SS01 Searching poeple

Question 1

What are S.125 obligations?

Answer 1

If exercising a search power to search a person you MUST:

• Identify themselves by name or unique identifier (show ID if not in uniform)
• State the name of the enactment under which the search is taking place
• State the reason for the search

Remember RAN

Question 2

Give an example of R.A.N (Reason, Act, Name) under S.125;

Answer 2

(State your name)“My Name is Constable ________ from the ________ Police Station”

(What act are you using) “Under the Search and Surveillance Act 2012 I am going to search you”

(Give reason for search) “to ensure you don’t have anything that may harm any person or facilitate your escape”

Question 3

When can you use Section 85? - Rub-down search of arrested or detained person

Answer 3

When a person has been arrested or detained under a statutory power of detention, you can search that person to ensure they are not carrying anything that may be used:-

to harm any person; or
to facilitate the person’s escape.

The search must be lawful and reasonable.

Question 4

What is Section 85 – Rub-down process?

Answer 4

If conducting a rub-down search you may do any or all of the following:

• 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 (other than the underclothing) of the person being searched.

May also require for person to;

• open their mouth
• display the palms of their hands
• display the soles of their feet
• lift or rub their hair

Question 5

When you are conducting a rub-down search you may require the person being searched to what?

Answer 5

• remove, raise, lower or open any outer clothing such as a coat, jacket, jumper, cardigan
• remove any head covering, gloves, footwear, socks, stockings

Question 6

What does Section 88 cover? - Warrantless search of arrested or detained person for evidential material

Answer 6

Is for anybody you have arrested or detained and
you have reasonable grounds to believe (RGTB) the person is carrying (or has on them) anything that:

(a) may be used to harm any person

(b) may be used to facilitate the person’s
escape

(c) is evidential material in relation to
the offence they were arrested for.

Question 7

What may you do under Section 11? - Warrantless searches of people who are to be locked up in Police custody

Answer 7

You may search any person who has been taken into lawful custody and is or is about to be ‘locked up’.

This is a custody search and would take place after a section 85 or 88 search.

Question 8

What is primary purpose of section 11?

Answer 8

The search is not to look for or seize evidential material but to protect the detained person’s property and remove items that might be used to harm themselves or others.

This power may be exercised before the person is locked up.

Question 9

What are some examples of ‘locked up’?

Answer 9

Interview room

Cell

Charge room

Question 10

Section 11(3) provides what?

Answer 10

Chance to search person again if;

The person was not searched beforehand

You reasonably suspect that they have been close to a person who has not been locked up in police custody

You reasonably suspect they have been close to a person who has been locked up but not searched yet

You have RGTB the person may have anything that may be used to harm themselves or others.

Section 11 search should only be conducted once however, the above are the exception.

Question 11

Section 13 provides what? - Property taken from people locked up in Police custody

Answer 11

Any money and /or items of property taken from a person under section 11 must be returned to them when they are released unless;

That money/property may be given in evidence or

Possession of that money/property constitutes an offence

If custody of that person changes the money/property 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

Question 12

Consent Searches under Sec 92 undertaken for what purpose?

Answer 12

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

Question 13

Under Sec 92, you may ask a person to consent to a search of what?

Answer 13

themselves
a place
a vehicle or
a thing apparently in their control

Note: If you have a statutory power to search then you must use it.

Question 14

Good cause to suspect means we can what?

Answer 14

Means we can K9

Question 15

What does Sec 94 cover? Circumstances where search by consent unlawful

Answer 15

A search by consent is unlawful if—

(a) it is not for a purpose set out in section 92
(b) the enforcement officer fails to comply with section 93(a), (b), or (c)
(c) the search is undertaken in reliance on a consent given by a person who does not have authority to give that consent

Question 16

What does Sec 94 cover? Circumstances where search by consent unlawful

Answer 16

A search by consent is unlawful if—

(a) it is not for a purpose set out in section 92
(b) the enforcement officer fails to comply with section 93(a), (b), or (c)
(c) the search is undertaken in reliance on a consent given by a person who does not have authority to give that consent

Question 17

What does Sec 95 cover?

Answer 17

Ability of persons under 14 years to consent to searches of places, vehicles, or other things

Question 18

Under Search and Surveillance Act 2012 the term reasonable means;

Answer 18

Under the S&S Act 2012 a reasonable search is a search that:
Complies with S.21 of the NZ BORA

Considers factors such as:

• The nature of the search
• How intrusive the search is
• Where and how the search was undertaken

Question 19

Under Search and Surveillance Act 2012 the term lawful means;

Answer 19

A search that is conducted with one of the following:

• With a search warrant
• Under a warrantless search power
• With the person’s consent

Question 20

What steps should you take if the person withdraws their consent for you to search, even if you have started?

Answer 20

Stop the search immediately, unless you can invoke a warrantless search power to continue your search

Question 21

Explain the difference between reasonable grounds to believe (RGTB) and reasonable grounds to suspect (RGTS);

Answer 21

RGTB: means having a sound basis for believing that a situation or circumstance exists.

RGTS: means having a sound basis for suspecting that a situation or circumstance exists.

RGTB requires a higher standard of proof than that of RGTS.

Question 22

S.22 S&S Act 2012 provides a warrantless power of search of a person for?

Answer 22

Drugs

Must have RGTB person is in possession of a controlled drug

and

Have RGTS an offence against the misuse of Drugs Act 1975 has or is being committed in respect of that controlled drug

Question 23

S.18 S&S Act 2012 provides warrantless power of search, of a person for what?

Answer 23

Firearms

Must have RGTS and any 1 or more of the circumstance exist;

The circumstances are that the person is carrying arms, or is in
possession of them, or has them under his or her control, and—
(a) he or she is in breach of the Arms Act 1983; or

(b) he or she, by reason of his or her physical or mental condition
(however caused),—
(i) is incapable of having proper control of the arms; or
(ii) may kill or cause bodily injury to any person; or

(c) that, under the Domestic Violence Act 1995,—
(i) a protection order or a police safety order is in force against the
person; or
(ii) there are grounds to make an application against him or her
for a protection order

Question 24

S.27 S&S Act 2012 provides warrantless power of search, of a person for what?

Answer 24

An offensive weapon

A constable who has RGTS that a person is committing an offence
against s.202A(4)(a) of the Crimes Act 1961 (which relates to
possession of knives, offensive weapons, and disabling substances)
may, without a warrant, search the person.

Question 25

What is the order in which you may search someone?

Answer 25

1- Good cause to suspect
2- K9
3- Bill of rights
4- RAN (reason, act, name)
5- Search

Question 26

What does Sec 93 cover? Advice that must be given before consent search undertaken

Answer 26

Before conducting a search by consent, the enforcement officer who proposes to conduct it must—
(a) determine that the search is for a purpose authorised by section 92

(b) advise the person from whom consent is sought of the reason for the proposed search
(c) advise the person that he or she may either consent to the search or refuse to consent to the search