is about to be committed.

Question 15

What is s28 of the S&S 2012?

Answer 15

Entry and search of a vehicle where a person is committing an offence in a Public place - OFFENSIVE WEAPONS / DISABLING SUBSTANCE

Question 16

Define Disabling Substance?

Answer 16

Any anaesthetising or other substance produced to use for disabling a person or intended for such use.

Question 17

Define Offensive Weapon?

Answer 17

Any article made or altered to use for causing bodily injury or intended for such use.

Question 18

What is s29 of the S&S 2012?

Answer 18

Entry and search of a vehicle to look for stolen property
IF…
+ RGTB any stolen property is in or on the vehicle.
+ (intended for public place)

Question 19

What is s83 of the S&S 2012?

Answer 19

Entry and search of a property AFTER arrest
IF …
+ RGTB EM is at the place AND
+ RGTB EM will be CADD if delay (including warrant)

Question 20

What is s84 of the S&S 2012?

Answer 20

Entry and search a vehicle AFTER arrest
IF…
+ RGTB EM relating to an offence the person was arrested is in or on the vehicle.

Question 21

Can a consent search be used as a ‘fishing expedition’?

Answer 21

NO, you must have a reason to justify asking the person to a consent search.

Question 22

What MUST you inform a person before commencing a consent search?

Answer 22

You MUST advise the person the reason for the search and that they can REFUSE consent or WITHDRAW at any time.

Question 23

Who can consent to a ‘consent search’?

Answer 23

People 14+ can consent to a consent search.

Question 24

When can a person under 14 years consent to a consent search?

Answer 24

When the person is found driving a vehicle and there is no passenger 14 years or older with authority to consent.

Question 25

List 4 reasons a consent search may be undertaken. s92.

Answer 25

+ to prevent an offence + to protect life or property or prevent injury or harm + to investigate if an offence has occurred + any purpose where a power of search could be used

Question 26

When is a consent search unlawful?

Answer 26

A consent search is unlawful IF... + it is not for a purpose set out in s92 (4 reasons) + you FAIL to give required advice - refuse, withdraw + a search is undertaken where the person does not have the 'authority' to give consent.

Question 27

What is implied licence?

Answer 27

Implied Licence is where members of the public (and Police) can enter a private place to... + make an inquiry of the occupier + for any REASONABLE purpose + for any lawful enquiry

Question 28

For how long can you secure a scene in order to get a warrant application to search?

Answer 28

+ the expiry of 6 hours from when first involved OR + the warrant is available + the warrant is refused

Question 29

What is R.A.N?

Answer 29

Reason for Search Act - S&S 2012 Name of Constable UNLESS impractical

Question 30

What is R.A.I.N?

Answer 30

``` Reason Act Intention to enter Name of Constable UNLESS impractical ```

Question 31

What are exceptions to announcing entry to a place or vehicle?

Answer 31

If you have RGTB ... + no person is lawfully present + it would endanger the safety of any person + prejudice the successful exercise of entry and search + prejudice on-going situations

Question 32

If a person affected by the search requests to know what is happening, and why, what MUST you do?

Answer 32

RAN UNLESS impractical.

Question 33

If searching a place or vehicle and a person arrives, when can you search them?

Answer 33

If you have RGTB the person either, + has EM subject of the search on them OR + they are in possession of a 'dangerous item'.

Question 34

What MUST be given to a lawful occupier who is present when a warrant and search is conducted?

Answer 34

+ Copy of the warrant OR | + IF warrantless - notice to the person present - POL1275

Question 35

What MUST happen when searches are completed and the lawful occupier is not present?

Answer 35

+ Copy of the warrant OR + IF warrantless - notice in a prominent place

Question 36

IF search results in seizure of property, when must you provide an itinerary?

Answer 36

``` No later than 7 days after the seizure. INCLUDES + Warrant + Itinerary - POL268's + notice to persons - POL1275 ```