Search Introduction

Question 1

What is the purpose of the search and surveillance act?

Answer 1

To facilitate the monitoring of compliance with the law and the investigation and prosecution of offences in a manner that is consistent with human rights value.

Question 2

How does the search and surveillance act met its purpose? Modernise, Rights, Tools

Answer 2

• Modernising the law of search, seizure and surveillance to take into account advances in technologies and to regulate the use of those technologies
• Providing rule that recognise the importance of the rights and entitlements affirmed in other enactments.
• Ensuring investigative tools are effective and adequate for law enforcement needs.

Question 3

How does Police met its obligations and objectives when carrying out entries, searches, inspections, productions, examinations, seizures, road blocks and stopping vehicles?

Answer 3

• ensure it has lawful authority to conduct such activities and exercise any other incidental powers in relation to those activities
• conduct risk assessments when planning the exercise of those powers and take action to mitigate risks to protect the safety of the public and employees carrying out the acts powers
• Only seize what police are lawfully entitled to seize
• Provide appropriate announcements and identification in the exercise of those powers
• satisfy requirements detailed in the act

Question 4

What does RGTS mean?

Answer 4

Having a sound basis for suspecting that a situation or circumstance exists.

Question 5

What does RGTB mean?

Answer 5

Reasonable grounds to Believe means having a sound basis for believing that a situation or circumstance exists.

Question 6

When you have formed RGTS or RGTB you must what?

Answer 6

• Be able to clearly describe your reasons for holding the belief or suspicion
• Record your reasonable grounds for using a search power in your notebook

Be aware that you may be required to
- report on your decision to use a power or your grounds for using it
- justify your use of a power in court or in other formal proceedings

Question 7

What is a lawful search?

Answer 7

a search under:
- a search warrant
- a warrantless search power
- with consent

Question 8

What is a reasonable search?

Answer 8

a search that complies with section 21 of the NZBORA and considers factors such as:
- the nature of the search
- how intrusive the search is
- where and when the search takes place

Question 9

When should you apply for a search warrant?

Answer 9

Whenever it is practicable to do so

Question 10

A decision that applying for a search warrant is not practicable must be based on what?

Answer 10

A RGTB that it is not practicable to apply for a search warrant in the circumstances

Question 11

What questions should be considered when deciding if a search warrant is practiable?

Answer 11

• is there time to gain approval and apply for a search warrant?
• can the scene be secured (s117)
• are reasonable resources (including number of staff) available to minimise risk and ensure safety
• is the evidential material at risk
• location of the search and who may be present

Question 12

Why use a search warrant?

Answer 12

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

Question 13

What sections of search and surveillance covers consent searches?

Answer 13

Section 91 to 96 of the Crimes Act

Question 14

What are the reasons you may do a consent search?

Answer 14

• 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 15

Before conducting a search by consent what must you advise the person whom consent is sought?

Answer 15

• Reason for the proposed search and
• that the may consent or refuse to consent to the search

Question 16

When can someone withdraw consent for a search?

Answer 16

At any time

Question 17

When can someone under 14 years old consent to the search of a place, vehicle or other thing?

Answer 17

when they are found driving with no passenger of or over 14 years of age with authority to consent to the vehicles search

Question 18

Do you have to report a consent search?

Answer 18

no

Question 19

What is evidential material?

Answer 19

in relation to any offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence

Question 20

What is tangible?

Answer 20

tangible means something that may be touched

Question 21

What is intangible?

Answer 21

intangible means unable to be touched, not having any physical presence

Question 22

What is CADD?

Answer 22

Concealed, Altered, Damaged or Destroyed

Question 23

What is SS12 section 131?

Answer 23

Identification and notice requirements for person exercising search power

Question 24

What is the identification, intention, reason and notice requirements? RRAINN

Answer 24

R - Reason
R -Rights
A - Act
I - Intention
N - Name
N - Notice

Question 25

When using a warrantless power what must you do?

Answer 25

- Provide a copy of search warrant or warrantless search notice to occupier (POL 1275) - provide inventory of items seized - report your use of certain powers - consider privilege

Question 26

What is SS112 s169?

Answer 26

Reporting of exercise of powers within law enforcement agency

Question 27

What sections of SS12 cover privelege

Answer 27

sections 136 - 147

Question 28

When do you not need to comply with s131?

Answer 28

RGTB that complying would: - endanger any persons safety - prejudice the successful use of the entry and search power - prejudice on-going investigations

Question 29

What if a person refuses entry?

Answer 29

You may use reasonable force to enter if the person refuses entry or does not allow entry within a reasonable time following a request

Question 30

What if there is no one at the place where the search is to be conducted?

Answer 30

- you may use reasonable force to enter the place, vehicle or other thing to be searched if you have reasonable grounds to believe that no one is lawfully present.

Question 31

What is SS12 s110?

Answer 31

Search Powers

Question 32

What does s110 authorise you to do when searching a place, vehicle or other thing with or without warrant?

Answer 32

- Enter and search the place - to request any person to assist including hapu or iwi if the the place to be entered is of cultural or spiritual significance to hapu or iwi. - to use any force in respect of any property that is reasonable for purposes of the search and seizure - Seizure anything that is the subject of the search or anything else that may be lawfully seized - request assistance with entry and search - bring and use any equipment found on the place, vehicle or other thing - bring and use a trained law enforcement dog and its handler - copy any document or part of a document that may be lawfully seized - access a computer system or other data storage device - copy intangible material - take photographs, sound and video recordings and drawings

Question 33

What is SS12 s116?

Answer 33

Securing place, vehicle or other things to be searched

Question 34

What if your search is impeded by a person?

Answer 34

If you have RGTB that any person would obstruct or hinder your ability to search then can use s116 to exclude that person from the search or any area in or on that place or vehicle - give any reasonable direction to that person

Question 35

What are your powers under section 116?

Answer 35

You can secure a place, vehicle or other thing to be search and exclude any person from there

Question 36

What are your powers under section 118?

Answer 36

You can detain people when searching places and vehicles 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

Question 37

What are your powers under section 119?

Answer 37

- You can search people found when searching places and vehicles if you have RGTB that evidential material that is the object of the search is on that person OR - if you have RGTS that the person is in possession of a dangerous item that poses a threat to safety and you believe that immediate action is needed to address that threat

Question 38

What are you powers under section 120?

Answer 38

If you are in fresh pursuit and with RGTB that relevant evidential material is still on the person, you have power to enter any place to apprehend the person and search the person or vehicle.

Question 39

Recognised privileges material includes communications with

Answer 39

- legal advisors - ministers of religion - medical practitioners - clinical psychologists - informers - journalists