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S&S > Sections/definitions > Flashcards

Sections/definitions Flashcards

1
Q

RGTS

A

Means:
A sound basis for suspecting that a situation or circumstance exist

*Record reasonable grounds in NB for decision log

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2
Q

RGTB

A

A sound basis for believing that a situation or circumstance exist

*Record reasonable grounds in NB for decision log

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3
Q

Under the S&S Act what is a lawful search?

A

A search conducted:

  • with a search warrant
  • under a warrantless search power
  • with the person’s consent
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4
Q

What is a reasonable search under the S&S Act?

A
  • a search that complies with S.21 of NZ BOR Act and considers factors such as
  • the nature of the search
  • how intrusive the search is
  • where/when the search takes place
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5
Q

Before considering any search, think whether it is practical in the circumstances.

A

If it is practical you SHOULD apply for a SW even if warrantless power is available.

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6
Q

Applying for a SW

When thinking about what is practical consider…?

A

Is there enough time to gain approval and apply for a SW

Can the scene be secured (S.117)?

Are reasonable resources available (including staff) to minimise risk?

Is the evidential material at risk?

Location of the search and who may be present?

*Record decisions in NB

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7
Q

Why is a search warrant preferred?

A
  1. Ensures judicial oversight
  2. Provides greater protection for police and public
  3. Requires recording and reporting of results
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8
Q

S.92

Before conducting a search by consent, you MUST determine the search is for one of the following reasons

A

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

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9
Q

Before conducting a search by consent what MUST you must advise the person?

A

The reason for the proposed search

They may consent or refuse to consent to the search

*stop searching if they withdraw consent

** Record in NB

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10
Q

Can a person U14 consent to a search of a place, vehicle or thing?

A

No.

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

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11
Q

Do you have to report a consent search under the S&S Act?

A

No

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12
Q

Tangible definition?

A

According to the Oxford English Dictionary tangible means something that may be touched.

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13
Q

Intangible definition?

A

According to the Oxford English Dictionary intangible means ‘unable to be touched’; not having physical presence.

eg. email address, internet data storage.

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14
Q

CADD

A

Concealed
Altered
Damaged
Destroyed

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15
Q

Concealed?

A

Burying or hiding items in another place or removing items.

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16
Q

Altered?

A

By changing or removing serial numbers from stolen property in an attempt to disguise it.

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17
Q

Damaged?

A

By cutting out the firewall of a stolen car to remove identifying feature.

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18
Q

Destroyed?

A

By consuming food, alcohol or drugs, burning clothing.

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19
Q

S.131

Obligations when searching a place, vehicle or other thing?

A

Identification (name &/or QID)

Intention - announce intention (enter/search)

Act - state name of act

SW - provide copy of SW

Detained persons (give BOR)

If using a warrantless power MUST state reason for search.

MUST also:
Provide a copy of the SW or warrantless search notice (POL 1275) + provide inventory of seized items.

Report powers used (S.169)

Consider privilege (S.136-147)

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20
Q

Section 131 - giving notice if executing a SW?

A

Provide a copy of the SW

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21
Q

Section 131

If executing a warrantless power?

A

State:
Act used
Reason for search
POL 1275 (Notice to Occupier)

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22
Q

Identification and notice - Exceptions

A

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

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23
Q

Can you force entry if executing a SW or warrantless power ?

A

Yes.

If the person refuses entry or does not allow entry within a reasonable time following request.

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24
Q

Can you force entry if no one is present?

A

Yes.
You may use reasonable force to enter place, vehicle or other thing if RGTB no one is lawfully present.

*MUST leave a copy of SW or POL 1275 & inventory of seized items ASAP (within 7 days)

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25
Q

S.110
Powers to search place vehicle other thing

What does S.110 authorise you to do?

A

Enter and search the place, vehicle or thing that you are authorised to enter and search.

Search any item found in that place, vehicle or other thing (if reasonable)

Use reasonable force

Seize anything that is subject of search + anything else that may be lawfully seized

Request assistance with entry/search

Bring and use any equipment found on the place, v + thing

Bring/use law enforcement dog & handler

Copy any doc, or part of any doc, that may be lawfully seized

Access computer system or other data storage device

Copy intangible material e.g. computer data

Take photos, sound and video recordings and drawings

26
Q

S.116

What if your search is impeded?

A

Under S.116
If you have RGTB any person will obstruct or hinder your search…

You can exclude that person from place, v , thing

Give any reasonable direction to that person

27
Q

S.116 powers?

A

SECURE the place, vehicle or other thing to be searched or any other thing found on that place

EXCLUDE any person from the place, v, thing or give any reasonable direction if RGTB person will obstruct/hinder

28
Q

S.117 powers?

A

1) Application for SW is about to or has been made and not yet been granted or refused, may
a) ENTER and SECURE the place, v or other thing. SECURE any items found there.
b) DIRECT any person to assist with entry and securing of p, v, thing + items
2) if RGTB evidential material will be CADD or removed

3) until:
Expiry of 6 hours
Warrant available
Application refused

4) MUST:
ID self
State name of Act
If not in uniform produce ID

29
Q

S.118 powers of detention?

A

For the purpose of determining whether there is any connection between a person and the object of the search, can detain any person -

a) who is at the place or in the vehicle at the commencement of the search.
b) who arrives at the place or stops at, or enters, or tries to enter, the vehicle while search is being carried out.

Reasonable force may be used for the purpose of effecting and continuing any detention

30
Q

S.119 powers

A

If you have a power of arrest. You can search ppl found when searching places or vehicles if you have RGTB evidential material that is object of the search is on that person, or

If RGTS the person is in possession of DANGEROUS ITEM that poses a threat to safety and you believe immediate action is needed to address that threat

31
Q

S.120 powers?

Fresh pursuit

A

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

32
Q

AWOCA?

A

Ask

Why

Options

Confirm

Action

33
Q

AWOCA

Ask (define)

A

Greet the person and identify yourself

Ask the person to comply with your search

34
Q

AWOCA

Why (define)

A

Give reasons for your actions

Intention (search S&S Act 2012)

35
Q

AWOCA

Options (define)

A

Present options

Allow search or arrested for obstruction

36
Q

AWOCA

Confirm (define)

A

Confirm options understood

37
Q

AWOCA

Action (define)

A

Take action

Arrest for obstruction

38
Q

Special rules for searching ppl

S.125(1)(i)

S.125(1)(j)

A

You can search any item that the person is wearing, carrying, has in their physical possession or immediate control.

Seize the item if it’s the item you are looking for.

May also seize the item if it can lawfully be seized.

39
Q

Detained person tries to leave.

S.118(4)

A

Can use reasonable force to detain them.

40
Q

If someone arrives at place or vehicle and starts talking to the person you have detained under S.118…

What can you do?

A

S.116(1)(b) - EXCLUDE if RGTB they will obstruct/hinder

S.118(1) - DETAIN to determine connection between them and object of search.

S.119(1) - SEARCH them if RGTB evidential material on them

S.119(2)(a) and (b) - SEARCH if RGTB in possession of dangerous item that poses a threat to safety

41
Q

Fresh Pursuit

S.120(1)(b)

A

Fresh pursuit - may enter house if RGTB evidential material you are searching for is still in the vehicle or on that person.

42
Q

Privileged material

A

Privilege allows holders of particular information to refuse to disclose this information.

No privilege applies if the information is made, received, compiled or prepared for a dishonest purpose or to enable a person to commit an offence.

43
Q

Recognised privilege material includes material gained through communication with… who?

A
  1. Legal advisers
  2. Ministers of religion
  3. Medical practitioners
  4. Clinical psychologists
  5. Informers (informants)
  6. Journalists
44
Q

Privilege procedures?

A

MUST:
Ensure that the person or their representative is present when the search is undertaken.

MUST:
Give the person a reasonable opportunity to claim privilege.

As soon as practical after being given the opportunity to claim privilege that person must provide you with a list of things which they claim are privileged.

MUST:
Provide receipt listing all documents seized, show to person and check for accuracy. MUST leave a copy.

Person may make a copy of any document before seized and they may object to the seizure.

If searching and have RGTB that anything discovered is privileged, then you MUST give them opportunity to claim privilege.

*If expecting claim of privilege - should not examine it/search it unless no claim made, claim withdrawn or search is in accordance with court directions.

45
Q

Search Warrant process

A
  1. Gain prior approval
  2. Gain online approval
  3. Gain issuing officer authorisation
  4. Plan and brief SW execution
  5. Execute SW
  6. Report outcomes
  7. File investigation records
46
Q

Applying for a SW - practical in the circumstances?

A

Certain situations with supervisor approval, you can:

Apply for SW orally

Apply for a search warrant without approaching an issuing officer in person (over phone)

  • MUST - make online application (S&S) as soon as possible
  • *Keep notes of content of oral application

Secure a scene while applying for a SW max 6 hours (S.117)

47
Q

Before making an online application for SW make sure…?

A
  1. Make sure RGTS offence punishable by imprisonment has been, will be, is being, or is about to be committed.

and

Make sure RGTB the search will find evidential material in respect of the offence in the place, vehicle, other thing or facility

  1. Have checked target(s) history in NIA for other SW applications/outcomes
  2. Have assessed the risks
  3. Have obtained initial approval from supervisor above rank of sgt
48
Q

Risks at a SW must be?

A

Identified
Assessed
Considered in planning how you execute the SW

  • risks must be assessed before application is approved and again before SW executed
49
Q

PARA

(Planned Action Risk Assessment) and CARD prompt must be completed and TENR applies to assess - what?

A

Threat
Exposure
Necessity
Response (measures to reduce risk)

50
Q

S.117 - powers when search warrant pending?

If SW application is about to be made or has been made and you are waiting to hear if it has been authorised AND you have RGTB evidential material may be CADD or REMOVED before SW issued, you may?

A

ENTER and SECURE a place, vehicle or other thing, and

SECURE any items found there, and

DIRECT any person to assist with entry and securing the place or vehicle or securing items in it

51
Q

S.117(1) - powers authorises the securing of the address until a SW is obtained. It is not a search power.

S.117 powers may be exercised until the first of what occurs?

A

a) the expiry of 6 hours from when the power is first exercised
b) the warrant is available for execution
c) the application for SW is refused

52
Q

Who can issue a SW?

A

District Court Judge
High Court Judge

or

Any person authorised by the Attorney General such as:

Justice of the Peace
Community Magistrate
Registrar
Deputy Registrar

53
Q

When will a SW be authorised?

A

When the issuing officer is satisfied that the SW application clearly shows the:

RGTS offence punishable by imprisonment has been, will be or is about to be committed, and

RGTB evidential material in respect to the offence will be found in place, vehicle, other thing

54
Q

What restrictions may an Issuing Officer put on a SW?

A

Restricting time when SW may be executed

Requiring occupier or person in charge to provide reasonable assistance to executing officer

Requiring a report on the SW within a specified time

55
Q

What should you do if a SW is refused?

A

Record Issuing Officers reasons

Redraft application with issues addressed

Re-submit application to same Issuing Officer

56
Q

Who may execute a SW?

A

The person whom it is directed or any Constable

57
Q

How long is a SW valid?

A

No more than 14 days from date of issue

No more than 30 days as specified by Issuing Officer if you have justified why this is necessary

58
Q

When can SW be executed?

A

At any time that is reasonable under the circumstances

or

At restricted time required by Issuing Officer

59
Q

When is a SW considered executed?

A

When you have seized the evidential material listed on the SW

or

You leave the place and don’t return within 4 hours

60
Q

How often can a SW be executed?

A

Once

unless

More than one execution is applied for, justified/authorised in the SW

S&S (1 decks)

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