Search and surveillance Flashcards
Purpose of S&S Act
Modernise law and new tech
Codify rules of other enactments
Ensure investigative tools effective / adequate
Search powers on arrest
Rub down warrantless search for:
-weapons
-items to facilitate escape
-evidential material
After a person is locked up, can only search if
- They have not been searched before
- Been in close proximinity to unsearched person
- RGB possess anything to harm hemselves or others.
Special powers where a warrant is pending
Secure address 6 hours to obtain SW -
- enter / secure place /vehicle / thing
- secure items found
- direct anyone to assist
If you believe evidential material CADD (until expiry of 6 hours, or warrant authorised or declined)
Surveillance without a warrant
Surveillance without a device can’t be authorised with a warrant (as there is no device).
It will be unlawful if it involves trespass
It will be lawful if it doesn’t involve trespass and is reasonable in curcumstances.
Does flying over a property using a drone involve trespass
No
Three types of surveillance device
Interception
Tracking
Visual Surviallance
BOR, What are the rights of persons in NZ
Against unreasonable search / seizure
Arbitrary detention / arrest
Rights of arrested persons
Rights of persons charged
Min standdards of criminal procedures
s23 Rights of persons arrested
-Informed of reason
-Right to consult / instruct lawyer and iformed of right
-Right to have validy of arrest challenged (habeas corpus) and released if unlawful
- charged promptly or released
- right to refrain from making stx
- treated with dignity / respect
Define detention
Physically deprived of movement
Statutory restraint
They believe they are not free to leave
When is arrest or detention arbitrary
When it is without reasonable cause
Before an arrest is made what should you consider
It is justifable
Could you summons
Could you use discretion
(otherwise it may be arbritrary)
Can you hold a person in custody to make further enquiries
No.
If a person is eligable to bail must give it as soon as possible
When does restraint (not allowed to leave) not amount to detention
EBA
3T
Motorist taken for blood test at hospital following accident
SW excluding persons from room or place.
Can police question a subject after they have sought legal advice and been advised to remain silent
Yes. If they answer, you can continue to question them.
