SEARCH AND SEIZURE WARRANTS DOG CONTROL ACT 1996 & SEARCH AND SURVEILLANCE ACT 2012

Transcription

1 SEARCH AND SEIZURE WARRANTS DOG CONTROL ACT 1996 & SEARCH AND SURVEILLANCE ACT 2012 NZIAM Conference 2017

2 BACKGROUND

3 LEGISLATION and REFERENCES

4 DOG CONTROL ACT Power of Entry ***** (3) Nothing in this section shall authorise any Dog Control Officer to enter any dwellinghouse unless: (a) the entry is authorised by a Warrant given by an Issuing Officer (per Sec.3 of SASA 12) 56.(3) Removal of barking dog causing distress 57.(6)(b) Dogs attacking persons or animals

5 Search and Surveillance Act 2012 Public Act 2012 No 24 Date of assent 5 April 2012 Commencement see section 2 Part 4 General provisions in relation to search, surveillance, and inspection powers Subpart 1 Application of rules in this Part, and consent searches Application of rules 89Application of this Part 90Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc Subpart 2 Consent searches 91Application of rules about consent searches 92Purposes for which consent search may be undertaken 93Advice that must be given before consent search undertaken 94Circumstances where search by consent unlawful 95Ability of persons under 14 years to consent to searches of places, vehicles, or other things 96Exceptions to consent search rules Subpart 3 Search warrants 97 Interpretation Application for search warrant 98 Application for search warrant 99 Application must be verified 100 Mode of application for search warrant 101 Retention of documents Issuing of search warrant 102 Restrictions on issue of search warrant 103 Form and content of search warrant 104 Issuing officer may require search warrant report 105 Transmission of search warrant 106 When search warrant executed 108 Authorisation of issuing officers

6 SCHEDULE To Search and Surveillance Act Column 1 DOG CONTROL ACT 1996 Column 2 Sect.14(1) to (3) Column 3 Dog Control Officer who has good cause to suspect that offence against the Dog Control Act 1996, or bylaw under Act is being committed may enter land or premesis, and inspect any dog, and, if authorised by that Act, seize or take custody of dog (note: warrant must be obtained to enter dwellinghouse). Sect.56(3) Dog ranger or dog control officer may enter dwellinghouse to remove barking dog (following noncompliance if he or she obtains a warrant to enter). Dog ranger or dog control officer may enter dwellinghouse to seize dog that has attacked persons or animals if he or she has warrant to enter.

7 HOW TO APPLY 100. Mode of Application for Search Warrant. Must be in writing, (unless orally transmitted) Must appear in person, (unless satisfied there is no need to be there to answer questions).

8 APPLICATION *Sections are as per SASA.2012 S.98. Application for Search Warrant (1) An application for a search warrant must contain, in reasonable detail, the following particulars: (a) Applicants name (b) Authorising provision (c) Grounds on which the application is made (d) Address or other description of the place (e) Description of the item or items to be seized (f) Period for which the warrant is sought (g) Grounds on which execution on more than one occasion is believed to be necessary

9 APPLICATION (continued) S.98. Application for Search Warrant (3) Disclose details of any other applications known to have been made within the last 3 months, and its result. (4) Make inquiries within their organisation to appease section (3) above. (5) The issuing officer may authorise execution on more than 1 occasion during the period if he or she is satisfied it is needed.

10 SEARCH WARRANT S.103 Form and Content of Search Warrant Must be in the prescribed form, if any. Directed to every enforcement officer who has authority. Must contain: name or other individual designation of the issuing officer and date provisions authorising the issue of the warrant, including the suspected offences may use any assistance that is reasonable in the circumstances any authorised person may execute the warrant the person executing the warrant may use any force the address or description of the place a description of what may be seized the period during which the warrant may be executed any conditions if the warrant may be executed on more than one occasion, the number of times

11 MISCELLANEOUS S.99 Application must be verified S.101 Retention of documents A copy of every written application for a search warrant must be retained at the District Court until, (a) in a case where a search warrant is issued, the completion of any proceedings (b) in respect of which the validity of the warrant may be in issue; or 2 years. An applicant to whom a search warrant is issued (Territorial Authority) must also retain the warrant, a copy of the application, AS ABOVE. S.104 Issuing officer may require search warrant report An issuing officer require the employer of any person a warrant is issued to provide a report Report must contain: Warrant executed or not: Seizure of evidential material made, Whether any other powers exercised in conjunction with the execution of the warrant resulted in the seizure of evidential material. Whether any criminal proceedings have been brought.

12 MISCELLANEOUS (continued) S.105 Transmission of search warrant If it is not possible or practicable for the person charged with executing the warrant to have it in his or her possession at the time of execution, one of the following documents (which is deemed for all legal purposes to constitute the warrant) may be executed: (b) a copy made by the person to whom the warrant is directed, at the direction of the issuing officer and endorsed to that effect. S.106 When search warrant executed A search warrant is executed when the person executing the warrant and any person assisting in the execution of the warrant; has seized everything or leaves the place and does not return within 4 hours.

13 OBLIGATIONS OF OFFICER S.116 Securing place, vehicle, or other thing to be searched If requested by any person affected by the search, identify themselves by name or by unique identifier; and state the name of the enactment under which the search is taking place and the reason, unless it is impracticable to do so.

14 F.A.Qs (By the Court) - Police occasionally attach printouts for the offenders, what can you provide to corroborate your statements? - Why can t you just jump the fence and get the dog, your Act says you can? - This Warrant is to enter their house, why do you need to do that? - Is this for a Prosecution? - What will happen when you get the dog? - Will the owner be allowed their dog back?

15 PRE-FORMATTED SEARCH WARRANTS - Secured fields to avoid mistakenly removing detail. - Dropdown boxes for Administration (as provided by AMO s). - Free-flow for s.98(1)(c). - Application feeds the warrant. - Cover all legislative requirements.

16 APPLICATION FOR SEARCH WARRANT Section 14 of the Dog Control Act 1996, an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012 To an Authorised Issuing Officer at Christchurch. 1.I, * Dog Control Officer, of Christchurch City Council, apply for the issue of a search warrant under section 14 of the Dog Control Act 1996, an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012, authorising every Dog Control Officer and any Constable to search a place situated at: 43 Harewood Road, Papanui, Christchurch The power to enter and search pursuant to the search warrant is sought to be exercised on 1 occasion within 14 days from the date of issue. 3I have reasonable grounds to suspect that, there is one unregistered, classified dog in breach of Sections 42(1) and 33EC of the Dog Control Act 1996, namely: 3 year old, Tan and White, Female, American Pit Bull Terrier Cross, named GINN 4 (A) Detailed evidence forming basis of warrant. Timeline / annexes of photos / synopsis of statement etc. 5 I have reasonable grounds to believe that the search will find the as described in number 3, inside the house, in breach of Section of the Dog Control Act In respect of Full Address,. known applications for a search warrant have been made within the previous 3 months. 7I confirm the truth and accuracy of the contents of this application. I am aware that it is an offence to make an application containing any assertion or other statement known by me to be false, pursuant to section 99, Search and Surveillance Act Signed at Christchurch on the day of 20. date month year Signature of applicant Dog Control Officer

17 SEARCH WARRANT Section 14 of the Dog Control Act, 1996 an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012 To every Christchurch City Council Dog Control Officer, and any Constable, to exercise any search powers under the Search and Surveillance Act I have received an application under section 14 of the Dog Control Act 1996 (being an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012) for a warrant to search a place situated at: Full Address (exactly same as on application) 2. That application was made in writing, and the truth and accuracy of its contents have been confirmed to me. 3. I am satisfied: (a) That there are reasonable grounds to suspect that the offences of: i) Breach of Section of the Dog Control Act 1996 (b) And that there are reasonable grounds to believe that the search of the specified place will find evidential material in respect of the offences specified above, namely 1 dog: i) Detailed Description of dog, exactly same as on application form 4. This warrant authorises you at any time that is reasonable: (a) to enter and search the specified place for the specified evidential material; (b) to seize any of the specified evidential material, or anything else found in the course of carrying out the search or as a result of observations at the specified place, if you have reasonable grounds to believe that you could have seized the item or items under any search warrant that you could have obtained or any other search power that you could have exercised; (c) to use any assistance that is reasonable in the circumstances; (d) to use force in respect of any property that is reasonable in the circumstances to enter or break open or access any area within the specified place for the purposes of carrying out the search and any lawful seizure; (e) to detain any person at the place for the purposes of determining whether there is any connection between that person and the object of the search, if that person: (i) is at the place at the commencement of the search; or (ii) arrives at the place while the search is being carried out.

18 5. The power to enter and search pursuant to this warrant may be exercised on 1 occasion within 14 days from the date of issue. 6. This warrant is issued subject to the following conditions: DATED at Christchurch on the day of 20. date month year (signature) Authorised Issuing Officer (name)

19 Application for Search Warrant Section 14 of the Dog Control Act 1996, an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012 To an Authorised Issuing Officer at Christchurch. 1 I, James Patrick STOKES Dog Control Officer, of Christchurch City Council, apply for the issue of a search warrant under section 14 of the Dog Control Act 1996, an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012, authorising every Animal Control Officer and any Constable to search a place situated at: 33 Breach Street, Christchurch 2 The power to enter and search pursuant to the search warrant is sought to be exercised on 1 occasion within 14 days from the date of issue. 3 I have reasonable grounds to suspect that, there is a dog at 33 Breach Street in breach of Section 33EC of the Dog Control Act 1996, namely: 1) SARGE, (formerly named BOLO), Mastiff Cross, entire male, 1054/15, Microchip , Classified Menacing By Deed on the 22 nd of December A) Joanne SMITH*, born 01/01/1980 is the registered owner SARGE, and currently lives at 33 Breach Street. The property is owned by Housing New Zealand. B) On the 22 nd of December 2015, Classification Papers were served on SMITH at the Christchurch City Council Shelter when she uplifted SARGE, having been held from a previous incident. C) SMITH signed copies of the Classification Papers at the time. D) On the 7 th of January 2016, the 14 day period for objecting to the Classification had expired and no appeal had been made, and subsequently an Infringement Notice was posted to the Dog Owner for the breach. E) On the 9 th of February a male occupant at the address confirmed to Dog Control Officers that SARGE was present, although a female ordered Officers from the property. F) On the 15 th of February 2016 a dog was heard inside the address by a Dog Control Officer but no person came to the door. G) On the same day I confirmed that no de-sexing certificate had been received by Animal Management. H) No contact has been made by the owner to confirm that SARGE had been de-sexed. I) SARGE will be seized and held by Animal Management until he is de-sexed, from which time he can be returned to his owner. 5 I have reasonable grounds to believe that the search of the dwellinghouse will find the dog as described in number 3, inside the house, in breach of Section33EC of the Dog Control Act In respect of 33 Breach Street, no known applications for a search warrant have been made within the previous 3 months. 7 I confirm the truth and accuracy of the contents of this application. I am aware that it is an offence to make an application containing any assertion or other statement known by me to be false, pursuant to section 99, Search and Surveillance Act 2012 Signed at Christchurch on day of 20. date month year Signature of applicant James Patrick STOKES Dog Control Officer

20 SEARCH WARRANT Section 14 of the Dog Control Act, 1996 an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012 To every Christchurch City Council Dog Control Officer, and any Constable, to exercise any search powers under the Search and Surveillance Act I have received an application under section 14 of the Dog Control Act 1996 (being an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012) for a warrant to search a place situated at: 33 Breach Street, Christchurch. 2. That application was made in writing, and the truth and accuracy of its contents have been confirmed to me. 3. I am satisfied: (a) That there are reasonable grounds to suspect that the offences of: i) Breach of Section 33EC of the Dog Control Act 1996 (b) And that there are reasonable grounds to believe that the search of the specified place will find evidential material in respect of the offences specified above, namely 1 dog : SARGE, (formerly named BOLO), Mastiff Cross, entire male, 1054/15, Microchip , Classified Menacing By Deed on the 22 nd of December This warrant authorises you at any time that is reasonable: (a) (b) (c) (d) (e) (i) (ii) to enter and search the specified place for the specified evidential material; to seize any of the specified evidential material, or anything else found in the course of carrying out the search or as a result of observations at the specified place, if you have reasonable grounds to believe that you could have seized the item or items under any search warrant that you could have obtained or any other search power that you could have exercised; to use any assistance that is reasonable in the circumstances; to use force in respect of any property that is reasonable in the circumstances to enter or break open or access any area within the specified place for the purposes of carrying out the search and any lawful seizure; to detain any person at the place for the purposes of determining whether there is any connection between that person and the object of the search, if that person: is at the place at the commencement of the search; or arrives at the place while the search is being carried out. 5. The power to enter and search pursuant to this warrant may be exercised on 1 occasion within 14 days from the date of issue. 6. This warrant is issued subject to the following conditions: DATED at Christchurch on day of 20. date month year (signature)

21 APPLICATION FOR SEARCH WARRANT Section 14 of the Dog Control Act 1996, an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012 To an Authorised Issuing Officer at Christchurch. 1 I Michael Ernest Murcott, Dog Control Officer, of Christchurch City Council, apply for the issue of a search warrant under section 14 of the Dog Control Act 1996, an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012, authorising every Animal Control Officer and any Constable to search a place situated at: 1 Smith Street, Christchurch. 2 The power to enter and search pursuant to the search warrant is sought to be exercised on 1 occasion within 14 days from the date of issue. 3 I have reasonable grounds to suspect that: There is an unknown, potentially unregistered dog at 1 Smith Street in breach of Section 42(1) of the Dog Control Act 1996: 1) Unknown, possible American Staffordshire Terrier, brown and white, possibly female, as per attached photo (Annex A). 4 A) On the 9 th of October 2014, while investigating a wandering complaint of 1 Smith Street, I photographed a dog as described above in their driveway behind a gate and left a contact letter. B) There are no dogs on record at this address. C) On the 4 th of November I revisited the address, I requested a male, Maori, solid build, tall with tattoos, provide me the dog s details and the owner s details pursuant to Section 19 of the Dog Control Act He stated he knew his rights, that the dog doesn t wander and it is sleeping on the couch inside. D) The male refused to provide any of the dog details or those of its owner. The dog will be seized and held by Animal Control until it is identified and registered. 5 I have reasonable grounds to believe that the search will find the unknown dog as described in number 3(1) inside the house, in breach of Section 42 of the Dog Control Act In respect of 1 Smith Street, no known applications for a search warrant have been made within the previous 3 months. 7 I confirm the truth and accuracy of the contents of this application. I am aware that it is an offence to make an application containing any assertion or other statement known by me to be false, pursuant to section 99, Search and Surveillance Act Signed at Christchurch on day of 20. date month year Signature of applicant Michael Ernest MURCOTT Dog Control Officer

22 SEARCH WARRANT Section 14 of the Dog Control Act, 1996 an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012 To every Christchurch City Council Dog Control Officer, and any Constable, to exercise any search powers under the Search and Surveillance Act I have received an application under section 14 of the Dog Control Act 1996 (being an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012) for a warrant to search a place situated at: 1 Smith Street, Christchurch. 2. That application was made in writing, and the truth and accuracy of its contents have been confirmed to me. 3. I am satisfied: (a) That there are reasonable grounds to suspect that the offences of: i) Breach of Section 42(1) of the Dog Control Act 1996 (b) And that there are reasonable grounds to believe that the search of the specified place will find evidential material in respect of the offences specified above, namely 1 dog: i) Unknown, American Staffordshire Terrie, brown and white, possibly female. 4. This warrant authorises you at any time that is reasonable: (a) to enter and search the specified place for the specified evidential material; (b) to seize any of the specified evidential material, or anything else found in the course of carrying out the search or as a result of observations at the specified place, if you have reasonable grounds to believe that you could have seized the item or items under any search warrant that you could have obtained or any other search power that you could have exercised; (c) to use any assistance that is reasonable in the circumstances; (d) to use force in respect of any property that is reasonable in the circumstances to enter or break open or access any area within the specified place for the purposes of carrying out the search and any lawful seizure; (e) to detain any person at the place for the purposes of determining whether there is any connection between that person and the object of the search, if that person: (i) is at the place at the commencement of the search; or (ii) arrives at the place while the search is being carried out. 5. The power to enter and search pursuant to this warrant may be exercised on 1 occasion within 14 days from the date of issue. 6. This warrant is issued subject to the following conditions: DATED at Christchurch on day of 20. date month year (signature) Authorised Issuing Officer (name)

23 APPLICATION FOR SEARCH WARRANT Section 14 of the Dog Control Act 1996, an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012 To an Authorised Issuing Officer at Christchurch. 1. I Christopher Darren Todd, Dog Control Officer, of Christchurch City Council, apply for the issue of a search warrant under section 14 of the Dog Control Act 1996, an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012, authorising every Animal Control Officer and any Constable to search a place situated at: 3357 Multiple Street, Christchurch. 2. The power to enter and search pursuant to the search warrant is sought to be exercised on 1 occasion within 14 days from the date of issue. 3. I have reasonable grounds to suspect that: there are two unregistered dogs at 7 Auburn Avenue in breach of Section 42(1) of the Dog Control Act 1996, and one other dog that has breached Section 33E(1)(a) and Section 57 of the Dog Control Act recently. 1) SURGE: Boxer Cross, Microchip , registered 3352/13, Classified as Menacing by Deed 12/02/ ) MISSY: Boxer Cross, Microchip , last registered ) NO NAME: Boxer cross, no microchip, never registered. 4. A) The tenant of this Housing New Zealand property at 3357 Multiple Street is John SMITH* born 01/01/1989. SMITH admits ownership of SURGE, MISSY and NO NAME and all dogs are in the Christchurch City Council registration database under his name. B) On the 12 th February 2014, I served Classification Papers on John SMITH for SURGE in respect for a previous incident. SMITH signed a copy of the same and I explained he must have SURGE de-sexed within 28 days and provide Council with a certificate. I also explained to him that SURGE must be muzzled when at large. C) On the 26 th of March 2014, SURGE was un-muzzled in his driveway and rushed at two RSPCA inspectors, acting extremely aggressively towards them. D) On the 10 th April 2014, SURGE was seized by Animal Management to ensure compliance with the Menacing Classifications, condition of de-sexing. MISSY was to be seized at the same time but as she was nursing puppies it was decided to leave her and SMITH was instructed to register her immediately. E) On the 9 th of July 2014, SURGE has been un-muzzled at large in his backyard, attempting to climb the fence into the neighbour s property, barking and acting aggressively. SURGE had to be forced back to his own yard with a garden implement. F) On the 13 th July 2014, SURGE has exited his property, over the same fence, and attacked a neighbour s dog, causing extensive injuries requiring vets treatment. SURGE was chased off by the neighbour. G) When visited by Animal Management, SMITH has denied the incident and refused to voluntarily hand SURGE over. H) SMITH was given a registration notice RN21657; to register a puppy of MISSY and SURGE he called NO NAME, by 21/7/14. I) MISSY remains unregistered. J) SMITH, being the owner of SURGE will be prosecuted for the attack on the neighbour s dog, a charge which penalty involves the destruction of the dog if found guilty.

24 5. I have reasonable grounds to believe that the search will find two unregistered dogs inside the house, in breach of Section 42(1) of the Dog Control Act 1996, and one dog which has breached Section 33E(1) and 57 of the same Act. 6. In respect of 3357 Multiple Street, no known applications for a search warrant have been made within the previous 3 months, the last being 10 April I confirm the truth and accuracy of the contents of this application. I am aware that it is an offence to make an application containing any assertion or other statement known by me to be false, pursuant to section 99, Search and Surveillance Act Signed at Christchurch on day of 20. date month year Signature of applicant Christopher Darren TODD Dog Control Officer

25 SEARCH WARRANT Section 14 of the Dog Control Act, 1996 an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012 To every Christchurch City Council Animal Control Officer, and any Constable, to exercise any search powers under the Search and Surveillance Act I have received an application under section 14 of the Dog Control Act 1996 (being an enactment specified in column 2 of the Schedule to the Search and Surveillance Act 2012) for a warrant to search a place situated at: 3357 Multiple Street, Christchurch 2. That application was made in writing, and the truth and accuracy of its contents have been confirmed to me. 3. I am satisfied: (a) That there are reasonable grounds to suspect that the offences of: i) Breach of Section 42(1) of the Dog Control Act 1996 ii) Breach of Section 33E (1) of the Dog Control Act 1996 iii) Breach of Section 57(1) of the Dog Control Act 1996 (b) And that there are reasonable grounds to believe that the search of the specified place will find evidential material in respect of the offences specified above, namely 3 dogs: (c) MISSY Boxer Cross, Microchip , last registered 2012 (d) SURGE Boxer Cross, Microchip , registered 3352/13, Classified as Menacing by Deed 12/02/2014. (e) NO NAME, Boxer Cross, No Microchip, never registered. 4. This warrant authorises you at any time that is reasonable: (a) (b) (c) (d) (e) (i) (ii) to enter and search the specified place for the specified evidential material; to seize any of the specified evidential material, or anything else found in the course of carrying out the search or as a result of observations at the specified place, if you have reasonable grounds to believe that you could have seized the item or items under any search warrant that you could have obtained or any other search power that you could have exercised; to use any assistance that is reasonable in the circumstances; to use force in respect of any property that is reasonable in the circumstances to enter or break open or access any area within the specified place for the purposes of carrying out the search and any lawful seizure; to detain any person at the place for the purposes of determining whether there is any connection between that person and the object of the search, if that person: is at the place at the commencement of the search; or arrives at the place while the search is being carried out. 5. The power to enter and search pursuant to this warrant may be exercised on 1 occasion within 14 days from the date of issue. 6. This warrant is issued subject to the following conditions: DATED at Christchurch on day of 20. date month year (signature) Authorised Issuing Officer (name)

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