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Search and Surveillance CIB Module > CIB Module > Flashcards

CIB Module Flashcards

1
Q

What happens if someone you are searching by consent withdraws their consent?

A

They may withdraw their consent at any time. Stop immediately, unless you can invoke a warrantless search power to continue to search.

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2
Q

Before undertaking a consent search you must advise them…

A

Of the reason for the proposed search and they may consent or refuse to consent to the search.

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3
Q

If you are unable to get a search warrant or use S117, what can you do?

A

Search using a warrantless search power
OR
Search by consent

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4
Q

S110 authorises you to…

A
  • Enter and search the place, vehicle or thing, that you are authorised to enter and search.
  • Search any item or items found in that place, vehicle or thing (if reasonable).
  • Use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure.
  • Seize anything that is the subject of the search or anything else that may be lawfully seized.
  • Request assistance with entry and search.
  • Bring and use any equipment found in that place, vehicle or other thing.
  • Bring and use a trained law enforcement dog and its handler.
  • Copy any document, or part of a document, that may be lawfully seized.
  • Access a computer system or other data storeage device.
  • Copy intangible material, EG computer data.
  • Take photographs, sound and video recordings and drawings.
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5
Q

What can you do with S116?

A

You can secure a place, vehicle or thing to be searched and exclude anyone from there.

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6
Q

What can you do with S118?

A

You can detain people when searching places and vehicles for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search.

If that person tries to leave the place or the vehicle you can use reasonable force to detain the person to be searched.

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7
Q

What can you do with S119?

A

-You can search people found when searching places and vehicles if you have RGTB that evidential material that is the object of the search is on that person
OR
-If you have RGTS that the person is in possession of a dangerous item that poses a threat to safety and you believe that immediate action is needed to address that threat.

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8
Q

What can you do with S120?

A

If you are in fresh pursuit, and with RGTB that relevant evidential material is still on the person, you have the power to enter any place to apprehend the person and search the person or vehicle.

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9
Q

Recognised privileged material includes material gained through communication with…

A
  • Legal advisers
  • Ministers of religion
  • Medical practitioners
  • Clinical psychologists
  • Informers (informants)
  • Journalists
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10
Q

There are set procedures when a search invovles privileged material held by a specified person. You must-

A
  • Ensure the person or their representative is present when the search is undertaken.
  • Give the person a reasonable opportunity to claim privilege.

As soon as practicable after being given the opportunity, that person must provide you with a list of the things (such documents) which they claim are privileged.

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11
Q

What can you do with S117?

A

If a SW application is about to be made or has been made and you are waiting to hear if it has been authorised, and you have RGTB that evidential material may be CADD or removed before the search warrant can be issued, you may:

  • Enter and secure a place, vehicle or other thing, and
  • Secure any item found there, and
  • Direct any person to assist with entry and securing the place or vehicle or securing items in it.
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12
Q

The powers in 117 may be exercised until the following occurs:

A
  • The expiry of 6 hours from when the first power is exercised
  • The warrant is available for execution at the place, vehicle or in respect of that other thing.
  • The application for the SW is refused.
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13
Q

When the issuing officer does not sign the search warrant you should:

A
  • Record the issuing officers reasons for refusing to sign
  • Consider the issues raised and if possible re-draft the application, ensuring you have addressed these issues
  • Re-submit the application to the same Issuing Officer
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14
Q

When is a search warrant considered executed?

A

When you (or anyone assisting you):

  • Have seized the evidential material specified in the search warrant, or
  • Leave the place, vehicle or thing to be searched and do not return within 4 hours
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15
Q

What if you do not what the occupants (of the place to be searched) to see the evidential material sought attached to you SW?

A

You may delay complying with S131 announcement at the time of entry.

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16
Q

When you are executing a search warrant for drugs (offence is against MODA75) you may…

A

Search any person found in the place or vehicle you are searching (S19).

17
Q

When you exercise a power to search any person (drug search) you may…

A
  • Detain the person to enable the search to be carried out (for as long as reasonably necessary)
  • Use force that is reasonable for the purposes of the search
  • Search any item that the person is wearing, carrying or in that person’s physical possession or immediate control
  • Seize anything carried by or in their physical possession or immediate control if the thing is the subject of the search or may be lawfully seized.
18
Q

A production order is in force for…

A

The period specified in the order (not exceeding 30 days after the date in which the order is made).

19
Q

In relation to damage to property during a SW or statutory power executed, when a claim arises you should…

A
  • It should be directed by the O/C of the incident to the District Commander or National Manager for consideration, along with a report containing:
  • The circumstances in which the SW or statutory power was executed
  • The grounds for execution
  • The damage caused and the associated circumstances
  • The outcome of the SW or statutory power being executed
  • Details regarding the owner of the property and the occupier or user of the property, at the relevant time
  • The nature and basis of the claim, as stated by the owner of the property
  • Any steps taken by police or the owner to prevent further loss or damage
20
Q

What are the different types of surveillance devices?

A
  • A visual surveillance device
  • An interception device
  • A tracking device
21
Q

What is a visual surveillance device?

A

(a) Means any electronic, mechanical, electronmagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used to observe, or to observe and record, a private activity, but
(b) does not include spectacles, contact lenses, or a similar device used correct subnormal vision of the user to no better than normal vision.

22
Q

What is private communication?

A

(a) means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication, but
(b) does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably 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.

23
Q

What is curtilage?

A

Means 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 daily activities take place.

24
Q

What is the difference between curtilage of a suburban house compared to a rural property?

A

A suburban house is likely to be clearly defined by a fenceline whereas on a farm, the house and curtilage will form a small part of the whole property.

25
Q

What is defined in 46(e) activities for which surveillance device warrant is required…

A

observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording observation, for the purposes of a single investigation, or a connected series of investigations, exceeds -

(i) 3 hours in any total 24-hour period, or
(ii) 8 hours in total

26
Q

What is an interception device?

A

(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.

NOTE: A surveillance device warrant is required to use an interception device to intercept a private communication.

27
Q

What is voluntary oral communication?

A

A voluntry oral communication is a communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded.

There is no requirement to obtain a surveillance device warrant to intercept and record a voluntary oral communication.

28
Q

What is a tracking device?

A

(a) means a device that, may be used to help ascertain, by electronic or other means, either or both of the following:
(i) the location of a thing or person;
(ii) 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.

29
Q

A surveillance device warrant may authorise the use of a tracking device to obtain…

A

Evidential material for the investigation of any offence punished by imprisonment.

30
Q

What is S48?

A

Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency.

31
Q

How long is the warrantless period for S48?

A

Not exceeding 48 hours.

32
Q

What are the situations in which S48 can apply?

A

(a) the enforcement officer has reasonable grounds—
(i) to suspect that an offence punishable by a term of imprisonment of 14 years or more has been, is being, or is about to be committed; and
(ii) to believe that use of the surveillance device would obtain evidential material in relation to the offence:
(b) the enforcement officer has reasonable grounds—
(i) to suspect that any 1 or more of the circumstances set out in section 14(2) exist; and
(ii) to believe that use of the surveillance device is necessary to prevent the offending from being committed or continuing, or to avert the emergency:
(c) the enforcement officer has reasonable grounds—
(i) to suspect that any 1 or more of the circumstances set out in section 18(2) exist; and
(ii) to believe that use of the surveillance device is necessary to facilitate the seizure of the arms:
(d) the enforcement officer has reasonable grounds—
(i) to suspect that a category 3 or 4 offence in relation to arms or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed; and
(ii) to believe that use of the surveillance device would obtain evidential material in relation to the offence:
(e) the enforcement officer has reasonable grounds—
(i) to suspect that an offence has been committed, or is being committed, or is about to be committed in relation to a controlled drug specified or described in Schedule 1, Part 1 of Schedule 2, or Part 1 of Schedule 3 of the Misuse of Drugs Act 1975, or to a precursor substance specified or described in Part 3 of Schedule 4 of that Act; and
(ii) to believe that use of the surveillance device would obtain evidential material in relation to the offence:
(f) the enforcement officer has reasonable grounds—
(i) to believe that a person is in possession of any 1 or more of the things described in section 81(2)(a) to (d); and
(ii) to believe that use of the surveillance device is necessary to facilitate the thing’s seizure.

33
Q

When it is impractical to apply for a PO in writing along with a personal appearance, you may apply to:

A
  • make an application orally EG by telephone or personal appearance, OR
  • have your application considered without a personal appearance or oral communication
34
Q

What is the duration of a production order?

A

For the period specified in the order, not exceeding 30 days after the date in which the order is made

35
Q

Who can issue a SW?

A 
An issuing officer may be:
-District Court Judge
-High Court Judge
OR
Any person authorised by the Attorney General such as:
-Justice of the Peace
-Community magistrate
-Registrar 
-Deputy Registrar
36
Q

To undertake a warrantless search of a person for a controlled drug (s22) you must:

A
  • Have RGTS that an offence against MODA75 has been, is been or is about to be committed in respect of that controlled drug, and
  • Have RGTB that a person is in possession of a controlled drug or precursor substance
37
Q

What are circumstances where a surveillance device warrant is not required?

A
  • Voluntary oral communication where at least one party gives consent to the communication being recorded
  • The use of a visual surveillance device that does not exceed the time limitations
  • Situations of emergency or urgency where police need to act immediately without a warrant (s48)

Search and Surveillance CIB Module (1 decks)

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