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SnS Flashcards

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1
Q

What particular belief/suspicion need you have before applying for a Production Order?

A

RGTS offence has/is/will (same condition as SW)

RGTB documents sought
-are EM
-in possession/under control of person against whom order is sought, OR will come into their possession/under their control while order in force

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2
Q

When applying for a Production Order, what 2 matters should you consider relating to the provider of information sought?

A

o resource benefit to police and the investigation
o that it does not place unreasonable demands on the person/business served with the order

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3
Q
  • Differences between Production Order and Search Warrant.
A

Production Order will generally have greater cost to the person/business served on the outset, however, is generally less disruptive than a physical enter and search that would occur with a search warrant.
Production Order - s 64
Search Warrant - s 6

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4
Q
  • List the categories of lawful searches
A

o search with a warrant
o warrantless search
o search by consent

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5
Q
  • What is a reasonable search?
A

A search that complies with s21 NZBORA. Consideration should me made in regards to: nature of the search, invasiveness of the search, when and where the search takes place.

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6
Q
  • Define Privilege
A

Privilege allows the 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 or aid a person to commit an offence. Privilege would include, for example, communication between a person and their lawyer, medical practitioner, minister of religion, clinical psychologist, informant, or journalist.

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7
Q
  • If you suspect privilege material is at a house, what must you do?
A

o Have the person or representative present during the search
o Allow the person present reasonable opportunity to claim privilege

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8
Q
  • Define CADD and provide examples
A

Conceal - burry or hide
Alter - remove serial number from device
Damage - remove firewall from a stolen vehicle to remove identifying feature
Destroy - consume food/alcohol/drugs; burn clothing

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9
Q
  • Define interception device
A

Any device, electronic, mechanical, electromagnetic, optical, electro-optical, apparatus, equipment which is used or is capable of being used to intercept or record private communication. Does not iinclude a hearing aid or similar that would take a person’s subnormal hearing to no better than normal.

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10
Q
  • Define visual surveillance device
A

Any device, electronic, mechanical, electromagnetic, optical, electrooptical, or similar that is used or is capable of being used to observe or record a private activity. Does not include spectacles, contact lenses, or similar, that take a person’s vision from subnormal to no better than normal.

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11
Q
  • Define tracking device
A

Any device used or capable of being used to electronically or by other means, track the location of a person or thing or ascertain whether a thing has been opened, tampered with, or otherwise dealt with.

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12
Q
  • Define s 117
A

If a search warrant is being sought or has been sought and police are waiting as to whether it has been authorised, and CADD, police may secure the place/vehicle/other thing, secure any items found there, and direct any person to assist with entry and securing place/vehicle or securing items in/on it.
Can also be used if arrive at SW and address is incorrect to secure while waiting for ammendment.

The address may be held until the first of the following occurs:
o 6 hours
o SW ready for execution
o SW refused

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13
Q
  • Define s123, give an example
A

s123, items in plain view. If lawfully in a premise, executing any search power, or conducting a lawful search on any person, Police may seize any item that is in plain view if RGTB could have seized it under search power or under any SW that could have been obtained.
e.g. Searching for a person under section 8 and look inside a wardrobe for that person. You find a bag of cannabis. As the bag is in ‘plain view’ you may seize it under s 123.

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14
Q
  • What factors should you consider when deciding whether or not it’s practicable to apply for a search warrant in the circumstances?
A

o RGTB EM CADD before a decision is taken to grant or refuse the issue of a SW.
o is there time to gain approval and apply for a SW
o whether the scene can be secured
o are reasonable resources (including number of staff) available to minimise risk and ensure safety
o is the EM at risk
o location of the search and who may be present.

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15
Q
  • How long is a Search Warrant in force for?
A

No more than 14 days after date of issue. Or no more than 30 days from date of issue if justified and authorised by issuing officer.

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16
Q
  • When is a Search Warrant deemed executed? Can you return if you missed drugs at the address and did not seize any at the time (30 min after leaving)?
A

o once EM from SW seized
o once leave the address for more than 4 hours
If no EM seized and you return 30 mins after leaving, the warrant is still valid and lawful

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17
Q
  • What is the primary concern for search party at a Search Warrant?
A

safety

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18
Q
  • What do you do about entry and satisfying notice requirements regarding a SW when no one is home?
A

o reasonable force may be used to enter and search if required
o must provide copy of SW (unless would endanger safety of any person, or would prejudice ongoing investigation - s134 approved by judge)
o must provide inventory of items seized ASAP or within 7 days (unless would endanger safety of any person, or would prejudice ongoing investigation - s134 approved by judge)

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19
Q
  • When is surveillance unlawful?
A

When it involves trespass

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20
Q
  • Outline in detail what AWOCA stands for (give examples)
A

Ask - greet and give ID. Ask to comply with search
Why - give the reason for the search. (Reason for the search, Act under which conducting the search, based suspicion/belief)
Options - provide the person with the options - Comply with the search or be arrested for obstruction.
Confirm - confirm that the person understands the options
Action - arrest for obstruction

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21
Q
  • Bullet point how you should go about mitigating risk when planning for a search warrant execution
A

Assess the risks before the application is approved and then again before a SW is executed. Identify, assess, and consider risks when planning the SW execution. Conduct a thorough TENR and complete a PARACard. Consider tactical options and potential assistance from other work groups, and resources. Will also need to consider things like time of day, etc. to reduce risk and potential exposure. Conduct a thorough briefing using GSMEAC.

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22
Q
  • What’s the section that relates to ‘fresh pursuit’ and what does it allow you to do?
A

s120 - if fresh pursuit and RGTB EM still on the person (or in the vehicle), can enter a place to apprehend the person and can search the person or vehicle.

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23
Q
  • Define voluntary oral communication
A

A communication between 1 or more persons, where one or more of the parties has consented to the communication being recorded. No SDW required.

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24
Q
  • When can you use hearsay evidence?
A

You can use hearsay evidence to outline the grounds on which application is made, if highly reliable.

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25
* Define private communication
Communication between 1 or more people, written or oral, where the parties have an expectation that no-one is privy to the communication except for the participants.
26
* Define private activity
A participant in an activity can reasonably expect the activity is private, if it is carried out in private premises.
27
* What must you tell a person before a consent search?
o reason for the search o that they may consent or refuse to consent to the search
28
* For what reasons can a consent search be conducted?
o to prevent the commission of an offence o to investigate whether an offence has been committed o to protect life/property o to prevent injury/harm
29
* What do you do if a person withdraws their consent for a consent search?
o stop searching UNLESS o can now invoke and search under a warrantless search power.
30
* What are the additional powers under s 110?
o enter and search o use reasonable force to enter and search o request assistance to enter and search o search any thing found in place/vehicle/other thing o bring and use any equipment found at the place/vehicle/other thing o bring and use law enforcement dog and handler o access any computer system or storage device o copy any intangible material o copy any document or part of that could be lawfully seized o seize items o record - take photographs, audio/visual recording, drawings
31
* What is trespass surveillance?
Surveillance that requires any amount of trespass onto private land or goods. It occurs the moment any enforcement officer steps onto private property without consent.
32
* Define s 131
s 131 - obligations and rules with regards entering and searching place/vehicles.other things o must provide reason for search, Act searching under, and name, and state intention to enter and search o must give notice of search (e.g. copy of SW or Pol1275) and copy of inventory of items seized o must BOR and person involved/located in search parameters
33
* What are the exceptions to identification and notice?
o RGTB no-one home o RGTB would endanger any person’s safety o RGTB would prejudice the successful use of entry and search power o RGTB would prejudice ongoing investigation(s)
34
* Arriving at a house for a SW and a person leaves in a vehicle. Can you stop the vehicle leaving?
Yes. s116 - secure vehicle/place/other thing s118 - detain person to determine connection between the person and the object of the search If vehicle is target of warrant or specified in warrant - s 121(2) - stop vehicle for SW
35
* Define curtilage
Legal term. The area on private property where the homeowner/occupier would have reasonable expectation of privacy and where daily activities take place. It involves the land immediately surrounding a house or dwelling, and any associated surrounding buildings or structures, but does not include any associated ‘open fields beyond’
36
* When do you not need a warrant to conduct surveillance using a surveillance device?
S46e curtilage 3 hours, every 24hours total 8 hours s47 o when recording voluntary oral communication (private communication when 1 or more person consents to it being recorded) s48 o situations of emergency or urgency  situation of emergency or ugency  suspected offence has/is/will  14yrs+/drugs/Arms Act offending  surveillance device would obtain EM to that offending  OR  situation that is likely to cause injury or serious damage to property and surveillance device is necessary to prevent this  situation that presents a risk to life and safety, and surveillance is necessary as an emergency response (s14)
37
* What do you do if your search warrant application is declined by an issuing officer?
o record reasons for refusal o amend application and re-submit to same issuing officer o conduct further investigation to improve application o consider whether the investigation can be continued without the search o if believe that the grounds for refusal were unjustified then can send a report to Legal Services
38
* Define s 121
s121 - stop a vehicle for the purposes of a search s121(1) - stop a vehicle for a warrantless search s121(2) - stop a vehicle for a SW
39
* What do you need to do where a premises searched is rendered insecure?
o secure o contact occupants to organise securing premises, either through them or others returning to the address or engaging a locksmith (owner/occupier’s request and owner/occupier’s cost) o officers do temporary repair to make secure
40
* What is curtilage with regards to a small residential property and a large rural property?
In a small residential property, the curtilage generally coincides with the property boundary. As the definition of curtilage states that curtilage does not include any associated ‘open fields beyond’ the curtilage on a large rural property would include the farmhouse and associated buildings and structured but not the fields beyond this, and so not the full property boundaries.
41
* If a victim phones the suspect to see if he will make admissions and gives Police permission to record the call without the suspect’s knowledge, is a surveillance device warrant required for that? Why/why not?
No. This would fall under the definition of voluntary oral communication which is a communication between one or more people, where one or more persons involved in the communication have given consent for the communication to be recorded. A surveillance device warrant is not required for voluntary oral communication.
42
* Define section 15
Enter and search place for EM 14+ year offence
43
* Define section 16
Search a person in a public place if RGTS 14yrs+ offences has/is/will and RGTB EM for that offence is on them.
44
* Define section 17
Enter and search vehicle in a public place if RGTS 14yrs+ offence has/is/will and RGTB EM for that offence is in/on it.
45
* Define ‘lawful’ and ‘reasonable’ under S&S 2012. What factors should be considered?
‘lawful’ - a search conducted: o with a search warrant, OR o under a warrantless search power, OR o with the person’s consent ‘reasonable’ - a search that o complies with s21 of NZBORA and considers factors such as: o the nature of the search o how intrusive the search is o where and when the search takes place.
46
* What must be considered when assessing whether it is practicable to apply for a SW?
RGTB EM CADD will occur in the time taken to decide whether or not to authorise SW. o is there time to seek a SW o can the scene be secured under s117 o are reasonable resources available to minimise risk and ensure safety o the location of the scene and who might be present o is the EM at risk
47
* Why use a search warrant?
Using a search warrant: o ensures judicial oversight o provides greater protection for Police and the public o requires recording and reporting of results To search by warrant requires participation in an end-to-end process. This process provides a series of checks and balances to protect both the Police and the public. AND organisational accountability is maintained by reported to Parliament and if required to issuing officers.
48
* Before conducting a search by consent, you must determine that the search is for one of what reasons?
o prevent the commission of an offence o investigate whether offence has been committed o protection of life/property o prevention of harm/injury
49
* What level of grounds must be reached for a decision that it is not practicable to apply for a SW?
RGTB
50
* What are your obligations when entering to search and what section do these obligations come under?
s131 o State intention to enter and search, name, Act under which you are searching, and reason for search o must provide ID if not in uniform o must provide copy of SW or pol1275 o must provide a copy of the inventory of items seized
51
* When do you not have to comply with requirements for entry and search?
o RGTB no-one present o RGTB would endanger any person’s safety o RGTB would prejudice successful execution of entry and search power o RGTB would prejudice ongoing investigation(s)
52
* Any search you undertake must be conducted with …
Any search must be conducted with decency and sensitivity. It must also be conducted in a manner that affords the person being searched the degree of privacy and dignity that is consistent with achieving the purpose of the search.
53
* What does section 125 allow you to do?
s125(1)(d) - detain any person to exact the search s125(1)(i) - search an item on the person s125(1)(j) - seize any item on the person or under their immediate control
54
* Give examples of privileged materials
Communication with o legal advisor o medical practitioner o minister of religion o clinical psychologist o journalist o informant
55
* When will a SW be authorised?
RGTS imprisonable offence has/is/will RGTB search of the place/vehicle/other thing will find EM material
56
* Define Evidential Material
In relation to an offence or a suspected offence, EM means any material, tangible or intangible, that is evidence of the offence or of relevance to the investigation of the offence.
57
* Define Production Order
An order made under s74 S&S 2012 that requires the person/business to whom it addressed to provide law enforcement agencies with the information or documents requested as evidential material of a specified offence.
58
* Define surveillance device
any device that enhances or assists ones ability to conduct surveillance
59
* What exceptions apply to the requirement to obtain a surveillance device warrant for the use of a visual surveillance device?
o situations of emergency/urgency o activities that do not require a warrant
60
* What circumstances must be satisfied for the use of surveillance without warrant in situations of emergency or urgency?
o two key circumstances  entitled to apply for SDW  impracticable in the circumstances o suspected offence has/is/will o RGTB use of surveillance device will obtain EM for this offence  14years+  Arms Act 1983  or by reason of mental or physical condition incapable of having proper control over the arms; or may kill or cause bodily injury to someone  or Protection Order in place; or reasonable grounds to apply for Protection Order  PSO in place  drugs o OR situation likely to cause risk to life or serious damage to property and surveillance is necessary to prevent this happening/continuing o OR situation involves signification danger to life and safety and surveillance is necessary as an emergency response (s14)
61
* What must you be doing to invoke s123?
Lawfully conducting your duty o searching under search power o conducting lawful search of person o lawfully in premises
62
* What are your obligations when exercising a power of search under S&S?
o state reason for search, act searching under, name (show ID if not in uniform), and if entering a place or vehicle state intention to enter and search o must provide notice of search - copy of SW or POL1275 o must provide inventory of items seized
63
* Under s46(e), what activity can you do without a SDW?
Observation of private activity in curtilage, within a single investigation or for a series of connected investigations, for no more than 3 hours in any 24-hour period and for no more that 8 hours in total.
64
* Section 45 allows you to conduct trespass surveillance under what circumstances?
To obtain EM for: o offence 7years+ o specified Arms Act 1983 offences
65
* You are conducting a search under S&S and locate items that are not listed on the SW but you believe them to be stolen. What 5 options are available to you, under S&S, to uplift the items?
s112 - seize items of unknown status for analysis/examination to determine whether you can lawfully seize them s6 - SW s123 - seizure of items in plain view s88 - warrantless search of arrested/detained person ss92-95 - consent search
66
What statutory power would you invoke to carry out the search of someone you suspect of committing and aggravated robbery? (act, section, etc) What must you tell this female before you exercise this power of search (list 3 requirements)?
o Reason for search, Act searching under, Name (showing ID if not in uniform) o Section 16, S&S 2012 - search person for EM of 14years+ offence in public place
67
Under S&S could you go onto neighbouring properties to observe behaviour on the gang member’s property without the approval of the neighbours? Explain. If the gang member is doing target practice and is not a FLICNO holder.
Yes. Trespass surveillance only allowed for 7yrs+ offences and certain Arms Act offences. Trepass surveillance - trespass requiring entering property without consent. In this instance, officer entering property without consent, but for surveillance to gather EM for specified Arms Act 1983 offence.
68
* What level of approval is required to use an interception device in an emergency situation? Is there an exception?
Detective Inspector. Unless: o immediacy of situation does not allow for prior planning and approval from DI and in consultation with Legal Services, AND o statutory criteria is met, AND o an opportunity arises to obtain EM that would otherwise be lost if not taken at the time.
69
How long is a surveillance device warrant valid for?
No more than 60 days ne it remains in force for theta duration. When it expires, there is no renewal procedure. A new warrant must be applied for.
70
Section 119
Can search people found when searching places and vehicles if you rgtb they have EM or RGTS they have dangerous item
71
Section 19
Search any person found in place/vehicle during S6 SW if suspected of MODA.
72
Section 127
Enter any place to locate vehicle and executed sw on vehicle if RGTB it is there.
73
Duration of a production order
In force form period specified in order (not exceeding 30 days).
74
Warrentless surveillance device period
Urgency period not exceeding 48 hours
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