Search & Surveillance - Sections & Definitions Flashcards
Define: Arms
Any firearm, airgun, pistol, restricted weapon, imitation firearm, or explosive (as per s2 arms act 1983), or any ammunition.
Define: Curtilage
Is a legal term used to define the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’.
It defines the boundary within which a homeowner can have a reasonable expectation of privacy and where ‘common home activities’ take place.
Define: Evidential material
In relation to a particular offence, means 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 are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport, or shop.
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.
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.
Section 7, S&S Act 2012
Enter place or vehicle, to search for and arrest a person who is unlawfully at large.
Without warrant.
RGTS: Person unlawfully at large
RGTB: The person is in or on the place or vehicle.
Section 8, S&S Act 2012
Enter place or vehicle, to search for and arrest a suspect, to avoid loss of offender (or avoid CADD).
Without warrant.
RGTS:
- To suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrest without warrant
RGTB:
- That the person is there.
- If entry is not effected immediately:
- (i) the person will leave to avoid arrest
- (ii) evidential material relating to the offence for which the person is to be arrest will be CADD.
Note: Section 8 does not give you a power to search for evidential material.
Section 9, S&S Act 2012
Stop vehicle, to arrest a person that is unlawfully at large or who has committed an offence punishable by imprisonment.
Without warrant.
RGTS:
- The person is unlawfully at large, OR
- They have committed an offence punishable by imprisonment.
RGTB:
- The person is in or on the vehicle.
Section 10, S&S Act 2012
Vehicle may be searched for evidence, if stopped under section 9, and the person is arrested or flees.
Without warrant.
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 all or any of his or her name, address, other contact details, and date of birth.
(b) SEARCH the vehicle to locate the person referred to in section 9, if the constable has reasonable grounds to believe that the person is in or on the vehicle.
(c) SEARCH the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under section 9, if the person referred to in section 9—
- (i) has been arrested; or
- (ii) is seen fleeing from the vehicle before he or she can be arrested.
Note: Before conducting a search under a power conferred by subsection (1)(c), a constable must tell the driver the object of the proposed search, if the driver is not the person referred to in section 9.
Section 15, S&S Act 2012
Enter and search a place for evidence if offence (has/is/about to be) committed.
Without warrant
14+ year offences
RGTB:
- CADD will occur
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.
