Search & Surveillance Act 2012 Flashcards Preview

CIB Induction - Auckland 2017 > Search & Surveillance Act 2012 > Flashcards

Flashcards in Search & Surveillance Act 2012 Deck (23)
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1
Q

What is curtilage?

A

used to define the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’. It defines the boundary within which a home owner can have a reasonable expectation of privacy and where ‘common home activities’ take place.

2
Q

Visual surveillance device

A

any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment or other device that is use or is capable of being used to observe, or to observe and record a private activity.

3
Q

Private activity

A

any one or more of the participants in it ought reasonable to expect is observed or recorded by no one except the participants.

4
Q

Private premises

A

private dwelling house, a marae, and any other premises that are not within the definition of a non-private premises

5
Q

Unlawfully at large

A

Means that person:

  • has a WTA
  • escaped prison or absent without leave
  • escaped lawful custody
  • special patient or restricted patient and not returned
  • a care recipient or special care recipient and has not returned
  • young person in CYPFS custody
6
Q

Evidential material

A

in relation to a particular offence, evidence of the offence or any other item tangible, or untangible of relevance to the investigation.

7
Q

Section 7

A

Entry without warrant to arrest person unlawfully at large

Enter & Search

8
Q

Section 8

A

Entry without warrant to avoid loss of offender or evidential material

If believe imprisonable offence and CADD

Enter & Search (for arrest - not for evidential material)

9
Q

Section 9

A

Stopping a vehicle to find person unlawfully at large o who have committed certain offences

If believe imprisonable offence

Stop vehicle.

10
Q

Section 10

A

Powers and duties of Constable after vehicle stopped

Require to supply details, search the vehicle or the person and evidential material

11
Q

Section 14

A

Warrantless entry to prevent offence or respond to risk to life or safety

Enter a place or vehicle and take any necessary action

12
Q

Section 16

A

Searching people in a public place without warrant for evidential material relating to certain offences

Imprisonable 14 years or more

Search a person in a public place

13
Q

Section 17

A

Warrantless entry and search of vehicle for evidential material relating to certain offences

Imprisonable 14 years or more

Enter a vehicle in a public place
Search the vehicle

14
Q

Section 18

A

Warrantless searches associated with arms

Search person, anything in possession, place or vehicle

If:

  • breach of Arms Act 1983
  • mental condition
  • Domestic Violence Act 1995
15
Q

Section 20

A

Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences

Controlled drugs or precursor substance

Enter and search vehicle or place.

16
Q

Section 22

A

Warrantless power to search for controlled drugs or precursor substances if offence suspected against MODA 1975.

Controlled drugs or precursor substance

Search a person

17
Q

Section 22

A

Warrantless power to search for controlled drugs or precursor substances if offence suspected against MODA 1975.

Controlled drugs or precursor substance

Search a person

18
Q

Section 45

A

Restrictions on some trespass surveillance and use of interception device

To obtain information on any imprisonable offence over 7 years or certain sections of Arms Act 1983.

Undertake Trespass surveillance and use a interception device.

19
Q

Section 46

A

Activities for which surveillance device warrant required.

For private communication, tracking, observation of private activity in curtilage of private premises

20
Q

Section 47

A

Some activities that do not require warrant under this subpart

  • when lawfully in private premises
  • recording what s/he observes or hears
  • covert recording between two people made with consent of one of them
21
Q

Section 112

A

Items of uncertain status may be seized

Whilst exercising a search can seize items of uncertain status for examination or analysis

22
Q

Section 117

A

Special powers where application for search warrant pending

Enter and detain persons and place until warrant obtained.

6 hour expiry

23
Q

Section 123

A

Seizure of items in plain view

When exercising a search power, lawfully in a place or vehicle or conducting a lawful search of a person

Seize any items which would have been seized under any other power.

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