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SSGT CPK 2017-727 > Chapter 4: Search & Surveillance Act 2012 > Flashcards

Chapter 4: Search & Surveillance Act 2012 Flashcards

1
Q

S&S Act 2012: Definitions

Evidential Material? (broken into 4 parts)

A
  • In relation to offence,
  • evidence of the offence
  • or any other item, tangible or intangible
  • of relevance to the investigation of the offence
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2
Q

S&S Act 2012: Definitions

Reasonable Grounds to Believe?

A

Having sound basis for believing that a situation or circumstance actually exists.

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3
Q

S&S Act 2012: Definitions

Reasonable grounds to Suspect?

A

Sound basis for suspecting situation or circumstance is likely to exist.

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4
Q

S&S Act 2012: Definitions
Tracking Device? (2parts)

What does the definition NOT include?

A

Used to help ascertain, by electronic or other means:

  • the location of the person / thing
  • whether thing has been opened, tampered with, dealt with… BUT…

a tracking device does NOT include vehicle or means of transport, i.e. eagle, deodar, police car…

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5
Q

S&S Act 2012: Definitions
Interception Device? 3 parts.

What does the definition NOT include?

A
  • All manner of listening devices.
  • Electronic, mechanical, electromagnetic, electro-optical instrument, apparatus, equipment or device
  • capable of being used to intercept or record private communication

DOES NOT include - hearing aid used to correct subnormal hearing to no better than normal.

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6
Q

S&S Act 2012: Definitions
Visual Surveillance Device? 2 parts
Includes what…? and does what…?

What does the definition NOT include?

A
  • Electronic, mechanical, electromagnetic, electro-optical instrument, apparatus, equipment or device
  • capable of being used to intercept or ‘record private’ communication or ‘private activity’.

Includes photographic and video cameras - and anything that enhances normal vision.

DOES NOT include glasses or contacts to correct subnormal vision to no better than normal.

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7
Q

S&S Act 2012:
What is the purpose of the S&S act?

First blurb, “facilitate…” then a) - c)
(in no particular order)

A

Facilitate the monitoring of compliance with the law and the investigation and prosecution of offences, manner consistent with human rights by:

a) LAW: modernising the law of search seizure and surveillance, advances in technologies, regulate use of tech.
c) TOOLS: Investigative tools are effective and adequate for law enforcement.
b) RIGHTS: Rules recognising importance of rights affirmed in other enactments - BOR

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8
Q

S&S Act 2012:
Which powers should be used for Searches of arrested / detained persons BEFORE they’re LOCKED UP?
(x 3 sections)

A

Rubdown Search - Sn 85
Matter of course after arrest: To remove objects that may:
HARM or FACILITATE ESCAPE

Visual search as part of rubdown - Sn 87
Search in mouth nose ears but not insert objects into orifices.

Warrantless Search of arrested/det.- Sn 88
Search for objects if RGB they have to:
HARM, 
ESCAPE
EVIDENTIAL MATERIAL
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9
Q

S&S Act 2012:
Which power should be used for searching people who are or are to be “locked up” in custody?

Give 2 scenarios of WHERE this can be used.

A

(HINT-the number looks like bars… 11)

Sn 11

  • At a police station
  • Other premises or about to be placed in vehicle USED for police purposes
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10
Q

S&S Act 2012:
What is primary purpose of Sn11 - searching persons before being “locked up”

(Main one, then 3 points to note, i.e. what may we do)

A

Protect persons and property

  • Remove items that might be used to harm selves/others
  • may take money or property
  • may be exercised BEFORE being locked up
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11
Q

S&S Act 2012:
What does “locked up” mean?

(give 3 other points to remember…)

A
  • Placed behind closed/locked door preventing them from leaving.
  • Must be Lawful Custody,
  • Can be processing van at an event.
  • NOT just transport in police car, must be more than that -ie. behind bars…
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12
Q

S&S Act 2012:

When are the 3 situations we can search a person AFTER they are “locked up?” s11(3)

A

After locked up, can ONLY be searched if:

  • not searched before locked up
  • since being searched, been or suspected of having been in close proximity to
  • person not locked up
  • another person , not searched
  • RGB person in possession of anything may be used to harm self/others.
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13
Q

S&S Act 2012:

What are the rules around another lock-up search if transported to another station?

A

Can only search if:

11(3) exist, i.e. not searched before lockup, since search in company of others, RGB in possession of instruments of harm.

(OR - if certain another SEARCH is required and can’t JUSTIFY 11(3). Consider: 85-88

  • harm:knife, or
  • facilitate escape:key)
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14
Q

S&S Act 2012:

What do you have to consider before enacting a warrantless search ? x2

A
  • Must obtain a warrant to search place/vehicle/thing unless impractical in circumstances.
  • If impractical, then can warrantless search only if statutory requirements are met and power reasonable in the circs.
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15
Q

S&S Act 2012:

What does a SW authorise? x4

A

Authorise to :

  • Enter
  • Search any place, vehicle, thing
  • for evidential material
  • in respect of offence punishable by imprisonment
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16
Q

S&S Act 2012:
Who may apply for Search Warrant (x2) and who cannot? x3

What section applies to Search Warrants?

What are the grounds for applying for Search Warrant? Reasonable Grounds to …x2

A
  • Any constable
  • Other enforcement officers are authorised under other enactments
  • Private investigators cannot

Section: Sn 6

  • RGS offence punishable by imprisonment has been, is being, will be committed AND…
  • RGB search will locate evidential material in respect of the offence in the place/vehicle/thing specified in the application.
17
Q

S&S Act 2012:
What authority do you need before applying (AT COURT) for a SW?

What do you need to submit as well at the time?

A

Written (electronic) authority from supervisor at/above Sgt.

Pre-search warrant risk assessment SP 240

18
Q

S&S Act 2012:

  1. What is the common way officers apply for a SW?
  2. With agreement of an Issuing Officer, what are the other 3 ways you can apply for SW?
  3. When are oral applications allowed, Issuing officer must be satisfied that…? x3
A
  1. Online S&S system and personal appearance before issuing officer.
  2. Apply:
    - orally by personal appearance
    - orally by phone
    - Written app considered without personal appearance.
  3. Allowed if issuing officer satisfied that:
    * requiring written would delay and compromise effectiveness of search AND
    * question of whether warrant should be issued is properly determined on basis of oral communication/appearance AND
    * all required information is supplied to issuing officer
19
Q 
S&S Act 2012:
Back capturing oral applications.
How is this done?
When is this done?
What does this enable? x2
A

When oral application made, application and outcomes recorded ASAP and within 24hrs in online S&S system.

Enables:

  • Target history to populate future applications
  • Complaiance with statutory requirements under the Act.
20
Q

S&S Act 2012:
Applications without personal appearance or oral comms
ie. emailed applications - What does the issuing officer have to be satisfied of?

Satisfied that… x3

A

Issuing officer satisfied that:

  • question of whether warrant should be issued is properly determined on basis of written app, AND
  • All Information required for app has been supplied AND
  • there is no need to ask qns or seek further information.
21
Q

S&S Act 2012:
Applications made in the S&S system - what are the steps and actions to take? x 12

(scroll down. this is involved - have broad understanding)

A
  1. Obtain initial approval
    - obtain approval from supervisor before application.
  2. Set up NIA case
    - avoid ID-ing target addresses
  3. Assess risks
    - pre search warrant risk assessment form POL240 - preferably before app authorised
  4. Assess community impact
    - vulnerable people, community, interest groups.
    - Community Impact Assessment Form if required
  5. Complete application
    - multiple warrants, single application
  6. Complete deconfliction
    - S&S system manages de-confliction by sending emails.
  7. Application History
    - System searches for historic warrants back 3mo. if application HRx exists the other applicant notified and is responsible for determining whether to disclose historic info for inclusion in new one.
  8. NIA checks
    - Check for other warrants under other enactments:
    - Criminal Proceeds Act, FilmsVPCAct, Mutual Assistance in Criminal Matters Act. if yes, comment in “other information”
  9. Record other applications - other agency
  10. Seek online approval from supervisor
  11. Print
  12. Take to issuing officer - application, 2x copies for them to sign, copy for occupier, annexes etc.
22
Q

S&S Act 2012:

Definition of informant?

A

Any person who “provides information”, recorded or not, to “law enforcement officer”, with a “reasonable expectation that their identity will be protected”.

23
Q

S&S Act 2012:
Revealing identity of informants - What is the main rule?

Issuing officers only need enough information re. informants for them to assess - what? x2

A

Must not reveal id of informants.

Registrars only need enough information for them to assess:

  • Credibility of the informant, (proven by previous assistance)
  • whether there is proper basis for issuing warrant (info corroborating informant)
24
Q

What does CHIS mean?

What is the difference between between informant and CHIS? x2

A
  • Covert Human Information Source - is person who is used to seek information
  • CHIS is within the informant bubble.
  • Informant may be registered or not.
25
Q

S&S Act 2012:
Sn 117 - Power to secure scenes pending warrant.
Discuss legislation… “officer… can… x3”

*How long can a scene be held?
“Until first of… x3”

A 
Sn 117 
If officer believes evidential material may be CADD before warrant issued, they can:
- enter 
- secure items
- direct any person to assist
  • until first of:
  • warrant issued and executed
  • application refused
  • 6 hrs from power exercised
26
Q

S&S Act 2012:
When is surveillance NOT regulated under S&S Act?

Give 2 examples of surveillance that is lawful?

Give example where unlawful.

A

“If it’s without means of a device”

ie. if you are watching from outside property, then this is not governed by S&S act and is lawful.
ie. listening without listening /viewing aids that enhance sight/sound (spectacles, hearing aids.. are fine) - i.e. sitting near couple in cafe and listening.

i.e. if it involves trespass, then its unlawful.

27
Q

S&S Act 2012:

if you want to go onto a property and watch without a device - what can you do?

A

Get a warrant, or gain consent from occupiers.

28
Q

Does flying over a property with a drone constitute trespass?

A

No, apparently not.

neither is flying over a property with eagle. S&S Act only regulates surveillance with a device.

29
Q

S&S Act 2012:

Types of device x 3

A
  • interception device
  • tracking device
  • visual surveillance device
30
Q

S&S Act 2012:

What do you do re. warrant application if you want to use diff devices for one job?

A

Can make single application for more than one type of device.

31
Q

Use of technology is lawful, as long as you don’t… what?

A

Trespass.

32
Q

The question of whether to apply for warrant or not if you’re NOT using surveillance device?
(points to note x2)

What if you ARE using a surveillance device?

A
  • if no surveillance device used, no trespass involved, neither warrant nor warrantless search power required.
  • if no surveillance device used, trespass involved, get warrant.
  • If using surveillance device, (not trespassing) and could get warrant, GET ONE.
33
Q

Case Law: R v LAUGALIS, R v WILLIAMS

Surveillance with/without warrant: point to note

A

If you carry out surveillance with a device, or conduct search or obtain evidential material “without” a warrant, BUT opportunity existed for you to GET a warrant,

…evidence obtained is likely to be inadmissible.

34
Q

Search and Surveillance - what is the presiding point to note re. what will be considered in court as to whether you should have got Warrant /exercised search power ?

A
  • Reasonable expectation of Privacy

SSGT CPK 2017-727 (13 decks)

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