Deck Four Flashcards
Using hearsay evidence
Can be used to outline the grounds on which the application is made, if highly reliable. Indicate its reliability by stating: - Sufficient information to prove the reliability of what has been stated - The informants reliability and whether they have given reliable info in past. - Whether the Information has been confirmed by other means
Post search process Procedure - SW justified by outcome
Where execution of SW is justified by outcome of execution and the resulting loss or damage is suffered by the subject compensation will seldom be paid. - Example: SW at address for cannabis where plant are found and owner aware of plants, compensation for damage will not be paid.
Procedure - SW not justified by outcome
Where the execution of a SW is not justified by the outcome but grounds for the execution were sound, compensation is unlikely. Results on case by case basis. - Example SW executed at address where occupants are believed to be dealing meth. Credible grounds for SW. nothing found, compensation is unlikely for justifiable damage.
Damage caused to rentals
- Landlords and those who have boarders living in a property belonging to them will generally carry the risk in respect of illegal activity taking place. - Insurance may cover repairs
Unreasonable searches or unjustified damage
- Method of entry an manner in which the search is conduced must be reasonable - Where unjustified damage is caused, compensation may be available
Mistakes when SW’s or powers are executed
- When a mistake is made in the execution of a SW, eg wrong address, compensation is likely.
Policy – police employees
Police employees must not incur expenditure or any indication or undertaking on behalf of police to rectify damage cased to any property in execution of SW.
Policy – where claim arises
It should be directed by O/C of incident to the District Commander or national manager for consideration, with a report containing - Circumstances in which the SW was executed - Grounds for its execution - Damage cased and circumstances - Outcome of SW - Details of owner of property and occupier at time - Nature and basis of claim, as sated by owner - Steps taken by police or owner to prevent further loss or damage O/C should assist owners in putting their claim forward for consideration if they lack ability to do so
Securing premises
Premises should never be left unoccupied and insecure after a forced entry as liability may arise. O/C should make every attempt to prevent loss by ensuing property is secured. Securing property- will mean - Liaising with the owner or occupier to secure their own property. - At occupiers request or owners, engage with a contractor to make the premises secure on understanding they will bear the cost. - Attending staff effect temp repair.
Surveillance - What is surveillance?
Planned and directed activity. Either open or covert and for purpose of - Observing and recording of that observation, of people, vehicles, places and things - Ascertaining (tracking) the location of a thing or person, or whether a thing has been interfered or tampered with - Intercepting a private communication
Surveillance – regulates
The SnS act 2012 regulates only those surveillance activities undertaken by means of a device: - Where trespass is not involved - Where trespass is involved - Where warrantless powers exists
Surveillance – risk assessment
Surveillance is risky. These risks must be: - Ided - Assessed - Considered in planning before surveillance is executed
Surveillance – TENR
- Threat - Exposure - Necessity - Response Thorough risk assessment is a component of the surveillance device warrant app process and must be repeated before a SDW is executed
What is a surveillance device
A device which assists and enhances your normal capabilities to carry out the surveillance May be on or more of the following kinds of device - A visual SD - An interception device - A tracking device
What is a visual SD
Visual surveillance device – (a) Means any electronic, mechanical, electromagnetic, optical or other device that is used to observe, or to observe and record a private activity, but (b) Does not include specticals or similar used to correct normal vision.
Visual SD sec 46
Activities for which a SDW required (c) Observation of private activity in private premises and any recording of that observation by means of a VSD
Visual SD sec 46 – exceptions
Some exceptions apply to the requirement to obtain a SDW for use of a VSD - Situations of emergency or urgency (although use of a SD in these situations must be still reported online) and: - Activities that do not require a warrant
Private lands and goods
SnS act restricts surveillance activity in places an individual ‘ought reasonably to expect’ are private. - Land in pricate ownership - Any private premises on that land and ‘goods’ (chattels – vehicles, tangible belongings)
Surveillance - trespass
Surveillance is unlawful if it involves trespass, which is unauthorised entry onto private land or unauthorised handling of goods Unless authorised by a SWD
Private premises
Private premises means a private dwelling house, marae, and other premises that are not within the definition of no-private premises
Non – private premises
Premises, or part of a premises which members of public frequently are permitted to have access. - Any part of a hospital (not consulting rooms, theatres) - Bus station - Rail station (not office, staff meal room)
Private activity
A participant in an activity can reasonably expect the activity is private, if it is carried out in private premises. - But – ‘ought reasonably to expect’ must be an objective test (what any person would expect) - Where private activity occurs is key importance. - Consider – Hotel room, back garden, changing room.
Private Communication
(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.
Private Communication – note
Note that any person can reasonably expect their communication to be private when it occurs in circumstances where they have the right to expect it will not be intercepted or recorded. Where reasonable expectations of privacy are interfered with or intruded upon by the use of an interception device, a surveillance device warrant is required.
