Electronic Operations

Question 1

What offences can you use electronic operations?

Answer 1

Offences under section 6 for Class A and B only.

Question 2

Define evidential material

Answer 2

Evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.

Question 3

Define private communication

Answer 3

(a) - means a communication 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

Question 4

Define interception device

Answer 4

(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

DOES NOT INCLUDE:
- a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.

Note: SDW required to use interception device

Question 5

Define tracking device

Answer 5

(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 a person
(ii) whether a thing has been opened, tampered with, or in some other way dealt with but

• DOES NOT INCLUDE a vehicle or other means of transport, such as a boat or helicopter

Note: Only be used with assistance of AOS

Question 6

Define surveillance device

Answer 6

• a visual surveillance device - assists to observe and record
• an interception device - assists to hear and record
• a tracking device - assists to locate person or thing or if it has been handled

Question 7

Define visual surveillance device

Answer 7

(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
- DOES NOT INCLUDE: spectacles, contact lenses, or similar device used to correct subnormal vision of the user to no better than normal vision.

Question 8

WHAT ACTIVITIES IS A SDW REQUIRED FOR? *

Answer 8

• use of interception device
• use of tracking device unless used for tracking something regarding if its tampered or opened
• obs of private activity in private premises or curtilage and any recordings
• use of surveillance device that involves trespass to land or goods

cannot exceed:

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

Question 9

Situations of emergency

Answer 9

• punishable by 14+ years
• Arms Act 1983 offence
• RGTS drug offence has is or about to be committed in relation to controlled drugs and RGTB evidential material will be obtained
• injury or serious property damage
• risk to life or safety

Question 10

R v McGinty (applying of warrant)

Answer 10

The evidence in the present case of continued heroin dealing, in respect of which the orthodox techniques such as searching premises and following vehicles had been tried without success, was sufficient. A Judge was not required to refuse a warrant because the Police had not exhausted every conceivable alternative technique of investigation.

Question 11

Admissibility of evidence - Section 57

Answer 11

Evidential material obtained as a result of a SDW in relation to an offence that was not listed in the warrant may be admissible as long as they could have got a SDW in relation to that offence.

Question 12

WHAT IS THE CRITERIA FOR ISSUING A SDW? *

Answer 12

• RGTS offence has/is/about to be committed
• Officer authorized to apply for SDW
• to enter and obtain EM relating to offence
• RGTB use of SDW will obtain EM

Question 13

R V MCGINTY - PROTECTION OF CHIS *

Answer 13

Disclosure of the identity of alleged informants was not required under the Act, and the trial Judge was correct in deleting from the application certain parts which would have been likely to lead to the identification of informants. However, the trial Judge was entitled to insist on disclosure if he saw fit.

Question 14

What information must be included in a SDW?

Answer 14

• be in prescribed form
• directed to every enforcement officer who has authority to carry out activities in the SDW
• specify period up to 60 days to be in force
• condition to provide a SDW report
• condition as to privilege

Question 15

What other conditions are necessary in a SDW?

Answer 15

• name of Judge and date
• type of surveillance device
• provisions of applying for suspected offence
• name/address of person/place/vehicle that is the object of the warrant
• evidential material relating to suspected offence
• provisions as to entry and use of force

Question 16

What are the reporting requirements for a SDW?

Answer 16

Provide report to issuing Judge 1 month after expiry under S and S Act 2012

Question 17

What are the reasons an intercepted communication would be withheld during a prosecution?

Answer 17

• prejudicial to the maintenance of law
• endanger safety of any person
• prejudicial to security or defense of NZ
• investigative techniques relating to covert ops

Question 18

Telephone analysis

Answer 18

Telephone analysis is a critical investigative tool in any enquiry. Call associated data can be obtained via section 6 search warrants for historical data. Surveillance device warrants can be issued for information on a continuing basis.

Question 19

Text message storage

Answer 19

Text messages are stored by TSP’s who have the ability to ‘trap’ or ‘pre load’ message content to allow time for the information to be obtained via section 6 production orders. O/C Telephones must establish processes in the first 24 hours of any operation.

Question 20

What are the 4 key activities the telephone investigator should undertake in the first 24 hours?

Answer 20

• Trapping or pre loading phone data
• TSP liaison
• Draft a production order application early
• Proving phone ownership / use