4.1 Search & Surveillance Flashcards
Define Evidential Material (2)
- Evidence of an offence
- Anything relevant to the investigation
Describe “Reasonable Grounds to Believe” (RGTB)
“A sound basis for believing the situation actually exists”
Describe “Reasonable Grounds to Suspect” (RGTS)
“Likely to exist” A sound basis for suspecting
What is a tracking device?
A device used to ascertain the location of a thing or whether the things has been opened (dealt with).
Does not include a veh or other means of transport..
What is an interception device?
Any electrical, electromagnetic, mechanical device used to intercept or record a private communication.
Does not include hearing aid to correct subnormal hearing.
What is a visual surveillance device?
Device used or capable of being used to observe or observe and record a private activity.
Does not include specs, contact lenses used to correct subnormal sight.
What is the purpose of the S&S Act 2012? (s5)
To facilitate the monitoring of compliance by:
- Modernising the law of search
- Rules recognising importance of rights
- Investigative Tools (effective and adequate)
Which power should be used for searching a detained person?
Rubdown search s85-87 (rub down search, arrested or detained to take items to prevent harm to anyone or assist escape)
A warrantless search s88 (arrested/detained, w/out W, RGTB possession of items to harm anyone, facilitate escape or evidence of offence detained for)
Who should conduct a s11 search when a person is locked up?
Watchouse/custodial staff
What is the primary purpose of a s11 search? (2)
- Protect detained persons property
- Remove items of self harm
When should a s11 search be conducted?
Prior to person being placed in a cell.
A. What does “Locked up” mean?
B. What does it also mean relating to vehs?
A. A person taken into lawful custody and placed behind a locked door.
B. a veh being used for police purposes BUT not being placed in a police veh for immediate purposes of transport
When can a person be searched under s11 after they have been locked up?
If not previously searched.
Since being searched, in close proximity with someone
a) who has not been searched
b) another person eligible to be searched or
c) RGTB person in possession of weapon (to escape or self harm)
Why should you avoid a s11 search subsequent to arrest
Because you can only use this section once prior to being locked up
When is a search warrant required for search?
In all cases unless impractical
What does a warrant authorise
Enter and search any place, veh or other thing, for evidential material in respect of an offence punishable by imprisonment
Who can apply for a SW
Constable