Search and Surveillance Act 2012 Flashcards
(35 cards)
Any firearm….
Define: Arms
Any firearm, airgun, pistol, restricted weapon, imitation firearm, or explosive (as per s2 arms act 1983), or any ammunition.
The land…
Define: Curtilage
The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, excludes any fields beyond.
Where there is reasonable expectation of privacy for doing lawful activity
Evidence of the…
Define: Evidential material
Evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence.
Define: Non-private premises
Means premises, or part of a premises, to which members of the public can access - includes hospital, bus station, airport, shop.
There are situations where both non-private and private can exist on the same premise. (e.g. a shop with a staff area or an attached residential area)
Define: Private activity
Means activity that, in the circumstances, any one or more of the participants in it ought to expect is observed or recorded by no one except the participants.
Define: Private premises
Means a private dwelling-house, a marae, and any other premises that are not within the definition of non-private premises.
There are exceptions where a property can exist in both private / non-private (e.g. seperate staffing area or an attached residential area)
Define: Surveillance device
Means a device that is any one or more of the following kinds of devices: -
(a) An interception device -
(b) A tracking device -
(c) A visual surveillance device
Define: Trespass surveillance
Means a surveillance that involves trespass to land or trespass to goods.
Define: Unlawfully at large
In relation to a person, means that the person:
- Has an arrest warrant in force (excluding fines warrants)
- Has escaped from prison or is absent without leave
- has escaped from lawful custody, eg police cells, police car.
- Is a special patient or a restricted patient and has escaped or has failed to return from leave.
- Is a care recipient or special care recipient (with an intellectual disability) and has escaped or has failed to return from leave.
- Is a “young person” who is the subject of a youth court “supervision with residence” order and they are absconding from CYFS custody.
Define: Visual surveillance device
(a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to record private activity; but
(b) does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.
Entry without warrant to arrest person unlawfully at large
Search and Surveillance Act 2012 Section 7
A constable may enter a place or vehicle without warrant to search for and arrest a person if the constable has reasonable grounds;
(a) to suspect that a person is unlawfully at large, AND
(b) to believe that the person is there
What are your powers under Section 7?
Warrantless power to ENTER and SEARCH a place or vehicle to arrest a person unlawfully at large:
- RGTS - Person is unlawfully at large.
- RGTB - Person is in that place or vehicle
Entry without warrant to avoid loss of offender or evidential material
Search and Surveillance Act Section 8
Warrantless power to Enter and Search a PLACE or VEHICLE to arrest a person who has committed an imprisonable offence:
RGTS person has committed an offence punishable by imprisonment
RGTB that the person is there
RGTB that if entry is not effected immediately
- The offender will leave to avoid arrest
- EM relating to the offence will be CADD
What are your powers under Section 8?
Powers: - May ENTER the place or vehicle, - and SEARCH the place or vehicle for the person for the purpose of arresting them.
Note: Section 8 does not give you a power to search for evidential material.
Search and Surveillance Act Section 9
A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds;
(a) to SUSPECT that a person is:
(i) unlawfully at large, OR
(ii) has committed an offence punishable by imprisonment, AND
(b) to believe that the person is in or on the vehicle.
What are your powers under Section 9?
Powers: STOP the vehicle for the purpose of arresting that person
Powers and duties of a constable after vehicle stopped
Search and Surveillance Act section 10
A constable exercising the stopping power under section 9 may do any 1 or more of the following:
(a) REQUIRE any person in or on the vehicle who the constable has RGTS is unlawfully at large or has committed an offence punishable by imprisonment to supply details
(b) SEARCH the vehicle to locate the person, if the constable has RGTB that the person is in or on the vehicle.
(c) SEARCH the vehicle to locate EM, if the person;
(i) has been arrested; or
(ii) is seen fleeing from the vehicle before he or she can be arrested.
Note: Must tell the driver the intent of the search
Entry without warrant to find and avoid loss of evidential material relating to certain (14 years or more) offences
Search and Surveillance Act 2012Section 15
A constable may enter and search a place without a warrant if he or she has
(a) RGTS that an offence punishable by imprisonment for a term of 14 years or more has, is or will be committed AND
(b)RGTB
—
(i)that evidential material relating to the offence is in that place, AND
(ii)that, if entry is delayed in order to obtain a search warrant, the evidential material will be CADD
Note: Section 15 is also intended to allow you to search a VEHICLE in the place you are searching. This does not include a vehicle in a public place, as this is covered under section 17.
Searching people in public place without warrant for evidential material relating to certain (14 years or more) offence
Search and Surveillance Act 2012 section 16
A constable may SEARCH a person without a warrant in a public place if the constable has reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more.
Warrantless entry and search of vehicle for evidential material relating to certain (14 years or more) offences
Search and Surveillance Section 17
A constable may, without a warrant, ENTER and SEARCH a vehicle that is in a public place if he or she has reasonable grounds to believe that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle.
Warrantless searches associated with arms
Search and Surveillance Act 2012 Section 18 (1) & 18(2)
Warrantless Power to Enter and Search a PLACE OR VEHICLE OR search a PERSON in relation to arms:
18(1) & 18(2)
RGTS Person carrying / in possession of / in control of arms; and:
- Is in breach of the Arms Act 1983 OR
- By reason of his physical or mental condition is incapable of having property control of the Arms or may kill or cause bodily injury to any person; or
- Under the Domestic’s Violence Act 1995 a protection order is in force, or there are grounds to make an application against him or her for a protection order (Or PSO)
Search and Surveillance Act 2012 Section 18(3)
Warrantless power to Enter and Search a Place or Vehicle or Search a person in relation to arms.
RGTS there are Arms in any place or vehicle:
- In respect of which a category 3 or 4 offence or an offence against the Arms Act 1983 has been / is being / will be committed.
- That may be EM in relation to a category 3 or 4 offence
What are your powers under Section 18(1)&(2)
May:
- Search the person
- Search any thing in the persons possession or control (Inc. vehicles)
- Enter a place or vehicle to carry out these searches
- Seize and detain any Arms and Arms Act license found
What are your powers under S18(3)
May:
- Enter a place or vehicle, search it, and seize and detain any arms and arms license found
