Search & Surveillance Act 2012 Flashcards
(163 cards)
1
Q
Reasonable grounds to believe
A
having a sound basis for believing that a situation or circumstance actually exists
2
Q
Reasonable grounds to suspect
A
having a sound basis for suspecting that a situation or circumstance is likely to exist
3
Q
SASA 2012
General Principles
A
- all searches must be lawful and reasonable
- you may only conduct a search if it has lawful authority
- you must always either:
- execute a search warrant, or
- exercise a warrantless power, or
- conduct a consent search.
4
Q
If a search is not conducted under a lawful authority it will…
A
- be unlawful
- any evidence gathered may not be admissible
5
Q
Hierachy of search
A
- Apply for a search warrant
- Use warrantless powers
- Undertake a consent search
6
Q
Obligations for searching
A
- Name (I am Constable SMITH)
- Act (I intend to seach you under the SASA 2012)
- Reason (to ensure you have nothing that may harm any person or facilitate your escape)
7
Q
SASA 2012
Section 125
when exercising a power to search a person, you must:
A
- identify yourself
- advise the person being searched (name of the Act and reason for search)
- provide evidence of your identity (if not in Police uniform)
- promptly provide an inventory (of items seized, give a copy to the person you have searched)
8
Q
SASA 2012
Section 125
when exercising a power to search a person, you may:
A
-
detain
(for as long as necessary to carry out the search) -
use reasonable force
(to carry out the search (if needed arrest for obstruction and use force to complete the search)) -
search
(any item the person is wearing/carrying or is in the person’s physical possession or immediate control) -
seize
(anything the person is carrying or is in their physical possession or immediate control, if that is the thing you are searching for or may lawfully be seized)
9
Q
SASA 2012
Section 85
you may carry out a rub-down search of a person when:
A
- the person is arrested
or - detained under a statutory power of detention (any enactment)
10
Q
SASA 2012
Section 85
the rub-down search is to ensure:
A
the person is not carrying anything that may be used to:
* harm any person
or
* faciliatate the person’s escape
11
Q
SASA 2012
Section 85 search should be carried out on all people who…
A
have been arrested or detained under enactment before placing them in a vehicle or secure area
12
Q
SASA 2012
examples of enactments under which a person can be detained in the context of Section 85 include:
A
- Policing Act 2008 (intoxicated persons)
- Mental Health (Compulsory Assessment and Treatment) Act 1992
- Land Transport Act 1998
13
Q
SASA 2012
Section 85
is there a requirement to complete an online notification for the search of a person carried out under this section?
A
No
14
Q
SASA 2012
Section 85
If you are conducting a rub-down search you may do any or all of the following:
A
- run or pat your hand over the body of the person being searched whether outside or inside the clothing
(other than the underclothing) - insert your hand inside any pocket or pouch in the clothing of the person being searched
(other than the underclothing)
15
Q
SASA 2012
Section 85
For visual inspection, you may require the person being searched to:
A
- open their mouth
- display the palms of their hands
- display the soles of their feet
- lift or rub their hair
16
Q
SASA 2012
Section 85
A
Rub-down search of arrested or detained persons
17
Q
SASA 2012
Section 86
A
Things that can be done to facilitate a rub-down search
18
Q
SASA 2012
Section 87
A
Rub-down search may include visual examination
19
Q
SASA 2012
Section 86
when you are conducting a rub-down search you may require the person being searched to:
A
- remove, raise, lower or open any outer clothing such as a:
-coat
-jacket
-jumper
-cardigan - being worn by that person except where the person has no other clothing, or only underclothing under the outer clothing and
- remove any:
-head covering
-gloves
-footwear
-socks
-stockings - items of clothing removed from the person can also be searched seperately
- any items carried by or in the possession of the person being searched at the time of the search are also included in the search (bag etc, but this does not extend to the search of a vehicle)
20
Q
SASA 2012
Section 87
a rub-down search may include:
A
- a visual examination of the mouth, nose and ears
but you must not: - insert any instrument, device or thing into any of those orifices
you may use an instrument or device to illuminate or magnify any of those orifices
21
Q
SASA 2012
Section 88
A
warrantless search of arrested or detained persons (for evidential material)
22
Q
SASA 2012
Section 88
you may search a person pursuant to arrest or statutory detention if…
A
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 for
or
* may be used to harm any person
or
* may be used to facilitate the person’s escape
23
Q
SASA 2012
examples of enactments under which a person can be detained in the context of Section 88 include:
A
- Policing Act 2008 (intoxicated persons)
- Mental Health (Compulsory Assessment and Treatment) Act 1992
- Land Transport Act 1998
- Oranga Tamariki Act 1989
24
Q
SASA 2012
Section 88
Searching for evidential material also includes…
A
looking for marks on a person for the purpose of identifiation such as:
* birthmarks
* tattoos
* scars
25
**SASA 2012**
**Section 11**
Warrantless searches of people who are, or are to be, locked up in Police custody
26
**SASA 2012**
**Section 11**
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
you may conduct a warrantless search under this power **before** the person is locked up
27
**SASA 2012**
**Section 11**
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
28
**SASA 2012**
**Section 13**
Property taken from people locked up in Police custody
29
**SASA 2012**
**Section 13**
if you take money and/or items of property from a person under s11, you **must** return them when the person is released from custody, **unless** you consider that:
* any money or property may need to be given in evidence in proceedings arising out of a charge brought against the person
or
* possession of any money or property may constitute an offence
30
**SASA 2012**
**Section 13**
if the person is released from Police custody and placed in the custody of another person, money and property taken from them **must** be delivered to:
* the person who is taking over custody
or
* the person in charge of the facility the person is being moved to
***unless***
* any money or property may need to be given in evidence in proceedings arising out of a charge brought against the person
or
* possession of any money or property may constitute an offence
31
**SASA 2012**
**Section 91**
Application of rules about consent searches
32
**SASA 2012**
**Section 92**
Purposes for which consent search may be undertaken
33
**SASA 2012**
**Section 92**
you **may** conduct a consent search for one or more of the following purposes:
* 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
34
**SASA 2012**
**Section 92**
you **may** ask a person to consent to a search of:
* themselves
* a place
* a vehicle
or
* a thing apparently in their control
35
**SASA 2012**
**Section 93**
Advice that must be given before consent search undertaken
36
**SASA 2012**
**Section 93**
before you undertake a consent search you **must**:
* determine that the search is for a purpose authorised by s92
and
* advise the person of the reason for the proposed search
and
* advise the person that they may either consent to be searched *or* refuse to be searched
37
**SASA 2012**
**Section 94**
Circumstances where search is unlawful
38
**SASA 2012**
**Section 94**
a search by consent is unlawful if:
* it is not for a purpose set out in s92
or
* you fail to give the required advice as set out in s93
or
* consent is given by a person who does not have the authority to consent
39
**SASA 2012**
**Section 95**
ability of persons under 14 years to consent to searches of places, vehicles and other things
40
**SASA 2012**
**Section 95**
persons under 14 years of age are unable to consent to the search of:
* a place
or
* a vehicle
or
* other thing
41
**SASA 2012**
**Section 95**
a person who is under 14 years old and driving a vehicle can consent to a search of the vehicle if:
* there is no passenger over 14 years of age in the vehicle who:
-has authority over the vehicle, and
-is able to consent to the search of the vehicle
42
**SASA 2012**
**Section 96**
exceptions to consent search rules
43
**SASA 2012**
**Section 96**
sections 92 to 95 do not:
* apply to a search conducted as a condition of entry to any public or private place
or
* apply to a search conducted in accordance with a statutory search power
or
* affecting the rule of law relating to the implied licence to enter property
44
**SASA 2012**
**Section 14**
warrantless entry to prevent offences or respond to risk to life or safety
45
**SASA 2012**
**Section 14**
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 or any person that requires an emergency response
46
**SASA 2012**
**Section 14**
you **may**:
* enter the place or vehicle without warrant
and
* take any action that you have reasonable grounds to believe is necessary
-to prevent the offending from being committed or continuing
or
-to avert the emergency
47
**SASA 2012**
**Section 169**
Reporting use of powers
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.
48
**SASA 2012**
Sections you **do not** need to report on:
* s85 or s88 (search of a person following their arrest or detention under any enactment)
* s11 (search of a person in lawful custody)
* s91-96 (a consent search)
* s14 (exercise of a power of entry that does not confer a power of search)
49
**SASA 2012**
**Section 131**
Identification and notice requirements
When using a search power in relation to a **place**, **vehicle** or **other thing** (with or without a warrant), you **must** comply with a series of identification and notice requirements.
50
**SASA 2012**
**Section 131**
**Before initial entry** into or onto the place, vehicle or other thing to be searched, you **must**:
* Name (identify yourself)
* Intention (to enter and search place, vehicle or other thing)
*If there is a search warrant a copy must be given to the occupier of the place or person in charge of the vehicle or other thing*
If the power is exercised without a warrant:
* state the name of the Act (SASA 2012 or other statutory power)
* Reason for the search (unless it is impracticable to do so in the circumstances)
51
**SASA 2012**
**Section 131**
You are not required to: NIAR if you have reasonable grounds to **believe** that:
* no person is lawfully present in or on the place, vehicle or other thing to be searched, or
* complying with these requirements would:
- endanger any person's safety, or
- prejudice the successful use of the search and entry power, or
- prejudice ongoing investigations
52
**SASA 2012**
**Section 131**
If you undertook a search and the occupier or person in charge of the vehicle, place or other thing was not present, **before leaving** the place, vehicle or other thing searched you **must**:
* leave a copy of the search warrant, or
* leave a written notice stating Act & reason for search (if it was a warrantless search), or
* if not practicable to supply either of the above at the time the search completed, it must be supplied *no later* than 7 days after the search
53
**SASA 2012**
**Section 131**
You may use **reasonable** force to enter the place, vehicle or other thing if you have reasonable grounds to **believe** that:
* no person is lawfully present in or on the place, vehicle or other thing to be searched or
* announcing your intention and identifying yourself would:
* endanger any person's safety, or
* prejudice the successful use of the search and entry power, or
* prejudice ongoing investigations
**or** following a request, the person present refuses entry or does not allow entry within a reasonable time.
54
N.I.A.R stands for
**N**ame ("I am Constable SMITH)
**I**ntent to enter ("I itend to enter and search your vehicle")
**A**ct ("under the Search and Surveillance Act 2012")
**R**eason ("as I believe Donald GREEN is here and he has a warrant to arrest")
55
**SASA 2012**
**Section 110**
Power incidental to search of places and vehicles
56
**SASA 2012**
**Section 110**
Every search power authorises you to:
* **enter and search**
*the place, vehicle or other thing, any items found in that place, vehicle or other thing*
* **request assistance**
*with entry and search (from any person)*
* **use reasonable force**
* *on **property only** to search and lawfully seize*
* **seize**
*anything that is the subject of the search or anything else that may be lawfully seized*
* **bring and use**
*any equipment brought or found on the place, vehicle or other thing and also use electricity from the place, vehicle or other thing to operate equipment. A trained law enforcement dog and its handler can also be brought for use.*
* **copy**
*any documents may be lawfully seized*
* **use reasonable measures**
*to access computer systems/data storage device located (wholly or partly) at the place, vehicle or other thing*
57
**SASA 2012**
**Section 110**
Every search power authorises you to copy & take
explain what this means
* **Copy**
intangible material, or any other material that may be lawfully seized.
(includes previewing, cloning, or using forensic methods either before or after removal or examination)
* **Take**
photographs, drawings, sound and video recordings of the place, vehicle or other thing being searched and anything found there **if** you have reasonable grounds to **believe** they may be relevant to the purposes of the entry and search.
58
**Use of Force**
when searching vehicles and places, the following sections apply:
* **Section 131(3)**
* have to use force to **enter** a place or vehicle
*smashing a car window, forcing a dwelling door open*
* **Section 110**
* using force on property once you have gained entry
*forcing open vehicle glove box, or a cupboard door*
59
**Offensive weapons related powers**
Power to search
*warrantless powers*
* **Section 27**
searching **people** in **public places** without warrant if offence against S202A(4)(a) of the Crimes Act 1961 suspected
* **Section 28**
searching vehicles without warrant for offensive weapons
60
**Offensive weapons related powers**
Power to search
*Private property*
There is **no** power of search if the suspect is on private property
however, once a suspect is arrested, they can be searched pursuant to S88 SASA 2012 to locate the weapon.
61
**Offensive Weapons**
The powers of search & seizure *without* warrant relate only to...
public places
To search for offensive weapons anywhere other than a public place requires a search warrant or reliance on a different search power such as S88.
62
**SASA 2012**
Section 18
Warrantless searches associated with arms
63
**SASA 2012**
Section 18
under this section who could you search?
a person suspected of 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
* by reason of their physical or mental condition:
is incapable of having proper control of the arms, or
may kill or cause bodily injury to any person,or
* a PO is in force against the person under the FV Act 2018, or
* there are grounds to make an application against the person for a PO under the FV Act 2018, or
* a PSO is in force against a person under the FV Act 2018
64
**SASA 2012**
Section 18
you **may** do **any or all** of the following without warrant
* search the person
* search anything in their possession or under their control (incl a vehicle)
* enter a place or vehicle to search:
the person
anything in the person's possession or under their control (incl a vehicle)
* seize and detain any arms found
* seize and detain the person's firearms licence
65
**SASA 2012**
Section 18(3)
Powers in relation to category 3 or 4 offence
Under what circumstances can you enter (the place or vehicle), search, seize & detain any arms or firearms licences found there?
| 'arms' includes ammunition
If you have RGTS that there are arms in a place or vehicle **and**
* a category 3 or 4 offence or an offence against the Arms Act 1983:
-has been committed or
-is being committed or
-is about to be committed, or
* the arms may be evidential material in relation to a category 3 or 4 offence or an offence against the Arms Act 1983
66
# Offensive Weapons
**SASA 2012**
Section 27
when **may** you search without warrant?
If you have RGTS that:
a person is committing an offence against s202A(4)(a) of the Crimes Act 1961 (in a public place) then you may:
search the person:
* **detain** a person for the duration of the search: s125(1)(d)
* **search** anything the person is wearing or carrying, is in their physical possession or in their immediate control: s125(1)(i)
* **use reasonable force** to carry out the search of a person: s125(1)(e)
* **seize** anything the person is wearing, carrying, is in their physical possession or in their immediate control if that thing is the subject of the search or may otherwise be lawfully seized: s125(1)(j)
67
**SASA 2012**
Section 28
when **may** you search without warrant?
If you have RGTS that:
* a person travelling in a vehicle *(or who has exited from the vehicle)* is committing an offence against s202A(4)(a) of the Crimes Act 1961 (in a public place)
and
* the vehicle contains a knife, offensive weapon or disabling substance
68
**SASA 2012**
Section 28
Obligations?
* SASA **s131** - Identification & notice requirements, and
* SASA **s169** - Reporting use of powers (notifiable)
69
**SASA 2012**
Section 27
Obligations?
* SASA **s125** - Rules & obligations when searching persons, and
* SASA **s169** - Reporting use of powers *(notifiable)*
70
**SASA 2012**
Section 27
Searching **people in public places without warrant** if offence against section 202A(4)(a) of the Crimes Act 1961 suspected.
71
**SASA 2012**
Section 28
Searching **vehicles** without warrant for **offensive weapons**
72
**SASA 2012**
Section 7
Entry without warrant to arrest person unlawfully at large
73
**SASA 2012**
Section 7
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
74
**SASA 2012**
Section 8
If you have reasonable grounds to:
* **suspect** that a person has committed an offence 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 CADD
75
**SASA 2012**
Section 8
Entry without warrant to avoid loss of offender or evidential material
76
**SASA 2012**
Section 8
this section does not give you a power to search for...
evidential material
77
**SASA 2012**
Section 83
Entry without warrant after arrest
78
**SASA 2012**
Section 83
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 CADD
you **may**:
* enter that place without warrant to search for the evidential material (whether or not the person was arrested there)
79
**SASA 2012**
Section 83
in addition to searching a *place* this section is also intended to allow you to search a...
vehicle *at the place* you are searching
80
**SASA 2012**
Section 84
Warrantless entry and search of vehicle after arrest
81
**SASA 2012**
Section 84
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).
82
**SASA 2012**
Section 84
this section is *only intended* to allow you to search a vehicle in a...
public place
83
**SASA 2012**
Section 29
this section is *only intended* to allow you to search a vehicle in a...
public place
84
**SASA 2012**
Powers incidental to arrest or detention
* **s83** - entry without warrant after arrest
* **s84** - warrantless entry and search of a vehicle after arrest
85
**SASA 2012**
Stolen Property
* **s29** - power to search vehicles without warrant for stolen property
86
**SASA 2012**
Section 29
Power to search vehicles without warrant for stolen property
87
**SASA 2012**
Section 29
If you have reasonable grounds to **believe** that:
* any stolen property is in or on any vehicle
you **may**:
* search the vehicle without warrant
88
**SASA 2012**
Section 29
if the vehicle is on a private property you should...
seek a search warrant or use an alternative warantless power
89
**SASA 2012**
Seizure of items of uncertain status and in plain view
* **s112** - items of uncertain status may be seized
* **s123** - seizure of items in plain view
* **s133** - inventory of items seized
90
**SASA 2012**
Section 112
Items of uncertain status may be seized
91
**SASA 2012**
Section 112
If you are exercising a search power **and**:
* you are uncertain whether any item found may lawfully be seized
*and*
* it is not reasonably practicable 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
92
**SASA 2012**
Section 123
Seizure of items in plain view
93
**SASA 2012**
Section 123
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
you **may**:
seize any item(s) you (or anyone assisting you) find:
* in the course of carrying out the search
*or*
* as a result of observations at that place or in or on the vehicle
**and** you have reasonable grounds to **believe** that you could have seized the item under:
* any search warrant that you could have obtained
*or*
* any other search power you may exercise
94
**SASA 2012**
Section 123
items in plain view or of uncertain status can be seized during a search of a...
* place
* vehicle
* other thing
*or*
* a person
95
**SASA 2012**
Section 133
Inventory of items seized
96
**SASA 2012**
Section 133
If you seize anything as a result of a search of a place, vehicle or other thing, you **must** supply:
* a written notice (warantless search notice) or a copy of any search warrant/order (only if not provided on entry)
**and**
* an inventory specifying what has been seized
to...
* the occupier of the place
*or*
* the person in charge of the vehicle or other thing
*and*
* to every other person you believe is the owner of the thing seized
this needs to be done:
* at the time of the seizure
*or*
* as soon as practicable after the seizure
*or*
* in every case, no later than 7 days after the seizure.
If the person in charge of the vehicle or other thing or the occupier of the place is *not present* at the time of seizure, you **must** leave:
* a written notice (warrantless search notice) or a copy of any search warrant **and**
* an inventory specifying what has been seized
in a prominent position.
97
**SASA 2012**
Emergency Powers
* **s14** - warrantless entry to prevent offences or respond to risk to life or safety
| e.g. FH, 1X, 1M, Burgs on, Welfare, Medicals, Fire, Flood, EQ, Tsunami
98
**SASA 2012**
Wanted Persons
* **s7** - entry without warrant to arrest a person unlawfully at large
* **s8** - entry without warrant to avoid loss of offender or evidential material
99
**SASA 2012**
Consent Searches
* **s91** - application of rules about consent searches
* **s92** - purposes for which consent searches may be undertaken
* **s93** - advice that must be given before consent search undertaken
* **s94** - circumstances where search is unlawful
* **s95** - ability of persons under 14 years to consent to searches of places, vehicles or other things
* **s96** - exceptions to consent search rules
100
**SASA 2012**
Searches of Arrested or Detained Persons
* **s85** - rub-down search of arrested or detained persons
* **s85(2)** - rub-down search process of arrested or detained person
* **s86** - things that can be done to facilitate a rub-down search
* **s87** - rub-down search may include visual examination
* **s88** - warrantless search of a arrested or detained persons (for evidential material)
* **s11** - warrantless searches of people who are, or are to be, locked up in Police custody
* **s11(3)** - searching after a person has been locked up
* **s13** - property taken from people locked up in Police custody
101
**SASA 2012**
Vehicle Stops
* **s9** - stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences)
* **s10** - powers and duties of constable after vehicle stopped
102
**SASA 2012**
Section 9
Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences)
103
**SASA 2012**
Section 9
If you have resonable grounds to **suspect** that a person is:
* unlawfully at large
*or*
* has committed an offence punishable by imprisonment
*and*
* you have reasonable grounds to **believe** the person is in or on a vehicle
then you **may**:
* stop the vehicle without warrant to arrest the person
104
**SASA 2012**
Section 10
Powers and duties of a constable after vehicle stopped
105
**SASA 2012**
Section 10
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 RGT**S**:
* they are unlawfully at large
*or*
* they have committed an offence punishable by imprisonment
then you **may** also:
* search the vehicle to locate:
-the person the vehicle was stopped for ***if*** you have RGT**B** that person is in or on the vehicle
-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
106
**SASA 2012**
Section 10
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
107
**SASA 2012**
Stopping vehicles with *or* without warrant for purposes of search
* **s121(1)** - stopping a vehicle *without* a warrant for purposes of search
* **s121(2)** - stopping a vehicle to *execute* a search warrant
* **s122** - moving a vehicle for the purpose of search or safekeeping
* **s128** - duty to remain stopped
* **s129** - duty to provide information
108
**SASA 2012**
Section 121(1)
Stopping a vehicle **without** a warrant for purposes of search
109
**SASA 2012**
Section 121(1)
If you are satisfied that there are grounds to conduct a warrantless search under this Act, you **may**:
stop a vehicle to conduct the warrantless search
| e.g. s29, s84, s28, s20
110
**SASA 2012**
Section 121(2)
Stopping a vehicle to execute a search warrant
111
**SASA 2012**
Section 121(2)
If you are satisfied that a search warrant has been issued under this Act and it is in force, you **may**:
* stop a vehicle to execute the search warrant
112
**SASA 2012**
Section 121(1) & (2)
If you are exercising a power under these sections **you must on request** of any person affected by the stop:
* identify yourself by name or unique identifier
*and*
* state the Act under which the search is taking place and the reason for the search unless it is impracticable in the circumstances
*and*
* provide evidence of your identity if you are not in Police uniform
113
**SASA 2012**
Section 121(1) & (2)
Police policy states that when stopping a vehicle you **must** be:
* wearing a Police uniform or distinctive cap, hat or helmet with a badge of authority affixed to that cap, hat or helmet
**or**
* following immediately behind the vehicle and displaying flashing blue lights or flashing blue and red lights, **and/or** sounding a siren
114
**SASA 2012**
Section 122
Moving a vehicle for the purpose of search or safekeeping
115
**SASA 2012**
Section 122
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*
* RGTB that it is necessary to move the vehicle for safekeeping
you **may**:
* move the vehicle to another place
116
**SASA 2012**
Section 128
Duty to remain stopped
117
**SASA 2012**
Section 128
If you exercise a power to:
* stop a vehicle
*or*
* search a vehicle
you **may** require the vehicle to remain stopped for as long as is reasonably necessary to exercise any powers in relation to:
* the vehicle
*or*
* the occupants of the vehicle
118
**SASA 2012**
Section 129
If you exercise a power to stop a vehicle, as soon as you have stopped it, you **must** provide the driver with:
* your name or unique identifier
*and*
* the Act under which the search is taking place and the reason for the search unless it is impracticable to do so in the circumstances
*and*
* proof of your identity if you are not in Police uniform (Police policy)
119
**SASA 2012**
Section 129
Duty to provide information
120
**SASA 2012**
Road Blocks
* **s30** - obtaining authorisation for warrantless road block
* **s32** - authorised road blocks implemented without warrant
121
**SASA 2012**
Section 30
Obtaining authorisation for warrantless road block
122
**SASA 2012**
Section 30
If a senior constable (Sergeant / Acting Sergeant or higher) has...
* RGTB that in or on a vehicle there is a person they have RGTS:
-has committed an offence punishable by a term of imprisonment
*or*
-is unlawfully at large
*and*
* has RGTS 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 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
123
**SASA 2012**
Section 32
Authorised road blocks implemented without warrant
124
**SASA 2012**
Section 32
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 RGTS has committed an offence punishable by imprisonment, to state any or all of his or her name, address and DOB
* **search**
the vehicle for the purpose of locating the person who has committed an offence punishable by imprisonment or who is unlawfully at large if any constable has RGTB the person is in or on the vehicle
125
**SASA 2012**
Section 116(1)(a)
Secure place, vehicle or other thing
126
**SASA 2012**
Section 116(1)(a)
If you are carrying out any search of a place, vehicle or other thing, you may, in a reasonable manner and for a reasonable duration:
* secure the place, vehicle or other thing being searched
* secure any area in or on that place, vehicle or other thing
* secure any items found in or on that place, vehicle or other thing
127
**SASA 2012**
Securing a place, vehicle or other thing to be searched
* **s116(1)(a)** - secure place, vehicle or other thing
* **s116(1)(b)** - exclude person from place, vehicle or other thing
* **s116(2)** - obligations on request by affected persons
* **s118** - powers of detention incidental to powers to search places and vehicles
* **s119** - powers to search persons at a place or vehicle
* **s117** - entry where a search warrant is pending
128
**SASA 2012**
Section 116(1)(b)
Exclude person from place, vehicle or other thing
| contamination of scene
129
**SASA 2012**
Section 116(1)(b)
If you believe a person will obstruct or hinder any of the powers above, you **may**, in a reasonable manner and for a reasonable duration:
* exclude any person from the place, vehicle or other thing being searched
* exclude any person from any area within the place, vehicle or other thing
* give any reasonable direction to such a person
130
**SASA 2012**
Section 116(2)
Obligations on request by affected persons
131
**SASA 2012**
Section 116(2)
If you are exercising the powers above and any person **affected requests** it, you must:
* identify yourself by name or unique identifier
*and*
* state the name of the Act under which the search is taking place
*and*
* the reason for the search unless it is impractical to do so in the circumstances
*and*
* provide proof of your identity if you are not in Police uniform
132
**SASA 2012**
Section 118
Powers of detention incidental to powers to search places and vehicles
133
**SASA 2012**
Section 118
If you exercise a search power in relation to a place or vehicle
**and**
you need to determine if there is any connection between a person at the place or in or on the vehicle and the object of the search, then you **may**:
detain any person who:
* is in that place or in or on the vehicle at the start of the search
*or*
* arrives at the place while the search is being carried out
*or*
* stops at, or enters, or tries to enter the vehicle while the search is being carried out
134
**SASA 2012**
Section 118
when detaining a person, you **may**:
* detain them for a reasonable period but for no longer than the duration of the search: *s118(2)*
* use reasonable force to effect and continue the detention of the person at the search scene: *s118(4)*
135
**SASA 2012**
Section 119
Powers to search persons at a place or vehicle
136
**SASA 2012**
Section 119
if you exercise a power of search in relation to a place or vehicle you **may** search any person:
* found at the place or in or on the vehicle
*or*
* who arrives at the place
*or*
* who stops at, or enters, or tries to enter or get into or onto the vehicle
if either:
* you have RGTB that evidential material that you are searching for is on the person: *s119(1)*
*or*
* you have RGTS that the person has in their possession a dangerous item that poses a threat to safety, and you believe that immediate action is needed to address that threat: *s119(2)*
You **must** return any item seized to the person it was seized from (unless possession of the item constitutes an offence) s119(3).
* once the search has been completed
*or*
* you are satisfied that there is no longer a threat to safety
137
**SASA 2012**
Section 117
Entry where a search warrant is pending
138
**SASA 2012**
Section 117
If a search warrant application is about to be made or is being made:
**and**
* the application had not yet been granted or refused
**and**
* you **believe** on reasonable grounds that before the search warrant can be issued, evidential material may be CADD or **removed**
then at any time that is reasonable in the circumstances you **may**:
* enter and secure the place, vehicle or other thing
* and
* secure any item or items found there
* and
* direct any person to assist with the entry and securing of the place, vehicle or other thing or securing of items
You may only exercise this power until:
* the expiry of 6 hours after the power was first exercised
* or
* the search warrant is available for execution at that place or vehicle
* or
* the application for the search warrant is refused
139
**SASA 2012**
Section 117
Should a person fail to comply with a direction under this section, they can be arrested and charged under...
Section 176 of this Act
140
**SASA 2012**
Evidential Material
(serious offences)
* **s15** - entry without warrant to find and avoid loss of evidential material
* **s16** - searching people in public place without warrant for evidential material relating to certain offences
* **s17** - warrantless entry and search of a vehicle for evidential material relating to certain offences
141
**SASA 2012**
Section 15
Entry without warrant to find and avoid loss of evidential material
142
**SASA 2012**
Section 15
If you have RGTS 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** you have RGT**B** that:
* evidential material relating to the offence is in a place
*and*
* if entry is delayed in order to obtain a search warrant, the evidential material will be CADD
you **may**:
* enter and search the place without warrant
143
**SASA 2012**
Section 15
this section 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 which is covered by section 17
144
**SASA 2012**
Section 16
Searching people in public place without warrant for evidential material relating to certain offences
145
**SASA 2012**
Section 16
If a person is in a public place and you have RGTB that:
* the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more
you **may**:
* search the person without warrant
146
**SASA 2012**
s16, s21, s22
selected additional powers:
* s125(1)(d)
**detain** a person for the duration of the search
* s125(1)(i)
**search** anything the person is wearing or carrying or that is in their possession or immediate control
* s125(1)(j)
**seize** anything that person is wearing or carrying, is in their physical possession or in their immediate control if that thing is the subject of the search or may otherwise be lawfully seized
147
**SASA 2012**
Section 17
Warrantless entry and search of a vehicle for evidential material relating to certain offences
148
**SASA 2012**
Section 17
If a vehicle is in a public place **and** you have RGTB that:
* evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle
you **may**:
* enter and search the vehicle without warrant
149
**SASA 2012**
Section 17
this section *only* allows you to search a vehicle in a...
*public* place
section 15 allows you to search a vehicle if it is in a place you are searching
150
**SASA 2012**
Arms
* **s18** - warrantless searches associated with arms
151
**SASA 2012**
Drugs
* **s20** - warrantless search of places and vehicles in relation to Misuse of Drugs Act 1975 (MODA 1975) offences
* **s21** - warrantless searches of people found in or on places or vehicles
* **s22** - warrantless power to search for controlled drugs and precursor substances if offence suspected against MODA 1975
152
**SASA 2012**
Section 20
Warrantless search of places and vehicles in relation to Misuse of Drugs Act 1975 (MODA 1975) offences
153
**SASA 2012**
Section 20
If you have RGT**B** that in or on a place or vehicle there is:
* a controlled drug or precursor substance
*and*
* you have RGT**B** that it is not practicable to obtain a warrant
*and*
* you have RGTS that in or on the place or vehicle an offence against the MODA 1975:
-has been committed ***or***
-is being committed ***or***
-is about to be committed
*and*
* you have RGT**B** that if entry amd search is not carried out immediately evidential material relating to the suspected offence will be CADD
then you **may**:
* enter and search that place or vehicle without warrant
154
**SASA 2012**
Section 21
Warrantless searches of people found in or on places or vehicle
155
**SASA 2012**
Section 21
If you conduct a search of a place or vehicle under s20 you **may**:
* search any person found in or on the place or vehicle without a warrant
156
**SASA 2012**
Section 22
Warrantless power to search for controlled drugs and precursor substances if offence suspected against MODA 1975
157
**SASA 2012**
Section 22
If you have RGT**B** that a person is in possession of a controlled drug or precursor substance **and**:
* you have RGT**S** that an offence against MODA 1975:
-has been committed or
-is being committed or
-is about to be committed
then you **may** without warrant:
* search the person
158
**SASA 2012**
Offensive weapons
* **s27** - searching people in public places without warrant if offence against section 202A(4)(a) of the Crimes Act 1961 suspected
* **s28** - searching vehicles without warrant for offensive weapons
159
**SASA 2012**
Warrant Preference rule:
Under the SASA a *lawful* search is conducted:
* with a search warrant, *or*
* under a warrantless search power, *or*
* with the person's consent
160
**SASA 2012**
Warrant Preference rule:
Under the SASA a *reasonable* search is a search that:
complies with s21 of the NZ Bill of Rights Act and considers factors such as:
* the nature of the search
* how intrusive the search is
* where and when the search takes place
161
**SASA 2012**
Warrant Preference rule:
if applying for a search warrant is practicable in the circumstances...
you **should apply** for a search warrant even if a warrantless power is available.
162
**SASA 2012**
Warrant Preference rule:
if you decide to use a warrantless power you should have...
RGTB that it **is not** practicable to apply for a search warrant in the circumstances
163
**SASA 2012**
Decision Log
when deciding whether to apply for a search warrant, the following factors may be considered:
* time to gain approval and apply for a search warrant
* genuine belief that evidence will be CADD
* are there staff available to prepare a search warrant
* location of search and who is present
* can the scene be secured? s117
* is there continuing potential risk for the safety of any person? if risk immediate consider warrantless search/entry power
