Search and Surveillance

Question 1

Lawful search

Answer 1

Under search warrant, warrantless power, or consent

Question 2

Reasonable search

Answer 2

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

Question 3

Using a search warrant…

Answer 3

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

Question 4

Consent search for reasons…

Answer 4

• 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

Question 5

Before consent searching, advise…

Answer 5

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

Question 6

A person under 14… (consent searches)

Answer 6

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)

Question 7

Tangible

Answer 7

Something that may be touched

Question 8

Intangible

Answer 8

Unable to be touched; not having physical presence

Question 9

CADD

Answer 9

Concealed
Altered
Damaged
Destroyed

Question 10

s131

Answer 10

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

Question 11

s125

Answer 11

The rules for searching people (RAN)

Question 12

s110

Answer 12

Powers incidental to search

Question 13

s169

Answer 13

Reporting

Question 14

s116

Answer 14

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

Question 15

s118

Answer 15

Powers of detention incidental to search of places or vehicles

Question 16

s119

Answer 16

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

Question 17

s121

Answer 17

Stopping vehicles for search (SW or warrantless)

Question 18

s122

Answer 18

Moving vehicles for search/safekeeping

Question 19

s123

Answer 19

Seizure of items in plain view

Question 20

s112

Answer 20

Items of uncertain status

Question 21

s19

Answer 21

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

Question 22

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

Answer 22

• 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

Question 23

s127

Answer 23

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

Question 24

s74

Answer 24

Production orders

Question 25

PO for news media organisation

Answer 25

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

Question 26

Private premises

Answer 26

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

Question 27

Non-private premises

Answer 27

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).

Question 28

Private activity

Answer 28

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

Question 29

Trespass surveillance

Answer 29

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

Question 30

Restriction on use of visual surveillance devices

Answer 30

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

Question 31

s46

Answer 31

Activities for which a SDW required

Question 32

Curlitage

Answer 32

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.

Question 33

s46(e)

Answer 33

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

Question 34

Interception

Answer 34

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

Question 35

Interception device

Answer 35

(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

Question 36

Limitations on use of an interception device

Answer 36

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

Question 37

Voluntary oral communication

Answer 37

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

Question 38

Tracking device

Answer 38

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)

Question 39

Tracking device to obtain evidential material for

Answer 39

Any offence punishable by imprisonment

Question 40

Don't need SDW (tracking device)...

Answer 40

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

Question 41

s48

Answer 41

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

Question 42

Two key ingredients for no SDW in emergencies...

Answer 42

- '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.

Question 43

Surveillance without warrant is only permitted when... (emergency)

Answer 43

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)

Question 44

Requirement to report on s48 use (s60)

Answer 44

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.

Question 45

s74

Answer 45

Production order