Search and Surveillance Act 2012

Question 1

Section 8

Search and Surveillance Act 2012

Answer 1

Entry without warrant to avoid loss of offender or evidential material

If you have reasonable grounds to:

• suspect that a person has committed an o ence punishable by imprisonment for which they may be arrested without warrant

and
• believe that the person is in a place or vehicle
and
• believe that, if entry is not effected immediately, either or both of the following

may occur:

– the person will leave the place or vehicle to avoid arrest

– evidential material relating to the offence for which the person is to be

arrested will be concealed, altered, damaged or destroyed.

you may:

• enter that place or vehicle without warrant

and

• search for and arrest the person you suspect has committed the offence.

Question 2

Section 27

Search and Surveillance Act 2012

Answer 2

Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected

A constable who has reasonable grounds to suspect that a person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances) may, without a warrant, search the person.

Question 3

Section 22

Search and Surveillance Act 2012

Answer 3

Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975

(1) A constable may, in the circumstances set out in subsection (2), search a person without a warrant.
(2) The circumstances are that the constable has reasonable grounds—
(a) to believe that the person is in possession of—
(i) a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or
(ii) a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or
(iii) a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or
(iv) a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and
(b) to suspect that an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.
(3) This section does not—
(a) limit section 20 or 21; or
(b) authorise a constable to enter or search a place or vehicle except in accordance with those sections.

Question 4

Section 84

Search and Surveillance Act 2012

Answer 4

Warrantless entry and search of vehicle after arrest

If you have arrested a person and have reasonable grounds to believe that:
• evidential material relating to the offence for which the person was arrested is in

or on a vehicle

you may:
• enter and search that vehicle for the evidential material without warrant

(whether or not the person arrested was with the vehicle)

Question 5

Section 28

Search and Surveillance Act 2012

Answer 5

Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected

(1) A constable who has reasonable grounds to suspect that the circumstances in subsection (2) exist in relation to a vehicle may search the vehicle.
(2) The circumstances are that—
(a) a person travelling in the vehicle or who has alighted from it is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances); and
(b) the vehicle contains a knife, offensive weapon, or disabling substance.

Question 6

Section 18

Search and Surveillance Act 2012

Answer 6

Warrantless searches associated with Arms

If you (any constable) have reasonable grounds to suspect that a person who is carrying arms, or is in possession of them or has them under their control and

the person is in breach of the Arms Act 1983

or

the person, by reason of their physical or mental condition, is incapable of having proper control of the arms

or

the person, by reason of their physical and mental condition, may kill or cause bodily injury to any person

or

a protection order is in force against the person under the Domestic Violence Act 1995

or

there are grounds to make an application against the person for a protection order under the Domestic Violence Act 1995

or

a police safety order is in force against the person under the Domestic Violence Act 1995

then you may do any or all of the following without warrant:

• search the person
• search anything in their possession or under their control (including a vehicle)
• enter a place or vehicle to search:

– the person

– anything in the person’s possession or under their control (including a vehicle)

seize and detain any arms found

• seize and detain the person’s rearms licence.

Question 7

Section 17

Search and Surveillance Act 2012

Answer 7

Warrantless entry and search of vehicle for evidential material relating to certain offences

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.

Question 8

Section 118

Search and Surveillance Act 2012

Answer 8

Powers of detention incidental to powers to search places and vehicles

(1) If any constable or other person, or a person assisting any constable or other person, exercises a search power in relation to a place or vehicle, that constable or other person may, for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search, detain any person—
(a) who is at the place or in or on the vehicle at the commencement of the search; or
(b) who arrives at the place or stops at, or enters, or tries to enter, the vehicle while the search is being carried out.
(2) A person may be detained under subsection (1) for any period that is reasonable, but not for longer than the duration of the search.
(3) A detention of any person commences under subsection (1) when the constable or other person exercising the search power directs that person to remain at the place or in or on the vehicle and ends when that person is told by the constable or other person, or a person assisting the constable or other person, exercising the search power that he or she is free to leave the place or vehicle.
(4) Reasonable force may be used for the purpose of e ecting and continuing any detention under subsection (1).
(5) For the purposes of subsection (1), other person means a person to whom section 115(2) applies.

Question 9

Section 11

Search and Surveillance Act 2012

Answer 9

Warrantless searches of people who are, or are to be, locked up in Police custody

You may conduct a warrantless search of any person who has been taken into lawful custody and is or is to be locked up:

• at a Police station

or

• in other premises being used for Police purposes

or

• in or about to be placed in a vehicle being used for Police purposes.

Section 11(3)

You may also conduct a search of a person after they have been locked up if:

• the person was not searched before they were locked up

or

• you reasonably suspect that they have been close to another person who has not been locked up in Police custody

or

• you reasonably suspect that they have been close to another person who has been locked up but not searched yet

or

• you have reasonable grounds to believe that the person may have anything that may be used to harm themselves or others.

Question 10

Section 85

Search and Surveillance Act 2012

Answer 10

Rub-down search of arrested or detained persons (to ensure)

You may carry out a rub-down search of a person when:

the person is arrested

or

detained under a statutory power of detention (any enactment)

to ensure that the person is not carrying anything that may be used to:

harm any person

or

facilitate the person’s escape.

Question 11

Section 16

Search and Surveillance Act 2012

Answer 11

Searching people in public place without warrant for evidential material relating to certain offences

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.

Question 12

Section 112

Search and Surveillance Act 2012

Answer 12

Items of uncertain status may be seized

If you are exercising a search power and:

• you are uncertain whether any item found may be lawfully seized

and

• it is not reasonably practical to determine whether the item can be seized at the place or vehicle where the search takes place

you may:
• remove the item for analysis or examination to determine whether it may be lawfully seized.

Question 13

Section 131

Search and Surveillance Act 2012

Answer 13

Identification and notice requirements

When you are using a search power in relation to a place or vehicle or other thing (with or without a warrant), you must comply with a series of identification and notice requirements.

R - Reason

A - Act

I - Intention

N - Name

Question 14

Section 15

Search and Surveillance Act 2012

Answer 14

Entry without warrant to find and avoid loss of evidential material relating to certain offences

A constable may enter and search a place without a warrant if he or she has reasonable grounds—

(a) to suspect that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and
(b) to believe—
(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 destroyed, concealed, altered, or damaged.

Question 15

Section 20

Search and Surveillance Act 2012

Answer 15

Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences

A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds—

(a) to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is—
(i) a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or
(ii) a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or
(iii) a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or
(iv) a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and
(b) to suspect that in or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and
(c) to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.

Question 16

Section 9

Search and Surveillance Act 2012

Answer 16

Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences) you may arrest them

If you have reasonable grounds to suspect that a person is:

unlawfully at large

or

has committed an o ence punishable by imprisonment

and

• you have reasonable grounds to believe the person is in or on a vehicle

you may:

stop the vehicle without warrant to arrest the person.

Question 17

Section 122

Search and Surveillance Act 2012

Answer 17

Moving a vehicle for the purpose of search or safekeeping

If you find or stop a vehicle and you have:

lawful authority to search the vehicle, but it is impracticable to do so at that place

or

reasonable grounds to believe that it is necessary to move the vehicle for

safekeeping

you may:

• move the vehicle to another place.

Question 18

Section 125

Search and Surveillance Act 2012

Answer 18

Special rules about searching persons

R - Reason for the search

A - What act are you using

N - Name and identification

Question 19

Section 121 (2)

Search and Surveillance Act 2012

Answer 19

Stopping a vehicle to execute a search warrant

Question 20

Section 88

Search and Surveillance Act 2012

Answer 20

Warrantless search of arrested or detained persons for evidential material - (Believe)

You may search a person pursuant to arrest or statutory detention if you have reasonable grounds to believe the person is carrying anything that:

Is evidential material relating to the offence in respect of which the arrest is made or the person is detained

or

may be used to harm any person

or

• may be used to facilitate the person’s escape.

Question 21

Section 116

Search and Surveillance Act 2012

Answer 21

Securing place, vehicle, or other thing to be searched

(1) The person carrying out a search may, in a manner and for a duration that is reasonable for the purposes of carrying out the search,—
(a) secure the place, vehicle, or other thing searched, any area in or on that place, vehicle, or other thing, or any thing found in or on that place, vehicle, or other thing:
(b) exclude any person from the place, vehicle, or other thing searched, or from any area within the place, vehicle, or other thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of any power under this subsection.
(2) A person who exercises any power under subsection (1) must, on the request of

any person affected by the exercise of the power,—

(a) identify himself or herself either by name or by unique identifier; and
(b) state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c) if not in Police uniform, produce evidence of his or her identity.

Question 22

Section 29

Search and Surveillance Act 2012

Answer 22

Power to search vehicles without warrant for stolen property

If you have reasonable grounds to believe that:

• any stolen property is in or on any vehicle

you may:

• search the vehicle without warrant.

Question 23

Section 10

Search and Surveillance Act 2012

Answer 23

Powers and duties of constable after vehicle stopped

If you are exercising the stopping power under s9 you may:

• require any person in or on the vehicle to supply all or any of their name, address, other contact details and DOB if you have reasonable grounds to suspect:

– they are unlawfully at large or

– they have committed an offence punishable by imprisonment.

You may also:

• search the vehicle to locate the person the vehicle was stopped for if you have reasonable grounds to believe that person is in or on the vehicle
• search the vehicle to locate evidential material in relation to any offence in respect of which the vehicle was stopped if the person sought:

– has been arrested or

– is seen fleeing from the vehicle before they can be arrested.

If the driver is not the person the vehicle was stopped for you must tell the driver the object of the proposed search before conducting the search.

Question 24

Section 14

Search and Surveillance Act 2012

Answer 24

(Emergency entry) Warrantless entry to prevent offences or respond to risk to life or safety

• enter the place or vehicle without warrant

and
• take any action that you have reasonable grounds to believe is necessary

If you have reasonable grounds to suspect that in relation to a place or vehicle:

an offence is being committed, or is about to be committed that would be likely to cause:

– injury to any person or

– serious damage to or serious loss of, any property

or

there is a risk to the life or safety of any person that requires an emergency response

you may:

– to prevent the offending from being committed or continuing or

– to avert the emergency.

Question 25

Section 7

Search and Surveillance Act 2012

Answer 25

Entry without warrant to arrest person unlawfully at large

If you have reasonable grounds:

• to suspect that a person is unlawfully at large and
• to believe that the person is in a place or vehicle

you may:
• enter the place or vehicle without warrant to search for and arrest that person.

Question 26

Section 30

Search and Surveillance Act 2012

Answer 26

Obtaining authorisation for warrantless road block

If a senior constable (Sergeant / Acting Sergeant or higher)

• has reasonable grounds to believe that in or on a vehicle there is a person they have reasonable grounds to suspect

– has committed an offence punishable by a term of imprisonment or

– is unlawfully at large and

• has reasonable grounds to suspect that the vehicle will travel past the place where it is proposed that the road block be established

and

• is satisfied that, as far as is reasonably practicable, the safety of all road users will be ensured in the area in which it is proposed that the road block be established

then the senior constable (Sergeant / Acting Sergeant or higher) may:

• authorise the establishment of a road block to arrest the person.

Question 27

Sections 91 - 96

Search and Surveillance Act 2012

Answer 27

Consent Searches

Question 28

Section 117

Search and Surveillance Act 2012

Answer 28

Special powers where application for search warrant pending

(1) If an application for a search warrant is about to be made or has been made and has not yet been granted or refused by an issuing officer, an enforcement o cer present at the place or vehicle that is or is to be the subject of the application may, if authorised by subsection (2),—
(a) enter and secure the place, vehicle, or other thing in respect of which authorisation to enter and search is being sought, and secure any item or items found at that place or in or on that vehicle or other thing, at any time that is reasonable in the circumstances:
(b) direct any person to assist with the entry and securing of the place or vehicle or other thing or the securing of items in it (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual signi cance to that hapū or iwi).
(2) The powers conferred by subsection (1) may be exercised if the enforcement o cer has reasonable grounds to believe that evidential material may be destroyed, concealed, altered, damaged, or removed before a decision is taken to grant or refuse the issue of a search warrant.
(3) The powers conferred by subsection (1) may be exercised until the rst of the following occurs:
(a) the expiry of 6 hours from when the power is rst exercised:
(b) the warrant is available for execution at that place or vehicle or in respect of that other thing:
(c) the application for a search warrant is refused.
(4) A person who exercises any power under subsection (1) must, on the request of any person a ected by the exercise of the power,—
(a) identify himself or herself either by name or by unique identi er; and
(b) state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c) if not in Police uniform, produce evidence of his or her identity.

Question 29

Section 169

Search and Surveillance 2012

Answer 29

When you use a warrantless power of entry, search or surveillance you must report this by completing an online notification form as soon as practicable.

The notification must contain:

• a short summary of the circumstances
• the reasons you needed to exercise the warrantless power
• whether any evidential material was seized
• whether any criminal proceedings have been brought or are being considered as
• a consequence of seizing that evidential material.

You do not need to report on:

• a search of a person following their arrest or a search of a person following their detention under any other enactment (ss85 or 88)
• a search of a person in lawful custody (s11)
• a consent search (ss91-96)
• the exercise of a power of entry that does not confer a power of search (such as
• s14 – entry to prevent offence or respond to risk to life or safety).

Question 30

Section 32

Search and Surveillance Act 2012

Answer 30

Authorised road blocks implemented without warrant

When a road block is authorised under s30, you may:

Establish

a road block at the place specified in the authorisation

Stop

vehicles at or in the vicinity of the road block

Require

any person in or on any vehicle stopped by the road block, who you have reasonable grounds to suspect has committed an offence punishable by imprisonment, to state any or all of his or her name, address and date of birth

Search

the vehicle for the purpose of locating the person who has committed an offence punishable by a term of imprisonment or who is unlawfully at large if any constable has reasonable grounds to believe the person is in or on the vehicle

Question 31

Section 121 (1)

Search and Surveillance Act 2012

Answer 31

Stopping a vehicle without a warrant for purposes of search

Question 32

Section 119

Search and Surveillance Act 2012

Answer 32

Powers of search by person who has power of arrest

(1) If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get onto the vehicle, if the person conducting the search has reasonable grounds to believe that evidential material that is the object of the search is on that person.
(2) If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get into or onto the vehicle, if the person conducting the search—
(a) has reasonable grounds to suspect that the person is in possession of a dangerous item that poses a threat to safety; and
(b) believes that immediate action is needed to address that threat.
(3) If any item referred to in subsection (2)(a) is seized, it must, unless possession of the item constitutes an o ence, be returned to the person from whom it was taken either—
(a) once the search has been completed; or
(b) when the person who conducted the search is satis ed that there is no longer any threat to safety.

Question 33

Section 83

Search and Surveillance Act 2012

Answer 33

Entry without warrant after arrest in any place

If you have arrested a person and have reasonable grounds to believe that:

• evidential material relating to the offence for which the person was arrested is at a place

and

• if entry is delayed in order to obtain a search warrant, the evidential material will be concealed, altered, damaged or destroyed

you may:
• enter that place without warrant to search for the evidential material (whether or

not the person was arrested there).

Question 34

Section 123

Search and Surveillance Act 2012

Answer 34

Seizure of items in plain view

If you, as part of your duties:

• exercise a search power or
• are conducting a lawful search of a person or
• are lawfully in any place or in or on a vehicle

and you have reasonable grounds to believe that you could have seized the item under:

• any other search power you may exercise.

Question 35

Section 21

Search and Surveillance Act 2012

Answer 35

Warrantless searches of people found in or on places or vehicles

A constable conducting a search of a place or vehicle under section 20 may, without a warrant, search any person found in or on the place or vehicle.