Sections Flashcards

(37 cards)

1
Q

When exercising a power to search someone what must you do?

A

RAN or RAIN-

RAN= reason of search, Act of search and name of person carrying out the search

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2
Q

What is section 14 of the search and surveillance act 2012?

A

Warrantless entry power for any body in risk or death, GBH or emergency.

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3
Q

What is section 123 of the search and surveillance act 2012?
“Look what I can see”

A

Power to seize any item in plain view when undergoing a search

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4
Q

What is section 113 of the search and surveillance act 2012?
“Come and help me”

A

Power of person called to assist police

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5
Q

What is section 125 of the search and surveillance act 2012?

A

It states the rules that apply for a search.

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6
Q

What is section 85 of the search and surveillance act 2012?

What is section 88 of the search and surveillance act 2012?

A

Run down search of a person arrested or detained.

S88-warrantless search of arrested or detained person for evidential material

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7
Q

What is section 110 of the search and surveillance act 2012?

A

Police power to undergo a search.
Power to use force to search locked items inside searched property.
Seizure of anything that is subject to the search.

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8
Q

Section 13 of the search and surveillance act 2012

A

Relates to property being taken from any person locked up or in police custody

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9
Q

Section 11 of the search and surveillance act 2012

A

Warrantless search of people who are about to be locked up in police custody

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10
Q

What is section 39 of the crimes act 1961?

A

Use of force to carry out an arrest or to execute a warrant or process

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11
Q

What is section 40 of the crimes act 1961?

A

The use of force to prevent a person trying to escape arrest or avoid arrest

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12
Q

What is section 41 of the crimes act 1961?

A

Use of force to prevent suicide or certain offences

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13
Q

What is section 42 of the crimes act 1961?

A

Justification of the use of force to prevent a person from breaching the peace

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14
Q

What is section 48 of the crimes act 1961?

A

Justification of the use of force in self-defence or the defence of another

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15
Q

What is section 62 of the crimes act 1961?

A

Justification of the use of excess force

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16
Q

What is section 25 of the crimes act 1961?

“You can’t go on mine”

A

Ability to use force to prevent any person from trespassing

17
Q

What is section 315 of the crimes act 1961?

A

A warrantless arrest of any person who is committing an imprisonable offence?

18
Q

What is section 7 of the search and surveillance act 2012?

A

Entry without power to arrest a person unlawfully at large

19
Q

Section 8 of the search and surveillance act 2012?

A

Warrantless entry to prevent loss of offender or evidential material

20
Q

In terms of evidential material, what does CADD stand for?

A

Conceal
Alter
Damage
Destroy

21
Q

What is section 83 of the search and surveillance act 2012?

A

A warrantless search after an arrest

22
Q

Section 114 of the Land Transport Act 1998

A

Power to stop a driver and obtain details of driver

23
Q

In Relation to land transport act 1998, what does NADPOO stand for?

A
N-Name
A-Address
D-Date of Birth
P-phone number
O-occupation
O -ownership of car
24
Q

Section 113 of the Land Transport Act 1998

A

General powers of transport legislation enforcement.

Can only use 113 if an offence has been committed by the person, e.g not wearing seatbelt

25
Section 116 of the Land Transport Act 1998
Powers of arrest of a person failed to comply with a direction given under section 113 and 114
26
Section 113 of the Land Transport Act 1998 | ‘Talk to me’
Any officer may demand details of a driver or any person in a vehicle that is committing an offence
27
Section 114 of the Land Transport Act 1998 | “Stop and tell me”
Stopping a driver of a vehicle and demanding NADPOO- details.
28
What does NADPOO stand for ?
``` N-name A-address D-date of birth P-phone number O-occupation O-ownership of the car ```
29
Section 115 of the Land Transport Act 1998 | “Car can’t drive” -stickers
The power to prohibit vehicles from being driven on the road
30
Section 116 of the Land Transport Act 1998 | “Handcuffs will fix”
Power to arrest without warrant any person who gives false details or fails to comply with given direction
31
Section 121 of the Land Transport Act 1998 | “Take keys you’re done”
On reasonable ground to believe can take keys off any person who is uncapable physically or mentally to drive or having full control of vehicle
32
Section 214 of the Orange Tamariki Act 1989
Power of arrest of a youth
33
What does WEEP stand for in terms of youth?
W-witness E-evidence E-ensure appearance in court P-prevent further offending
34
Section 39 of the Oranga Tamariki Act 1989 | “Just in time”
Warrant power to uplift a child who you have reasonable ground to believe is suffering ill treatment
35
Section 40 of the Oranga Tamariki Act 1989
Judges warrant to uplift a child
36
Section 42 of the Oranga Tamariki Act 1989 | “In the poo”
Warrantless entry to uplift a child you believe is in danger or being ill treated
37
Section 48 of the Oranga Tamariki Act 1989 | “Out too late”
A reasonable, necessary use of force to return a child found unaccompanied back to parent or guardian