Search Warrants

Question 1

Who should you seek approval from for Production order for Telco?

Answer 1

Must seek approval from your district approver before making an application directed to a telecommunications provider seeking information such as call, data or content

Question 2

What is a voluntary oral communication ?

Answer 2

A communication between our or more persons where at least one party in the communication gives their consent for the communication to be recorded

Question 3

Do you require a SDW for Voluntary Oral Communication?

Answer 3

There is no requirement to obtain a surveillance device warrant to intercept and record a VOC

Question 4

When will a SDW be authorized for use of an interception device for gathering evidental material?

Answer 4

• offences punishable by 7 or more years imprisonment
• identified arms act 1983 offences
• identified Pshycoactive substances Act 2013 offences

Question 5

What is the period for a Surveillance Device Warrant ?

Answer 5

No more than 60 days after the date on which the warrant is issued

Question 6

Who can apply for a Production Order ?

Answer 6

An enforcement officer may apply to an issuing officer

Question 7

What is the duration of a Production Order ?

Answer 7

A Production Order is in force for the period specified in the order not exceeding 30 days

Question 8

What is the requirement to report for use of a surveillance device in a situation of urgency or emergency ?

Answer 8

S60 - when a warrantless surveillance power is exercised, the enforcement officer must provide a notification to a judge within 1 month after the date of the last day of any 48 hour period or less, over which the surveillance device was used

Question 9

You must gain approval for us of an interception device in an emergency situation from a Detective Inspector, unless ?

Answer 9

-the immediate of the situation does not allow for prior planning & approval from a DI in consultation with legal services &
- statutory criteria is met &
- an opportunity arises to obtain evidental material that would otherwise be lost, if not taken at the time.

Question 10

What is a Production Order ?

Answer 10

Production orders are made under s74 of the search and surveillance act 2012,requiring a person or organization to produce documents to enforcement agencies as evidential material of a specified offence.

Question 11

Who can use a tracking device ?

Answer 11

A tracking device may only be used with assistance of specialist squads.

Covert surveillance using sophisticated surveillance device must be undertaken only by specialist trained officers

Question 12

What are the set procedures when a search involves privileged material ?

Answer 12

You must
- ensure that the person or their representatives are present when the search is undertaken
- give the person a reasonable opportunity to claim privilege

Question 13

What is a surveillance device warrant?

Answer 13

A surveillance device is a device that assists & enhances your normal capabilities to carry out surveillance

Question 14

3 types of surveillance devices?

Answer 14

• visual surveillance device
• interception device
• tracking device

Question 15

When can a SW be executed ?

Answer 15

• At any time that is reasonable under the circumstances
• At a restricted time required by the issuing officer as a condition of execution

Question 16

Discuss Section 116

Answer 16

You can secure a place, vehicle, or other thing to be searched and execute any person there

Question 17

What are you identification obligations

Answer 17

S131 - when searching a place, vehicle or other thing you must comply with obligations set out in s131
- identification (name or QID)
- intention
- reason
- notice

Question 18

S131 in more detail

Answer 18

• identify yourself (name or QID)
• provide evidence of ID it not in uniform
• announce your intention to enter and search
• state the name of the act
• give notice by providing a copy of the SW
  remember that when you have detained a person for the purpose of the search you must read them their BOR

Question 19

What should you do before conducting a search by consent ?

Answer 19

You must advise the person consenting:
- of the reason for the proposed search &
- they may consent or refuse to consent to the search

Question 20

How long is a search warrant valid ?

Answer 20

No more than 14 days from the date of issue as specified by the issuing officer OR
No more than 30 days from the date of issue as specified by the issuing officer, if you have justified why this is necessary and the issuing officer is satisfied

Question 21

CADD descriptions

Answer 21

• concealed, burying, or hiding items in another place or removing items
• altered, changing, or removing serial numbers from stolen property in attempt to hide it
• damaged, cutting out firewall of a stolen vehicle to remove the identifying feature
• destroyed, consuming food, alcohol or drugs, burning clothing etc

Question 22

What does tangible mean ?

Answer 22

Something that may be touched

Question 23

What does intangible mean ?

Answer 23

Unable to be touched. Not having a physical presence.
E.g an email address

Question 24

When should an application to postpone be presented to the judge ?

Answer 24

• at the time of the search warrant application or,
• before 7 days has passed after the SW execution

Question 25

S123 - items in plain view

Answer 25

You may seize any item found in plain view when you are searching or that you observe if: - you have RGTB that you could have seized the item under a SW or other search power

Question 26

What are the two options available if it is not practicable in the circumstances to apply for a search warrant ?

Answer 26

- search using warrantless search power - search by consent ( not the most desirable as there are additional rules that apply & these must be followed if the search is to be lawful)

Question 27

When is a SW considered executed ?

Answer 27

When you or anyone assisting you have seized the evidental material in the sw OR Leave the place, vehicle or other thing to be searched and do not return within 4 hours

Question 28

When can powers of S117 be exercised till ?

Answer 28

- the expiry of 6 hours from when the power is first executed, or - the warrant application is refused - the warrant is available for execution at the place, vehicle or in respect of that other thing

Question 29

Section 120

Answer 29

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

Question 30

What is a lawful search?

Answer 30

Under the S&S Act a lawful search is a search that is conducted: - with a search warrant, or - under a warrantless search power, or - with a person's consent

Question 31

What is a reasonable search ?

Answer 31

Under S&S a reasonable search is a search that: - complies with S21 of the NZ BOR act and considers factors such as: - the nature of the search - how intrusive the search is - where & when the search takes place

Question 32

Why use a search warrant ?

Answer 32

1: ensures judicial oversight 2: Provide greater protection for Police & the public 3: Requires recording & reporting of results

Question 33

What if there is no one at the place when the SW is conducted ?

Answer 33

You may use reasonable force to enter the place, vehicle or other thing, if you have RGTB that no one is lawfully present. - leave a copy of SW or a POL1275 & an inventory of any material seized *this must be done asap after the search & must be provided within 7 days*

Question 34

How often can a search warrant be executed ?

Answer 34

Once, unless more than one execution is applied for, justified and authorized in a search warrant. You must detail the reason for multiple entries

Question 35

What to do if a person refuses entry during SW ?

Answer 35

When executing a SW or warrantless search power of a place, vehicle or other thing you may use reasonable force to enter if the person refuses entry or does not allow entry within a reasonable time, following the request.

Question 36

What if your search is impeded?

Answer 36

If your search is impeded by any person of you have RBTB that any person would obstruct or hinder your ability to search then you could use S116.

Question 37

S118

Answer 37

Detain people when searching places & vehicles for the purposes of determining whether there is any connection between a person at the place or in or ojnthe vehicle and the object of the search

Question 38

S119

Answer 38

You can search people found when searching places & 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 person is in possession of a dangerous item that poses a threat to safety & you believe that immediate action is needed to address the threat.

Question 39

S112 - items of uncertain status

Answer 39

If you are carrying out a lawful search & it is not reasonably practicable to determine whether any item can be lawfully seized, you may: - remove the items for examination or analysis off site to determine if you can seized them lawfully

Question 40

What are the exceptions to S131 ?

Answer 40

- RGTB no one present - endanger any persons safety - prejudice the successful use of the entry & search power - prejudice the ongoing investigations

Question 41

Break down AWOCA

Answer 41

- Ask - greet and ID yourself, ask them to comply with the search - Why - give reasona for your actions, •intention to search under S&S • based on belief or suspicion -Options - present options •allow search or •be arrested for obstruction -Confirm - that they understand the options -Action - take action

Question 42

S110 authorises you to:

Answer 42

-Enter & search the place, vehicle or other thing, that you are authorized to enter & search -search any items found in that place, vehicle or thing if reasonable -use reasonable force in respect of any property for the purpose of carrying out the search & lawful seizure - seize anything that is subject of the search or anything else that may be lawfully seized -request assistance with entry &search -bring &use any equipment found on the place, vehicle or thing -bring/use trained law enforcement dog handler -copy any document part of that may be lawfully seized -access computer system/data storage - take photos or videos

Question 43

Practicable in the circumstances

Answer 43

Before considering a search, you must think about whether applying for a SW is practicable in the circumstances. If it is at all practicable to do so, then you should apply for a search warrant even if a warrantless power is available. A decision that applying for a SW is not practicable must be based on RGTB that it is not practicable to to apply for a SW in the circumstances.

Question 44

What questions should you consider when deciding what is practicable ?

Answer 44

- is there time to gain approval & apply for a search warrant - can scene be secured (117) - are reasonable resources (including number of staff) available to minimize risk and ensure safety -is the evidential material at risk -location of the search and who may be present *remember to record your decision log*

Question 45

Give four reasons you must determine before conducting a consent search

Answer 45

-to prevent commission of an offence -to investigate whether an offence has been committed -to protect life or property - to prevent harm or injury One or more of these must apply to justify a consent search

Question 46

List the 7 key steps in the search warrant process

Answer 46

1 Gain prior approval 2 Gain online approval 3 Gain issuing officer authorisation 4 Plan & Brief search warrant execution 5 Execute search warrant 6 Report outcomes 7 File investigation records

Question 47

S117

Answer 47

If a SW application is about to or has been made & you're waiting to hear if it has been authorized & you have RGTB that evidental material may be CADD or removed before the search warrant can be issued you may: - enter & secure the place, vehicle or other thing & - secure any item found there & - direct any person to assist with entry & securing the place, vehicle or securing items in it

Question 48

What to do if the authorizing officer does not sign the SW application?

Answer 48

- record the issuing officers reason for refusing to sign - consider the issues raised & if possible re-draft the application, ensuring you have addressed these issues. -resubmit the application to the same issuing officer

Question 49

What restrictions can an issuing officer put on a SW ?

Answer 49

- restrictions on time when the SW can be reasonably executed - requiring the occupier / owner in charge of the place to provide reasonable assistance to the officer executing the SW - requiring a report on yhe SW within a specified time

Question 50

Who can issue a SW ?

Answer 50

Issuing officers are the only people who may issue a SW An issuing officer may be: - District court judge - High court judge Any person authorized by the attorney general, such as: - a justice of the peace - community magistrate - registrar - deputy registrar

Question 51

What to do if a person refuses a search ?

Answer 51

Work through AWOCA to warn the person & arrest for obstruction if needed. You can then carry out a S85 (rub down) or S88 (warrantless search of arrested or detained persons) search

Question 52

Hearsay evidence- Production Order

Answer 52

Hearsay evidence can be used to outline the grounds on which the application is made, if it is highly reliable..indicate its reliability by stating: • sufficient information to prove reliability of what has been stated • the informants' reliability & whether they have given reliable information in the past " in the past informant A supplied police with information that has proved reliable" - whether the information has been confirmed by other means

Question 53

What is a visual surveillance device?

Answer 53

A) means any electronic, mechanical, electromagnetic, optical or electro optical instrument or apparatus equipment or other device that is used to observe or to observe & 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.

Question 54

Inception device

Answer 54

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 intercept or record a private communication, but B) does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.

Question 55

Tracking device

Answer 55

A) means a device that may be used to help ascertain by electronic or other means, either or both of the following: - the location of a thing or person - whether a thing has been opened, tampered with or in some other way dealt with, but B) Does not include a vehicle or other means of transport, such as a boat *Requires surveillance device warrant

Question 56

What to do if you are expecting a claim of privilege ?

Answer 56

Secure the thing that is subject to privilege • do not continue to search or examine it • you should not undertake any other investigations in reliance on it, unless: - no claim of privilege is made,or - a claim is withdrawn, or - the search is in accordance with the directions of the court determining the claim of privilege.

Question 57

Describe recognized privilege material ?

Answer 57

Recognized privilege material included material gained through communications with: - legal advisors - Minister of religion - medical practitioner - clinical psychologist - informants - journalists No privilege applies if the information is made or received or complied or prepared for a dishonest purpose or to enable or aid any person to commit an offence

Question 58

Private communication definition

Answer 58

Means a communication (oral or written) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication but B) does bit include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so.