Search and Surveillance

Question 1

What does RGTS mean?

Answer 1

Reasonable Grounds to Suspect - having a sound basis for suspect that a situation or circumstance exists

Question 2

What does RGTB mean?

Answer 2

Reasonable Grounds to Believe - having a sound basis for believing that a situation or circumstance exists

Question 3

What is a lawful Search?

Answer 3

A search that has a Search Warrant, Warrantless Search Power or consent.

Question 4

What is a reasonable Search?

Answer 4

A search that complies with S21 of the NZBORA and considers the nature of the search, how intrusive it is and where and when it occurs

Question 5

What should you consider when thinking about practicality of SW?

Answer 5

L-REST:
Location of search
Resources available
Evidence at risk?
Secured scene?
Time availible

Question 6

When may you ask for a consent search?

Answer 6

PIPP:

PREVENT commission of offence.
INVESTIGATE if offence committed.
PROTECT life or property.
PREVENT injury or harm

Question 7

What must you say before asking to conduct a consent search?

Answer 7

Reason & ability to refuse

Question 8

S131 Search and Surveillance Act 2012?

Answer 8

RAIN = Reason, Act, Intention to enter, Name

Question 9

S110 Search and Surveillance Act 2012?

Answer 9

Ability to use additional powers during search:
TF BRACES:

TAKE photos,
FORCE,
BRING equipement & dog,
REQUEST assistance,
ACCESS computers,
COPY document,
ENTER

Question 10

S116 Search and Surveillance Act 2012?

Answer 10

Can exclude or give reasonable direction to persons at search

Question 11

S118 Search and Surveillance Act 2012?

Answer 11

Detain people to determine connection

Question 12

S119 Search and Surveillance Act 2012?

Answer 12

Can search people at place if you have RGTB they have Evidential material on them or RGTS they have dangerous item.

Question 13

What do you do when you find priviliged material?

Answer 13

E.R.I.C

1. ENSURE person or rep is present.
2. Give them a REASONABLE opportunity to claim privilege
3. Complete INVENTORY
4. Allow them to COPY

Question 14

What is priviliged material?

Answer 14

Communication with CRIM LJ -
Clinical Psychologists,
Religion,
Informants,
Medical practioners,
Legal,
Journalists

Question 15

S112 Search and Surveillance Act 2012

Answer 15

If you don’t know whether an item can be seized lawfully you may seize it for examination. It must be in scope of orignal search.

Question 16

S123 Search and Surveillance Act 2012

Answer 16

Seize items in plain view if you believe that you could have seized with another warrant.

Question 17

S121 Search and Surveillance Act 2012?

Answer 17

You may stop a vehicle if you intend to search it

Question 18

S127 Search and Survaillance Act 2012?

Answer 18

You may enter a place to search a vehicle that you have a SW for.

Question 19

What is a production order?

Answer 19

An order made under S74 of the Search and Surveillance Act 2012 requiring a person to produce documents

Question 20

What is a surveillance device?

Answer 20

A visual device, an interception device, a tracking device - VIT

Question 21

S46 Search and Surveillance Act 2012?

Answer 21

Outlines when Surveillance Device Warrant required:
TIPTC:
Tracking device,
Interception device,
observation of Private Activity,
Trespass surveillance,
Curtilage

Question 22

How long can you observe curtilage with a device without a warrant?

Answer 22

3 hours in any 24 hour period or 8 hours total.

Question 23

When can you engage in trespass surveillance without a SDW?

Answer 23

For 48 hours if you suspect evidence of a 14 year imprisonable offence, avert an emergency, breach of arms act

14, 14, guns

Question 24

When can you apply for a interception surveillance device warrant?

Answer 24

For an offence punishable by 7 years imprisonment or more

Question 25

When can you apply for a tracking surveillance device warrant?

Answer 25

For an offence punishable by imprisonment.

Question 26

What are the two key ingredients to use a SDW under S48?

Answer 26

1. Entitled to apply. 2. Impracticable in the circumstances

Question 27

How do your report SDW use under S48?

Answer 27

One month to after the last day to a judge and include if it obtained evidence or prevented offending or seized arms.

Question 28

How long may you apply for a SDW?

Answer 28

60 days then re apply.

Question 29

When does privilege NOT apply to a document

Answer 29

When it is made, received, compiled or prepared for a dishknest purpose or to enable a person to commit an offence.

Question 30

What do you do once you receive or anticipate a claim of privilege?

Answer 30

Secure it but do not examine it.

Question 31

What does S117 hold?

Answer 31

If a SW App is about to be made and you have RGTB EM will be CADD before execution, you may: Enter & Secure

Question 32

What are the limitations of S117?

Answer 32

6 hours Refusal of application The application is ready to execute

Question 33

S122

Answer 33

May move vehicle to another place if lawful authority to search vehicle and impractical to do so at location