Definitions Flashcards
Define RGTS
Reasonable grounds to suspect (RGTS) means having a sound basis for suspecting that a situation or circumstance exists.
Example:
You enter a house or vehicle because you suspect an offence has been, is being, or is about to be committed there.
Define RGTB
Reasonable Grounds to Believe (RGTB) means having a sound basis for believing that a situation or circumstance exists.
Example:
You enter and search a house or vehicle, or search a person because you believe that a search will find the evidential material you are looking for.
Define Evidential Material
Evidential 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 offence.
Tangible
According to the Oxford Dictionary, tangible means something that may be touched.
Intangible
According to the Oxford Dictionary, intangible means ‘unable to be touched; not having physical presence’.
Define CADD
When deciding if you should use a warrantless power, amongst other things you should consider if there is a possibility that evidential material will be subject to CADD.
- Concealed
- Altered
- Damaged
- Destroyed
You must be able to explain your RGTB that the evidential material you are searching for will be subject to CADD.
Define surveillance device
A surveillance device is a device which assists and enhances your normal capabilities to carry out the surveillance.
A surveillance device may be any one or more of the following kinds of device.
* a visual surveillance device
* an interception device
* a tracking device
Define visual surveillance device
Visual surveillance device –
(a) means any electronic, mechanical, electromagnetic, 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 to correct subnormal vision of the user to no better than normal vision.
Section 46 Activities for which surveillance device warrant required
(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device.
Some exceptions apply to the requirement to obtain a surveillance device warrant for the use of a visual surveillance device.
These are:
* situations of emergency or urgency (although use of a surveillance device in these situations must still be reported in the on-line system); and
* activities that do not require a warrant
Define Private Land and goods
Where surveillance with a surveillance device is concerned, the Search and Surveillance Act restricts surveillance activity in places an individual ‘ought reasonably to expect’ are private.
Those places include land (in private ownership) and any private premises on that land, and ‘goods’.
Goods generally mean chattels and include vehicles and other tangible belongings.
Surveillance is unlawful if it involves a trespass, which is unauthorised entry onto private land or unauthorised handling of goods, unless authorised by a surveillance device warrant.
(Exceptions apply in situations of emergency or urgency).
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 Non-private premises
Non-private premises means premises, or part of a premises, to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport or shop.
Note: Not all parts of hospitals, bus stations etc are non-private premises. Areas that would be considered as private are:
* hospitals – theatres, consulting rooms
* railway station – office area , staff meal room
Define Private Activity
The definition of private activity acknowledges fundamental human rights.
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 i.e. what any
person would expect.
Where private activities occur is of key importance.
Consider – would you expect your participation in the following activities to
be private?
* sleeping in a hotel room
* planting in your back garden
* trying on clothes in a changing room
Be aware – private activities may occur in places that do not fit the definition
of private premises.
Define private communication
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.
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.
Define Trespass surveillance
Trespass surveillance means –
Surveillance that involves trespass onto land or trespass to goods.
Trespass surveillance occurs the moment an enforcement officer steps onto private property without consent.
For surveillance purposes, if you do not have consent to enter onto private property, then you are trespassing.
Restrictions on use of surveillance devices
Any warrant application to use a visual surveillance device for trespass surveillance will only be authorised for obtaining evidential material for serious offences.
Any warrant application to use an interception device, whether or not a trespass surveillance occurs, is restricted to obtaining evidential material for serious offences only.
(A serious offence is an offence punishable by 7 years imprisonment or more).
Section 46 – Activities for which surveillance device warrant required
(d) Use of a surveillance device that involves trespass onto private property
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.
Activities that do not require a warrant cover the use of a visual surveillance device within the curtilage of private property but usage is restricted to time limitations.
Explanation:
The curtilage of a dwelling is the ground between the fence, garden, hedge or mowed grass border and the dwelling. It can be taken to mean a garden, yard or field, or other piece of ground or building near to or belonging to a house.
The curtilage of a dwelling does not necessarily equate with the boundary of the property, although in the vast majority of cases the boundary and the curtilage will coincide exactly. Thus, the curtilage of 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.
Define Interception
Intercept in relation to a private communication, includes hear, listen to, record, monitor, acquire or receive the communication either –
* when it is taking place, or
* while it is in transit
Define Interception Device
Interception device –
(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.
Section 46 – Activities for which surveillance device warrant required
(a) Use of an interception device to intercept private communications
