STG study Flashcards by Caleb Kahotea

S8 - Entry without warrant to avoid loss of offender or evidential material

If you have reasonable grounds:

-to SUSPECT that a person has committed an offence punishable by imprisonment for which they can be arrested without warrant

And

-Believe at the person is in a place or vehicle

And

-Believe that, if entry is not effected immediately, EITHER or BOTH of the following may occur

1) the person will leave the place or Vehicle to avoid arrest
2) evidential material relating to the offence for which the person is to be arrested will be Concealed, Altered, Damaged or Destroyed.

You may?.–

Enter that place or vehicle without warrant

And

Search for and arrest the person you suspect has committed the offence.

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S9 - vehicle stops.

Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable)

-if you have reasonable grounds to suspect that a person is

1)unlawfully at large
Or
2) has committed an offence punishable by imprisonment
And
3) you have reasonable grounds to believe the person is in or on a vehicle

You may ??–

stop the vehicle warrant to arrest the person.

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You stop a vehicle without warrant.

What circumstances allow this?

You have reasonable grounds to suspect that a person is

1) unlawfully at large
2) has committed an offence punishable by imprisonment
3) you have reasonable grounds to BELIEVE the person is in or on a vehicle.

S9 - Ss 2012

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You stop a vehicle without warrant under section 9 due to having rasonable grounds to suspect. Person. In that vehicle is unlawfully at large, or has committed an offence punishable by imprisonment and believe that person is in that vehicle.

Police policy states you must?

Be wearing a police uniform or distinctive cap, hat helmet or badge of authority fixed to that cap, hat or helmet or,

Be following immediately behind the vehicle, and displaying red and blue flashing lights and or sounding a siren.

You must produce ID if not in uniform.

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S10 -powers and duties of Constable after vehicle stopped

If you are exercising the stopping power under section 9, you may-

require any person in or on the supply to supply all or any of their name, address, other contact details or dob IF you have reasonable grounds to suspect
they are unlawfully at large,
they have committed an offence punishable by imprisonment.

You may also

Search the vehicle to locate the person the vehicle was stopped for, if you have reasonable ground to believe the person is in or on the vehicle,

Search the vehicle to locate evidential material in relation to any offence in respect of which the vehicle was stopped if the person sought

has been arrested,
is seen fleeing from the vehicle before they can be arrested.

Also, if the driver is not the person the vehicle was stopped for, you must advise them of the object of the search before conducting the search.

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S 18 Warrantless searches associated with Arms

If you or any constable have reasonable grounds to suspect that a person who is carrying arms, or is in possession of them or has them under is control and

the person is in breach of the arms act 1983
the person, by reason of their physical or mental condition, is incapable of having proper control of the arms

-the person by reason of their physical and mental condition may kill or cause bodily injury to any person

-a protection order is on force under the domestic violence act 1995

-the are grounds to make an application for a Protection orders der the domestic violence act 1995

-there is a police safety order in force against the person under the domestic violence act 1995

Then you may??—

Search the person

Search anything in their possession or under there control including a vehicle

Enter a place or vehicle to search

-the person or anything in the persons possession or under their control

Seize and detain any arms found there

Seize and detain the persons firearms licence.

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You have reasonable grounds to suspect that a Person who is carrying arms, or is in possession of them or has them under control

Is-

In breach of the arms act 1983

The person, by reason of their physical or mental condition is incapable of having proper control of the arms

By reason of their physical and mental condition may kill or cause bodily injury to any person

A protection order, police safety order or grounds for an application for one are in place or considered under the Domestic Violence Act 1995..

Under what section can you take action and what may you do?

S 18 a warranted searches associated with arms

You may-

Search the person,

(Enter a place or vehicle to )Search anything in their possession or under their control including a vehicle

Seize and detain any arms found

Seize and detain firearms licence

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S20 Warrantless search of places and vehicles in relation to some misuse of drugs act 1975 offences

if you have reasonable grounds to believe tha in or on a place or vehicle there is a-
controlled substance or precursor substance

And

-you have reasonable grounds to believe that it is not practicable to obtain a warrant

And

-you have reasonable grounds to suspect that in ore on the place or vehicle,an offence against the MODA 1975

Has been,
Is being
Or is about to be committed

And
-you have reasonable grounds to believe that if an entry and search is or carried out immediately, evidential material relating to the offence will concealed slated, damaged or destroyed..

Then you may??–

Enter and search the place or vehicle without warrant

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S21 Warrantless searches of people found on or on places or vehicles.

If you conduct a search under s20, you may-

Search any person found in or on the place without a warrant.

Additions powers allow you too (s21) ??

Detain any person for the duration of the search to enviable the search to be carried out :s125

Search anything the person is wearing or is under their immediate control.

Seize anything that the person is wearing or carrying, is in their possession or in their immediate control if that thing is the subject of the search or may otherwise be lawfully be seized.

Under s125 (1)(j)

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S22 - Warrantless power to search for controlled drugs and precursor substances if offence suspected against MODA 1975

-if you have reasonable grounds to believe that a person is in possession of a controlled drug or precursor substance and

you have reasonable grounds to suspect that an offence against the
MODA 1975

has been committed
Is being committed
Is about to be committed

Then you may??–

Search the person without warrant

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You exercise a search power under s 22 Warrantless search for controlled drugs and orecursor substances..

What must you tell the subject (person to be searched in accordance with S125)?

You must-

Identify yourself

State the act and reason for the search

Show ID if not in uniform

Complete online notification

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S27- searching people in public places without warrant if offence against section 202A (4) (a) of the crimes act 1961 is suspected.

If you have reasonable grounds

-to suspect an offence against s202A(4)(a) of the crimes act 1961 (in a public place)

You may without warrant?

Search the person

You may also also detain for the purpose of the search, use reasonable force, seize anything they are wearing or is under their control, if that thing is the subject of the search or can be lawfully seized.

S125 applies.

You must identify yourself, state the act and reason for search, show ID I’m not in uniform and complete online notification.

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S28- searching vehicles without warrant for offensive weapons.
If you have reasonable grounds to suspect that

-a person travelling in or on a vehicle (or who has exited rom the vehicle) is committing an offence against 202(A)(4) of the crimes act 1961 (in a public place)

And

The vehicle contains a knife, offensive weapon or disabling substance.

You may?-

Search the vehicle without warrant.

You may stop the vehicle, require the vehicle to remain stopped for duration of search, exclude anyone or give reasonable direction to any person, detain any person to determine connection between object and person, use reasonable force

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S7 Wanted persons

Entry without warrant to arrest persons unlawfully at large.

If you have reasonable grounds:

-to suspect a person Is unlawfully at large

AND

-to BELIEVE that the person is in a place or vehicle

You may??–

Enter the palace of vehicle without warrant to search for and arrest that person.

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Section 7- Entry without warrant to arrest person unlawfully at large

-If you have reasonable grounds
1) to suspect that a person is unlawfully at large
AND
2) to believe that the person is in a place or vehicle

you may…?

Enter the place or vehicle without warrant to search for and arrest the person.

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s.8 Entry without warrant to avoid loss of offender or evidential material

If you have reasonable grounds to:
1) Suspect that a person has committed an offence punishable by imprisonment for which they may be arrested without warrant

And believe that the person is in a place or vehicle and believe that if Entry is not effected immediately either or both of the following may occur:

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the person will leave the place or vehicle to avoid arrest
the evidential material relating to the offence for which the person is to be arrested will be concealed, altered, damaged or destroyed.

S.9 Vehicle stops

Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (Imprisonable)

-if you reasonable grounds to suspect that a person is:

Unlawfully at large

Has committed an offence punishable by imprisonment

And

You have reasonable grounds to believe the person is in or on a vehicle

You may?

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Stop the vehicle without warrant to arrest the person.

You must be wearing uniform, distinctive cap, hat or helmet with a bade of authority affixed to that cap hat or helmet and following immediately behind with flashing red and or blue lights and or sounding a siren

s10 Powers and duties of a constable after vehicle stopped

If you are exercising any power under section 9 you may:

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Require any person in or on the vehicle to supply all or any of their name, address, other contact details and DOB IF you have reasonable grounds to suspect

they are unlawfully at large
they have committed an offence punishable by imprisonment

Stopping vehicles with or without warrant for purposes of search

s121- Stopping a vehicle without a warrant to conduct a search

If you are satisfied that there are grounds to conduct a warrant less search under this act, you may..

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Stop a vehicle to conduct the warrantless search.

s121 stopping a vehicle with or without warrant for purposes of search

S121 (2) Stopping a vehicle to execute a search warrant

If you are satisfied that a search warrant has been issued under this act and it is in force, you may..

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Stop a vehicle to execute the search warrant

If you are exercising a power under s 121 (1) or (2) you MUST on request of any person affected by the stop:

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-identify yourself by name or unique identifier

AND

-State the Act under which the search is taking place and the reason for the search unless it is Impracticable in the circumstances

AND

Produce evidence of identity if not in Police uniform.

s122 - Moving a vehicle for the purpose of search and or safekeeping

If you find or stop a vehicle and you have lawful authority to search the vehicle, but it is impracticable to do so at the place

Reasonable grounds to believe that it is necessary to move the vehicle for safekeeping

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You may move the vehicle to another place

s128 - Duty to remain stopped

If you exercise a power to:

Stop a vehicle

Search a vehicle

You may..

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Require the vehicle to remain stopped for as long as is reasonably necessary to exercise any powers in relation to-

1) the vehicle
2) the occupants of the vehicle

s129- Duty to provide information

If you exercise a power to stop a vehicle, as soon as you have stopped it, you must provide the driver with-

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your name or unique identifier (QID)
the Act under which the search is taking place and the reason for the search unless it is impracticable to do so in the circumstances.

AND

Proof of your identity if not in uniform

s18- Warrantless searches associated with arms If you or any constable have reasonable grounds to suspect that a person who is carrying arms, or is in possession of them or has them under his control AND - the person is in breach of the Arms Act 1983 - the person, by reason of their physical or mental condition, is incapable of having proper control of the arms - the person, by reason of their physical or mental condition, may kill or cause bodily injury to any person - a protection order is in force against the person under the Domestic Violence Act 1995 - A PSO is in force against the person under the Domestic Violence Act 1995 Then you may do any or all of the following without warrant..

- Search the person - search anything in their possession or under their control (including vehicles) - enter a place or vehicle to search 1) the person 2) anything in the persons possession or under their control (including a vehicle) - seize and detain and Arms found - seize and detain the persons firearms licence

s18 (3) if you have reasonable grounds to suspect that there are arms in a place or vehicle AND A categorie 3 or 4 offence -has, is or will be committed Or The arms may be evidential material in relation to a categorie 3 or 4 offence OR offence against the arms act 1983 You may..

Without warrant - enter the place or vehicle and search it - seize and detain any arms or firearms licence found there

s.20 Drugs Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences If you have reasonable grounds to believe that in or a place or vehicle there is -a controlled drug or precursor And -you have reasonable grounds to believe that it is not practical to obtain a warrant And -you have reasonable grounds to suspect that in or on the place or vehicle an offence against the MODA 1975 -has , is or about to be committed And, you have reasonable grounds to believe that if an entry and search is not carried out immediately evidential material relating to the suspected offence will be CADD. Then you may..

Enter and search that place or vehicle without warrant

s21 Warrantless searches of people found in or on places or vehicles

If you conduct a search of a place or vehicle under s20 you may -search any person found in or on that place or vehicle without a warrant

Crimes Act 1961 s.39 Force used in executing process or in arrest. Where any person is justified, or protected from criminal responsibility, in executing or assisting to execute any sentence, warrant, or process; or in making or assisting to make any arrest; That justification or protection shall extend and apply to the use by him of such force as may be necessary to overcome any force used used in resisting such executions or arrest, Unless the sentence, warrant, or process can be executed or the arrest made by reasonable means in a less violent manner: Provided that..

Except in the case of a constable or a person called upon by a constable to assist him, this section shall not apply where the force used is likely or intended to cause death or grievous bodily harm.

s40 Preventing Escape 1) Where any person is lawfully authorised to arrest or to assist in arresting any other person, or is justified in or protected from criminal responsibility for arresting or assisting to arrest any other person, That authority, justification or protection, as the case may be, shall extend and apply to the use of such force as may be necessary a) to prevent the escape of that other person if he takes to flight in order to avoid arrest; or b) to prevent the escape or rescue of that other person after his arrest - unless in any such case the escape or rescue can be prevented by reasonable means in a less violent manner: Provided that..

Except in the case of a constable or a person called upon by a constable to assist him, this subsection shall not apply where the force used is intended of likely to cause death or grievous bodily harm. 2) Where any (prisoner) of any (prison) is attempting to escape from lawful custody, or is fleeing after having escaped from there, every constable, and every person called upon by a constable to assist him, is justified in using such force as may be be necessary to prevent the escape of or recapture the prisoner , unless in any case the escape can be prevented or the recapture by reasonable means in a less violent manner.

s48 Self defence or defence of another Everyone is justified in using, in the defence of himself or another, such force as,

In the circumstances as he believes them to be, it is reasonable to use.

s62 Excess of force Everyone authorised by law to use force is criminally responsible for

Any excess according to the nature and quality of the act that constitutes the excess.

s23 Rights or person arrested or detained 1) everyone who is arrested or who is detained under any enactment- a) Shall be informed at the time of the arrest or detention of the reason for it; and b) Shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and c) Shall have the right to have the validity of the arrest or detention determined by way of habeas corpus and to be released if the arrest or detention is not lawful.

2) Everyone who is arrested for an offence has the right to be charged promptly or to be released. 3) Everyone who is arrested for an offence nc is not released shall be brought as soon as possible before a court or competent tribunal. 4) Everyone who is arrested or detained under any enactment For any offence shall have the right to refrain from making any statement and to be informed of that right. 5) Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.

Basic principles when dealing with an armed offender. When dealing with an armed offender or an offender believed to be armed, Police should observe these basic principles..

1) It is better to take the matter too seriously than too lightly 2) Force used must be the minimum necessary to achieve the objective and reasonable under the circumstances 3) treat all offenders or offenders believed to be armed as dangerous and hostile unless there is definite evidence to the contrary. 4) make every effort to prev not casualties 5) caution is not cowardice, when the offenders actions permit, cordon the area and adopt the wait and appeal role in order to negotiate a surrender 6) never go unnecessarily into danger however if an offender is acting in a way that makes casualties likely, Police MUST act immediately to prevent this.

STG study Flashcards

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