Definitions Flashcards
Define RGTS and RGTB
RGTS = having a sound basis for suspecting that a situation or circumstance exists.
RGTB = having a sound basis for believing that a situation or circumstance actually exists.
Define evidential material.
Evdiential material, in relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the the offence.
Define tangible and intangible.
Tangible: something that may be touched.
Intangible: unable to be touched, not having physical presence.
Define CADD and provide an example for each.
Concealed: burying or hiding items in another place or removing them.
Altered: changing or removing serial numbers from stolen property in an attempt to disguise it.
Damaged: cutting out the firewall of a stolen car to remove an identifying feature.
Destroyed: consuming food, alcohol, drugs or burning clothing.
Define and list some examples of privileged material.
Privilege allows the holders of particular information to refuse to disclose this information.
This information is recognised as privileged under the S+S Act.
Recognised privileged material includes material gained through communications with:
- -Legal advisors
- -Ministers of religion
- -Medical practitioners
- -Clinical Psychologists
- -Informants
- -Journalists.
No privilege applies if the information is made, received, compiled or prepared for a dishonest purpose or to enable or aid any person to commit an offence.
What is a Production Order?
Production Orders are made under S74 of the S+S Act requiring a person or organisation (such as a business) to produce documents to enforcement agencies as evidential material of a specified offence.
What is surveillance?
Police surveillance is planned and directed activity, either open or covert, and for the purpose of:
- -Observing, (and any recording of that observation), of people, vehicles, place 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.
What is a surveillance device?
A surveillance device is a device which assists and enhances your normal capabilities to carry out the surveillance.
What is a visual surveillance device?
Visual surveillance device-
(a) means any electronic, mechanical, electromagnetic, optical, or electroptical instrument, apparatus, equipment, or other device that is used to observe and record, a private activity; but
(b) does not include spectacles, contact lenses, or a similar device used to correct sub vision of the user to no better than normal vision.
What is Trespass under S+S?
Unauthorised entry onto private land or unauthorised handling of goods, unless authorised by a surveillance device warrant.
Define private premises.
Private premises means a private dwellinghouse, a marae, and any other premises that are not within the definition of non-private premises.
Define private activity.
Activity that, in the circumstances, any one or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants.
Define private communication.
Private communication -:
(a) means a communication (whether 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 communications; 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.
Define Trespass surveillance.
Trespass surveillance means:
- Surveillance that involves trespass to land or trespass to goods.
Define Curtilage.
Curtilage 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.