SASA 2012 Flashcards
(24 cards)
📍 What is ‘curtilage’?
The immediate area surrounding a house where private activity occurs (e.g., yard, garage).
🧠 Hook: ‘Curtilage = Castle’s yard 🏡’
🎥 What is a surveillance device?
Any device used for intercepting communication, tracking, or visual observation.
🧠 Hook: ‘Spy triad: hear 👂, track 📍, see 👀’
🎧 What is an interception device?
A device used to intercept private communication (e.g., hidden mic, bug).
🧠 Hook: ‘Catch the chat 📞🎤’
📡 What is a tracking device?
A device that finds or follows location/movement of a person or object.
🧠 Hook: ‘Locate like a GPS 🚗📍’
👁 What is a visual surveillance device (s3(1))?
An electronic/mechanical device used to observe/record private activity (excludes glasses/lenses).
🧠 Hook: ‘Not your specs – it’s spy tech 👀📹’
📋 When is a surveillance device warrant (SDW) required (s46)?
When using interception, tracking or visual devices on private premises or curtilage >3 hrs/24 hrs or >8 hrs total.
🧠 Hook: ‘3 in 24 or 8 all – get the Judge’s call 📜🧑⚖️’
⏱ What does section 46(1)(e) say?
If visual surveillance in curtilage >3 hrs/24 hrs or >8 hrs total, warrant needed.
🧠 Hook: ‘Too long = warrant song ⏳📑’
⚡ What does ‘impractical’ mean in section 48?
If delay in getting warrant risks safety or evidence loss, surveillance may occur for 48 hrs max.
🧠 Hook: ‘No time? Legal climb for 48hrs 🕒🔌’
📦 Section 112 – Items of uncertain status
You may remove items for analysis if you’re unsure whether they can be lawfully seized.
🧠 Hook: ‘112 = unsure, take and explore 📤🕵️’
👁🗨 Section 123 – Items in plain view
If a person is lawfully in a place (e.g. under a warrant or valid warrantless power) and sees an item in plain view, they may seize it if they have reasonable grounds to believe (RGTB) that:
It is evidential material relating to any offence, and
They could have obtained a search warrant for it.
🧠 Memory hook:
“123 – See it? Seize it. If it’s in plain sight and you’ve got the right.” 👁️📦
🏠 Section 15 – Search place (warrantless)
RGTS 14+ yr offence + RGTB evidence in place + delay risks loss.
🧠 Hook: ‘15 = place + pace 🚪🔥’
🧍 Section 16 – Search person in place
A constable may search a person in a public place without a warrant if they have reasonable grounds to believe (RGTB) the person has evidential material relating to an offence punishable by imprisonment for 14 years or more.
🧠 Memory hook:
“16 = Serious in public + proof in pocket 🕵️♀️”
🚗 Section 17 – Search vehicle (warrantless)
RGTB vehicle in public place holds evidence of 14+ yr offence.
🧠 Hook: ‘17 = drive-by evidence 🎯🚘’
🔒 Section 117 – Secure for warrant
Can secure place/vehicle for up to 6 hrs while waiting for a warrant.
🧠 Hook: ‘117 = hold the scene until clean 🕕🔐’
🚧 Section 116 – Secure during search
Secure area and exclude persons obstructing lawful search.
🧠 Hook: ‘116 = secure the scene 🛑🔎’
What does Section 118 of the Search and Surveillance Act 2012 (NZ) allow during a lawful search?
During a lawful search of a place or vehicle, a constable may detain any person who is:
At the scene when the search begins, or
Arrives or tries to enter during the search,
to determine whether they are connected to the object of the search.
Reasonable force may be used.
🧠 Memory hook:
“118 = Hold still while we check the link 🔗🚓”
🚘 Section 9 – Stop vehicle
A constable may stop a vehicle without a warrant if they are using a statutory warrantless search power and are satisfied that the grounds to search exist.
🧠 Memory Hook: “121/1 = Stop with cause, no paper pause 🛑🚘”
🚓 Section 121(1) – Stop vehicle to search
A constable may stop a vehicle without a warrant if they are using a statutory warrantless search power and are satisfied that the grounds to search exist.
🧠 Memory Hook: “121/1 = Stop with cause, no paper pause 🛑🚘”
🔍 Section 121(2) – Search stopped vehicle
A constable may stop a vehicle with a warrant if they are satisfied that:
The search warrant has been issued and is still in force, and
The vehicle is subject to that warrant.
🧠 Memory Hook: “121/2 = Warrant true? Then stop it too 🚓📜”
👮 Section 7 – Entry to arrest
A constable may enter and search a place or vehicle without a warrant if they:
Reasonably suspect that a person is unlawfully at large, and
Believe that the person is in that place or vehicle.
🧠 Memory Hook:
“7 = Break in for the breakout 👣🚔”
🚪 Section 8 – Entry to prevent escape/evidence loss
✅ Enter a place or vehicle without a warrant to search for and arrest someone the constable:
Reasonably suspects has committed an imprisonable offence, and
Believes the person is in that place or vehicle, and
Believes that:
The person will flee to avoid arrest, or
Evidential material relating to the offence may be concealed, altered, damaged, or destroyed (CADD).
📌 Important: This section does not allow the officer to search for the evidence — only to locate and arrest the person
📂 Section 83
A constable may enter a place without a warrant if:
A person has been arrested, and
There are reasonable grounds to believe (RGTB) that evidential material relating to the offence is at that place, and
There are RGTB that if entry is delayed to obtain a warrant, the evidential material may be concealed, altered, damaged, or destroyed (CADD).
🔑 This applies even if the place is not where the arrest occurred.
🧠 Memory Hook:
“83 = Entry after cuffs, before stuff gets stuffed 🔒📦”
🔦 Section 84 – Search place after arrest
You may enter and search a vehicle without a warrant if:
A person has been arrested, and
You reasonably believe that evidential material relating to the offence for which they were arrested is in or on the vehicleDDC BIBLE.
🧠 Memory Hook:
“84 = Post-arrest car check 🚓🔍”
✍️ Section 88 – Search with consent
You may search a person who has been arrested or detained without a warrant if you:
Reasonably believe they are carrying:
Evidential material relating to the offence for which they were arrested or detained, or
Anything that could harm a person, or
Anything that could facilitate their escapeDDC BIBLE.
🧠 Memory Hook:
“88 = Grab it before they stab it or stash it 🧍♂️🔍”
