4. Drug Offences - Electronic Operations and Clan Labs Flashcards
What is a drug dealing offence? Electronic operations can only be used for drug dealing offences
any drug dealing offence against s6 which involves Class A or Class B controlled drugs
What is the definition of private communication?
a) Means a communication (oral, written, telecommunication, or otherwise) made under circumstances that may reasonable be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but
b) Doesn’t include circumstances where any party to the communication ought reasonable to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so
What is the definition of an interception device?
a) Means any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept or record a private communication; but
b) Does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing
What is the definition of a visual surveillance device?
a visual surveillance device:
a) Means any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment, or other device that is used to observe, or to observe and records, a private activity, but
b) Does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.
What is the definition of a tracking device?
a) Means a device that may be used to help ascertain, by electronic or other means, either or both of the following:
a. The location of a thing or a person
b. Whether a thing has been opened, tampered with, or in some other way dealt with, but
b) Does not include a vehicle or other means of transport such as a boat or helicopter
What is a surveillance device?
A device that assists and enhances your normal capabilities to carry out surveillance:
• A visual surveillance device – assists you to observe and/or record,
• An interception device – assists you to hear and/or record,
• A tracking device – assists you to locate a person or thing or ascertain whether anything has been handled.
When is surveillance unlawful?
surveillance will be unlawful if it involves trespass to land or goods, unless authorised by a surveillance device warrant.
Where trespass surveillance is involved the legislation restricts the use of a visual surveillance device to obtaining evidential material for serious offences only i.e. offence punishable by 7 years or more, or certain sections of the Arms Act.
What are the restrictions on use of interception devices?
for gathering EM for:
• Offences punishable by 7yrs or more imprisonment
• Identified Arms Act 1983 offences
The exception is when consent is obtained by at least one of the parties to covertly record a voluntary oral communication made between that person and others involved in the communication.
What can be done in situations of emergency or urgency?
S&S authorises Police to use a surveillance device without warrant in certain emergency situations listed in s48. If any of these listed emergency situations exist you must consider whether you would be entitled to make an application for a surveillance device warrant but obtaining such a warrant within the time in which it is proposed to undertake the surveillance is impracticable in the circumstances. Note that this surveillance device cannot be used for more than 48 hours without a warrant.
What is the case law regarding alternative investigative techniques?
The evidence in the present case of continued heroin dealing, in respect of which the orthodox techniques such as searching premises and following vehicles had been tried without success, was sufficient. A Judge was not required to refuse a warrant because the Police had not exhausted every conceivable alternative technique of investigation.
(R v McGinty)
What is the case law regarding CHIS info?
Disclosure of the identity of alleged informants was not required under the Act, and the trial Judge was correct in deleting from the application certain parts which would have been likely to lead to the identification of informants. However, the trial Judge was entitled to insist on disclosure if he saw fit.
(R v McGinty)
What are the key activities a phone investigator should undertake in the first 24hrs
- trapping or ‘pre loading’ phone data
- TSP liaison (establish effective working relationship)
- draft a production order application early
- analyst (liaison and be conversant with evidential relevance of call data)
What are 3 different types of Clan labs?
- Extraction
- Conversion
- Synthesis
What are the types of Clan lab investigations?
- Unplanned entry – when a Clan Lab is discovered during the course of your normal daily duties. It is important to know what initial action has to be taken in this instance.
- Planned entry – when you have knowledge of a suspected Clan Lab ahead of time, which allows time to apply for a search warrant and to plan for the execution of the search warrant.
What are some examples of clan lab indicators?
- Outside – chemical odours, exhaust fans running at odd times, frequent visitors at odd hours, windows blackened and curtains drawn, occupants unfriendly, expensive security and surveillance gear
- Inside – laboratory glassware, equipment and documents, containers with clear liquids or two layered liquids, used coffee filters with white paste or red/brown substance, baking dishes, hot plates near chemicals
