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CIB Modules > Search and Surveillance > Flashcards

Search and Surveillance Flashcards

1
Q

Lawful search

A

Under search warrant, warrantless power, or consent

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2
Q

Reasonable search

A

Complies with s21 BORA +
- Nature of search
- How intrusive search is
- Where and when the search takes place

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3
Q

Using a search warrant…

A
  • Provides judicial oversight
  • Provides greater protection for Police and public
  • Requires recording and reporting of results
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4
Q

Consent search for reasons…

A
  • 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
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5
Q

Before consent searching, advise…

A
  • The reason for the proposed search AND
  • They may consent or refuse to consent to the search
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6
Q

A person under 14… (consent searches)

A

Is unable to consent to the search of a place, vehicle, or other thing (UNLESS they are found driving with no passenger of or over 14 with authority to consent to the vehicle’s search)

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7
Q

Tangible

A

Something that may be touched

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8
Q

Intangible

A

Unable to be touched; not having physical presence

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9
Q

CADD

A

Concealed
Altered
Damaged
Destroyed

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10
Q

s131

A

Identification and notice requirements when searching places, vehicles, and other things (RAIN)

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11
Q

s125

A

The rules for searching people (RAN)

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12
Q

s110

A

Powers incidental to search

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13
Q

s169

A

Reporting

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14
Q

s116

A

Securing a place, vehicle or other thing to be searched and excluding any person from there

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15
Q

s118

A

Powers of detention incidental to search of places or vehicles

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16
Q

s119

A

Powers of search by a person who has a power of arrest

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17
Q

s121

A

Stopping vehicles for search (SW or warrantless)

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18
Q

s122

A

Moving vehicles for search/safekeeping

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19
Q

s123

A

Seizure of items in plain view

20
Q

s112

A

Items of uncertain status

21
Q

s19

A

Searching a person found in a place or vehicle being searched, if offence is against the MODA61 - RAN

22
Q

When you exercise a power to search a person, you may:

A
  • Detain the person to enable search
  • Use reasonable force
  • Search any item that the person is wearing, carrying or is in the person’s physical possession or immediate control
23
Q

s127

A

Search warrant for vehicles - may enter any place to locate the vehicle if RTGB vehicle present

24
Q

s74

A

Production orders

25
Q

PO for news media organisation

A

Must obtain approval from a Police Executive member in the case of PNHQ or a DC for a district matter.

26
Q

Private premises

A

A private dwellinghouse, a marae, and any other premises that are not within the definition of non-private premises.

27
Q

Non-private premises

A

Means premises, or part of a premises, to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport, or shop (some areas are private, eg consulting rooms, office areas, staff room).

28
Q

Private activity

A

A participant in an activity can reasonably expect the activity is private, if it is carried out in private premises.

29
Q

Trespass surveillance

A

Surveillance that involves trespass onto land or trespass to goods. Occurs the moment an enforcement officer steps onto private property without consent.

30
Q

Restriction on use of visual surveillance devices

A

Only for obtaining evidential material for serious offences (7+ years)

31
Q

s46

A

Activities for which a SDW required

32
Q

Curlitage

A

Means the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’. Defines the boundary within which a home owner can have a reasonable expectation of privacy and where ‘common daily activities’ take place.

33
Q

s46(e)

A

Time limits for visual surveillance device within curtilage for single or connected investigations. SDW required if exceeds
(i) 2 hours in any total 24 hour period; or
(ii) 8 hours in total

34
Q

Interception

A

In relation to private communication, includes hear, listen to, record, monitor, acquire or received the communication either:
- When it is taking place or
- While it is in transit

35
Q

Interception device

A

(a) any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment or other device that is used or is capable of being used to intercept or record a private communication; but
(b) does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing
SDW required

36
Q

Limitations on use of an interception device

A

To obtaining evidential material for serious offences only
- 7+ years
- Identified Arms Act 1983 offences
- Identified Psychoactive Substances Act 2013 offences

37
Q

Voluntary oral communication

A

A communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded (s47) - no SDW

38
Q

Tracking device

A

A device that may be used to help ascertain, by electronic or other means, either or both of the following:
(i) the location of a thing or a person
(ii) whether a thing has been opened, tampered with, or in some other way dealt with; but
Doesn’t include a vehicle or other means of transport (eg boat or helicopter)

39
Q

Tracking device to obtain evidential material for

A

Any offence punishable by imprisonment

40
Q

Don’t need SDW (tracking device)…

A

Installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation does not involve trespass

41
Q

s48

A

SDW need not be obtained for use of surveillance devices in some situations of emergency or urgency. Two key ingredients.

42
Q

Two key ingredients for no SDW in emergencies…

A
  • ‘entitled to apply’ - you would be entitled to make an application for a SDW as the situation is one of serious criminal activity
  • ‘impracticable in the circumstances’ - you need to use a device urgently as it is not immediately practicable to obtain a SDW.
43
Q

Surveillance without warrant is only permitted when… (emergency)

A

Two ingredients are met, and suspected offence has/is/about to be committed and is:
- punishable by 14+ years AND
- believe surveillance device would obtain evidential material
- an Arms Act 1983 offence
- a drug offence
- situation likely to cause injury or serious property loss/damage - surveillance is necessary to prevent offending
- situation presenting risk to life and safety and surveillance necessary as an emergency response (s14)

44
Q

Requirement to report on s48 use (s60)

A

Must provide a notification to a judge within 1 month after the date of the last day of any period of 48 hours or less over which the surveillance device was used.

45
Q

s74

A

Production order

46
Q
A

CIB Modules (7 decks)

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