Search and Surveillance Flashcards
(82 cards)
1
Q
Section 7 S&S - Entry without warrant to arrest person unlawfully at large
A
Enter and search any place or vehicle for person
- RGTS Person Unlawfully at large
- RGTB Person is there
2
Q
Section 8 S&S - Entry without warrant to avoid loss of offender or evidential material
A
Enter and search any place or vehicle for person
- RGTS person has committed an imprisonable offence.
- RGTB the person is there and CADD or fleeing will occur.
3
Q
Section 9 S&S - Stopping vehicle to find persons unlawfully at large or who have committed certain offences
A
Stop a vehicle
- RGTS person Unlawfully at large or Imprisonable offence
- RGTB person in the vehicle
4
Q
Section 10 S&S - Powers and duties of constable after vehicle stopped
A
Powers after vehicle stopped under section 9
- Require person w/ RGTS to supply details
- Search vehicle to locate RGTS person
5
Q
Section 15 S&S - Entry without warrant to find and avoid loss of evidential material relating to certain offences
A
Enter and search a place for evidential material
- RGTS 14+ year offence, has, is, or will be committed
- RGTB EM material will be CADD if delayed
- Allows search of a vehicle in that place
6
Q
Section 16 S&S - Searching people in public place without warrant for evidential material relating to certain offences
A
Search a person in a Public Place
- RGTB possession of Evidential Material relating to a 14+ year offence.
7
Q
Section 17 S&S - Warrantless entry and search of vehicle for evidential material relating to certain offences
A
Search a vehicle in a public place
- RGTB Evidential Material relating to a 14+ year offence is inside the vehicle.
8
Q
S19 S&S - Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants
A
A constable may search any person found in or on a place or vehicle, in relation to which a search warrant is issued under section 6, if the offence that was specified in the application for the search warrant is an offence against the Misuse of Drugs Act 1975.
9
Q
Section 18 S&S - Warrantless searches associated with arms
A
RGTS is carrying, possesses, or has arms under their control and;
(a) Has Breach of the Arms Act 1983
(b) Due to any Physical or Mental condition, is incapable of having proper control or may kill or cause bodily injury to someone.
(c) PSO or Protection order in place.
May Search person / place / vehicle / anything under their control.
Enter place or vehicle
Seize and detail arms and arms license.
10
Q
Section 20 S&S - Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
A
Search of Place / Vehicle
- RGTB controlled drugs, Schedule 1 & Part 1 Schedule 2 & 3 MODA. and not practical to obtain a Search Warrant.
- RGTS offence against MODA 75 and CADD will occur
11
Q
Section 21 S&S - Warrantless searches of people found in or on places or vehicles
A
May search any person in place/vehicle you are searching under Section 20 S&S
12
Q
Section 22 S&S - Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
A
Search a person
- RGTB controlled drugs, Schedule 1, Part 1 Schedule 2 & 3 MODA.
- RGTS offence against MODA 75 and CADD will occur
13
Q
Section 27 S&S - Offencive Weapons, etc (person)
A
Search person in a public place if:
- RGTS offence against 202A(4)(a) - Possession of knives, offensive weapons, disabling substances.
14
Q
Section 28 S&S - Offencive Weapons, etc (vehicle)
A
Search a vehicle in a Public Place if:
- RGTS offence against 202A(4)(a) - Possession of knives, offensive weapons, disabling substances.
15
Q
Section 83 Search and Surveillance Act 2012
A
Entry without a warrant after arrest
- Enter and search of a place after arrest if RGTB Evidential Material relating to the offence is at a place and CADD will occur if delayed.
16
Q
Section 84 Search and Surveillance Act 2012
A
Search Vehicle without a warrant after arrest if RGTB Evidential Material relating to the offence is in the vehicle.
17
Q
Section 112 Search and Surveillance Act 2012
A
Items of uncertain status may be seized for examination or analysis when there is uncertainty if they are Evidential Material.
18
Q
Section 117 Search and Surveillance Act 2012
A
If a search warrant application is about to be made or has been made and you are waiting to hear if it has been authorised and,
you have RGTB that evidential material may be CADD or removed before the search warrant can be issued, you may:
- enter and secure a place, vehicle or other thing, and
- secure any item found there, and
- direct any person to assist with entry and securing the place or vehicle or securing items in it.
The powers conferred by section 117(1) may be exercised until the first of the following occurs:
(a) the expiry of 6 hours from when the power is first exercised.
(b) the warrant is available for execution at that place or vehicle or in respect of that other thing.
(c) the application for a search warrant is refused.
19
Q
Section 121 Search and Surveillance Act 2012
A
121 gives you the power to stop a vehicle if grounds to search the vehicle exist under a warrantless power or a search warrant has been issued for the vehicle.
20
Q
Section 123 Search and Surveillance Act 2012
A
Lawfully in any place or conducting any lawful search, RGTB that you could seize the item located under a warrant or any other enactment. Needs to relate to an offence.
21
Q
Section 45 S&S - Limitations on use of an interception device
A
A surveillance device power will only be authorised for use regarding an interception device for gathering evidential material for:
- Offences punishable by 7 or more years imprisonment
- Identified Arms Act Offences
- Idenfitied psychoactive Substances offences.
22
Q
Section 46 Search and Surveillance Act 2012 - Activities for Which a Surveillance Devie Warrant is Required
A
Activities for Which a Surveillance Devie Warrant is Required.
(a) Use of an interception device to intercept private communications.
(b) use of a tracking device (apart from tamper tracking)
(c) Observation/recording of a private premise using a visual surveillance device.
(d) Use of surveillance device involving trespass
(e) Observation and recordings of curtilage for more than 3 hours in 24 hour period or more than 8 hours in total.
23
Q
Section 47 S&S - What is voluntary oral communication
A
- When there lawfully you can record what you see and hear in a private premises without the use of a surveillance device.
- Can conduct an audio recording of a voluntary oral communication between 2 or more people with the consent of at least one of them.
24
Q
Section 48 S&S - Situations of emergency or urgency
A
Warrantless use of surveillance device for a period not exceeding 48 hours if:
- You are entitled to apply for a surveillance device warrant due to serious criminal activity.
- It is not immediately practicable to obtain the warrant due to the circumstances.
You believe one of the following, has been, will be or is being committed:
- RGTS 14+ year offence and RGTB EM will be obtainable.
- You have RGTS S14 Risk to life / serious harm and RGTB use of the device will prevent the harm.
- RGTS Arms specified arms offences ( Cat 3 or 4, mental /physical state, PSO / PO) & RBTB necessary to seize arms.
- RGTS specified offences against MODA & RGTB EM will be obtainable.
In situations of emergency or urgency, the use of surveillance devices must not exceed 48 hours.
25
Under the Search and Surveillance Act a *lawful* search is a search that is conducted....?
List three methods of lawfully searching
* with a search warrant, or
* under a warrantless search power, or
* with the person’s consent
26
What is a reasonable search and what three considerations can be made?
A search that complies with section 21 of the New Zealand Bill of Rights Act which protects against unreasonable search and seizure.
Factors to consider:
* the nature of the search
* how intrusive the search is
* where and when the search takes place.
27
List some considerations when deciding if it is practicable to obtain a search warrant
When you are thinking about what is practicable consider questions such as:
* is there time to gain approval and apply for a search warrant
* can the scene be secured (under section 117)
* are reasonable resources (including number of staff) available to minimize risk and ensure safety
* is the evidential material at risk
* location of the search and who may be present
28
What are the benefits of using a search warrant over warrantless powers?
1. Ensures judicial oversight
2. Provides greater protection for Police and the public
3. Requires recording and reporting of results
The process of obtaining a warrant provides a series of checks and balances to protect both the Police and the public.
29
List the reasons you may search by consent
Before conducting a search by consent, you must determine that the search is for one of the following reasons:
* to prevent the commission of an offence
* to investigate whether an offence has been committed
* to protect life or property
* to prevent injury or harm
30
What are your obligations under Section 131 S&S Act?
Your obligations cover identification, intention, reason and notice requirements whereby before initial entry you must:
* identify yourself by name or by unique identifier (QID)
* announce your intention to enter and search
* state the name of the Act
* give notice by providing a copy of the search warrant or POL1275
31
When do you not have to comply with the Section 131 requirements on initial entry?
If you have RGTB this would:
* endanger any person’s safety
* prejudice the successful use of the entry and search power
* prejudice on-going investigations
Or if you have RGTB no one is present.
32
What does section 110 S&S Act authorise you do to?
* enter and search the place, vehicle or other thing, that you are authorised to enter and search
* search any item or items found in that place, vehicle or thing (if reasonable)
* use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure
* seize anything that is the subject of the search or anything else that may be lawfully seized
* request assistance with entry and search
* bring and use any equipment found on the place, vehicle or other thing
* bring and use a trained law enforcement dog and its handler
* copy any document, or part of a document, that may be lawfully seized
* access a computer system or other data storage device
* copy intangible material e.g. computer data
* take photographs, sound and video recordings and drawings
33
Special rules for searching people Section 125 S&S
If a person exercises a power to search a person, the person exercising the power:
* must identify himself or herself either by name or unique identifier. If not in Police uniform, must produce evidence of his or her identity.
* 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.
* May detain the person to enable the search to be carried out.
* May use any force that is reasonable for the purposes of the search.
* May, in conducting the search, use any equipment or aid to facilitate the search.
* May request the assistance of a medical practitioner, nurse, parent or guardian
* May search any item that the person is wearing or carrying or they have under their immediate control.
* May seize any thing carried by the person or in the physical possession or immediate control
* May copy any document, or part of a document
* May use any reasonable measures to access a computer system or other data storage device,
* May copy material
* May take photographs, sound and video recordings, and drawings of any thing carried.
34
Any search you undertake must be conducted with what?
Any search you undertake must be conducted with decency and sensitivity. It must also be conducted in a manner that affords to the person being searched the degree of privacy and dignity that is consistent with achieving the purpose of the search.
35
Recognised privileged material includes material gained through communication with who?
What do you do if your search involves privileged material?
* legal advisers
* ministers of religion
* medical practitioners
* clinical psychologists
* informers (informants)
* journalists
You must:
* Ensure that the person or their representative is present when the search is done.
* Give the person a reasonable opportunity to claim privilege - they must, as soon as practicable provide a list of things they claim are privileged.
* Secure the item but do not continue to search, examine or investigate it.
36
When will a Search Warrant be authorised?
When the Issuing Officer is satisfied that there is RGTS an imprisonable offence has been, will be or is about to be committed and,
They have RGTB that the search will find evidential material in respect of that offence in the place, vehicle or other thing.
37
What do you do if a search warrant is refused?
* Record reasons for refusal.
* Consider the issues raised by the Issuing Officer
* Redraft the application addressing the issues.
* Re-submit to same Issuing Officer.
If the issues cannot be addresses:
* make further enquires to support the application
* Consider whether to proceed without the search
* If it doesn't seem justified submit a report to Legal Services for direction.
38
When is a Search Warrant deemed executed?
A Search Warrant is deemed to be executed when:
* the evidential material named in the warrant has been seized or,
* Staff executing the warrant leave the place, vehicle or other thing and do not return within 4 hours.
39
Define Evidential Material
Evidential material, in relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.
40
Define Production Order
Production orders are orders made under section 74 of the Search and Surveillance Act 2012 requiring a person or organisation (such as a business) to produce documents to enforcement agencies as evidential material of a specified offence.
41
Define Surveillance Device
A surveillance device is a device which assists and enhances your normal capabilities to carry out the surveillance.
A surveillance device may be any one or more of the following kinds of device.
* a visual surveillance device
* an interception device
* a tracking device
42
Define Visual Surveillance Device
* Any electronic, mechanical, electro-magnetic, optical, electro-optical instrument, apparatus, equipment or other device that is used to observe, or to observe and record a private activity
* Does not include spectacles, contact lenses or a similar device used to correct subnormal vision of the user to no better than normal vision.
43
When is a Surveillance Device Warrant not required?
* In situations of emergency or urgency (although use of a surveillance device in these situations must still be reported in the on-line system); and
* For activities that do not require a warrant
44
Define Private Activity
Any activity that the participant ‘ought reasonably to expect’ is private. If it is carried out in private premises.
Examples of these places are:
* Places and land in private ownership
* Goods and chattels such as vehicles and other tangible belongings.
45
Define Private Communication
Means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication.
46
Define Curtilage
Means the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’.
It defines the boundary within which a homeowner can have a reasonable expectation of privacy and where ‘common daily activities’ take place.
47
How long can you observe private activity in the curtilage of private premises?
During a single investigation you must not exceed:
* 3 hours in any total 24-hour period; or
* 8 hours in total
48
Define Interception Device
Any electronic, mechanical, electro-magnetic, optical, electro-optical instrument, apparatus, equipment or other device used or capable of being used to intercept or record a private communication BUT does not include a hearing aid or similar device used to correct the subnormal hearing of the user to no better than normal hearing.
A surveillance device warrant will only be authorised for use of an interception device for gathering evidential material for:
* offences punishable by 7 or more years imprisonment
* identified Arms Act 1983 offences
* identified Psychoactive Substances Act 2013 offences
49
Define Tracking Device
Any device that may be used to help ascertain by electronic or other means either or both of the following;
* The location of a thing or person
* Whether a thing has been opened, tampered with, or in some other way dealt with but;
Does not include a vehicle or other means of transport, such as a boat or helicopter.
50
Define Voluntary Oral Communication
Voluntary oral communication is a communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded (section 47).
There is no requirement to obtain a surveillance device warrant to intercept and record a voluntary oral communication.
51
When can you use Surveillance without a warrant?
When there has been serious offending and,
you would be entitled to apply for a SDW but it is impactable in the circumstances.
and you believe that use of the surveillance device would obtain evidential material in relation to an offence:
* Offences punishable by 14 years imprisonment.
* Specified Arms Act 1983 offences (person incapable of having proper control of the arms due to physical or mental condition, or may kill or cause bodily injury to any person, OR PSO / PO.
* Specified drug offence; or
there is a situation which is:
* likely to cause injury or serious property loss / damage and surveillance is necessary to prevent offending from being committed or continuing
* presenting risk to life and safety and surveillance is necessary as an emergency response (section 14)
52
What is the purpose of the Search and Surveillance Act?
To facilitate the monitoring of compliance with the law and the investigation and prosecution off offences in a manner that is consistent with human rights values by:
* Ensuring investigative tools are effective and adequate for law enforcement needs.
* Modernising the law to take into account advances in technology
* Providing rules that recognise the importance of rights and entitlements.
53
How do Police comply with the purpose of the Search and Surveillance Act?
To meet the acts objects and obligations when carrying out searching Police will:
* Ensure it has lawful authority
* Conduct risk assessments when planning
* Only seize what Police are lawfully entitles to seize
* provide appropriate announcements and identification in the exercise of powers.
* Satisfy requirements detailed in the act.
54
What if a person refuses entry?
You may use reasonable force to enter if the person refuses entry within a reasonable time.
55
What is there is no one present at the place to be searched?
You may use reasonable force to enter if you have reasonable grounds to believe no one is present.
You must leave a copy of the Search Warrant or search notice and an inventory of any material seized.
This must be as soon as possible after the search and no later than 7 days.
56
What is section 116 S&S Act?
* Allows you to secure a place, vehicle or other thing to be searched and;
If you have RGTB any person will obstruct or hinder your ability to search you can:
* Exclude that person.
* Give any reasonable direction to that person
57
What is section 118 S&S Act?
You can detain people when searching places and vehicles for determining whether there is any connection between them and the object of the search.
58
What is section 119 S&S Act?
You can search people found when searching places and vehicles if you have:
* RTGB they are in possession of EM that is the object of the search or;
* RGTS that person is in possession of a dangerous items that posses a threat to safety.
59
What is section 120 S&S Act
If you are in a fresh pursuit and with RGTB that EM is on the person you have the power to:
* enter any place and to apprehend the person and;
* search the person or vehicle.
60
Who can be an Issuing Officer?
* District Court Judge
* Hight Court Judge
* Justice of the Peace
* Community Magistrate
* Registrar
* Deputy Registrar
61
Who may execute a search warrant?
A person who is directed or any constable.
62
How long is a search warrant valid?
* 14 days from the date of issue.
* No more than 30 days from the date of issues as specified when agreed upon by the issuing officer.
63
When can a search warrant be executed?
* At any time that is reasonable under the circumstances.
* At a restricted time required by the issuing officer.
64
How often can a search warrant be executed?
Once - unless more than one execution is applied for and agreed to by the issuing officer.
65
In preparing a search warrant execution plan you must?
* Review and re-assess the identified risks.
* Work with others to identify and consider risks.
* Plan how to manage and minimise risks.
* Determine how this will be communicated in the warrant briefing.
66
When can you postpone compliance with search notice obligations?
If providing notice would:
* Endanger the safety of any person or,
* prejudice an on-going investigation.
you may apply to a judge:
* At the time of the search warrant application or,
* Before 7 days has passed after the search.
A judge can only postpone these obligations for a maximum of 12 months.
67
What is GSMEAC?
* Ground - location, address, neighbors.
* Situation - reason for SW.
* Mission - Address, suspects, EM sought.
* Execution - timings, entry, roles, etc.
* Admin - travel, timing, recording EM.
* Command - radio, phone numbers etc.
68
The person in charge of a search warrant briefing should?
* Ensure all required staff are present.
* Use maps, charts, photos.
* Provide copies of important documents.
* Cover off roles and responsibilities.
69
Section 127 S&S
You may enter any place:
* to located a vehicle and execute a search warrant.
* If you have RGTB it is there.
70
What is the difference between a Search Warrant and Production Order?
A production order is less disruptive than executing a search warrant although it there may be compliance costs for the person or business.
71
What is the maximum duration of a Production Order
No more than 30 days.
72
Who must approve Production Orders to Media compainies?
Executive at PNHQ or District Commander.
73
Who may apply for a Production order?
Any enforcement officer may apply via an Issuing Officer.
74
What grounds must you have to apply for a Production Order?
*RGTS and offence has been, is being or will be committed (offence which you could apply for a search warrant).
* RGTB the documents sought are:
* Evidential material and;
*In the possession or control of the person against whom the order is sought.
75
What is the oral Production Order Application Process
Any issuing officer may allow a PO application to be given verbally if:
* Requiring a written application would ccompromise the effectiveness of the search and,
* The question of whether the order should be issued can be properly determined on the basis of an oral communication, and
* all information is presented to then.
If an application is allowed:
* the issuing officer must record the grounds for the application as soon as practicable.
* the applicant must complete the application form capturing the information convey to the issuing officer as soon as practicable within 24 hours.
76
When can hearsay evidence be used in a Production Order?
It may be used if the information is highly reliable. Indicate the reliability by stating:
* sufficient information to prove the reliability of what has been stated.
* The informants' reliability and if they have given reliable evidence in the past.
* Whether the information has been confirmed to be true.
77
Define Private Premises
Private premises means a private dwellinghouse, marae, any any other premises that are not within the definition of non-private premises.
78
Define non-private premises
Non-private premises means premises, or part of premises, to which members of public are frequently permitted to have access, and includes parts of a hospital, bus station, railways station airport or ships unless signage or barriers state otherwise.
79
Define trespass surveillance
Surveillance that involved trespass onto and or trespass to goods.
80
Define Interception
Intercept in relation to private communication includes to hear, listen, record, monitor, acquire or receive the communication either:
* When it is taking place, or
* While it is in transit
81
Who must approve the use of interception devices in emergency situations?
Approval must be obtained from a Detective Inspector unless:
* the immediacy of the situation does not allow for prior planning and approval from a Detective Inspector in consultation with Legal Services and;
* The statutory criteria are met; and
* An opportunity arises to obtain evidential material that would otherwise be lost if not taken at the time.
82
What are the reporting requirements for the use of emergency powers in situations of emergency/urgency?
When a warrantless surveillance power is exercised the enforcement officer must provide a notification to a judge within 1 month after the date of the last day of ay period of 48 hours or less over which the surveillance device was used.
