electronic ops Flashcards
what four things must OC phones do in first 24 hours:
(pg 89)
-trapping or pre loading phone data:
ID new cell phone numbers and have telco trap data to recover messages
-TSP liasion:
Establish working relationship with with one contact at Telco for OP.
-draft production order early:
Backbone of enquiry and will be the foundation for all production orders and SW. Update as OP progresses.
-analysts:
Use analyst to format data into spreadsheets. OC Phones must know all evidential relevance of call data
-proving phone ownership:
Attribution of each phone number to individuals.
-Criteria for issuing a surveillance device warrant (Section 51 S&S Act)
s51(a) SASA12:
there are reasonable grounds:
i) to suspect that an offence has been / is being / will be committed in respect of which this act or any enactment specified in column 2 of the schedule authorises the officer to apply for a warrant to enter premises for the purpose of obtaining evidence of the suspected offence AND
ii) TO BELIEVE the use of surveillance device will evidential material as to the offence. AND
b) the restrictions in s45 do not prevent the issuing of a surveillance device warrant
s45 SASA12 - restrictions in issuing surveillance device warrant
s45
(1) cannot undertake tresspass surveillance (other than tracking device) except in order to obtain evidence in relation to:
a) offence punishable by 7 years or more
b) offence against 44-45, 50-51, 54-55 Arms Act 1983
(2) cannot use interception device except to obtain evidence of
a) offence punishable by 7 years or more
b) offences against 44-45, 50-51, 54-55 Arms Act 1983
When is a surveillance device warrant required - s46 SASA12
a) Use of interception device to intercept private communications
b) Use of a tracking device, except where the tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with or in some other way dealt with and the installation of the device does not involve trespass to land or trespass to goods.
c) Observation of private activity in private premises and any recording of that observation, by means of a surveillance device.
d) Use of a surveillance device that involves trespass to land or to trespass to goods
e) Observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device and the duration of the observation for the purposes of a single investigation or a connected series of investigations exceeds – 3 hours in any 24 hour period or 8 hours in total.
What offences can electronic operations be conducted in relation to drug offending?
Only offences against Sec 6, and only those offences involving class A or B drugs.
eg, imports class A or B / manufactures class A or B / supplying Class A or B.
What information MUST be in a surveillance device warrant? Sec 55 SASA2012
- Must be in prescribed form
- be directed to every enforcement officer with authority to do the activities
- specify a period upto 60 days for the SW to be in force.
- a condition to provide a SDW report.
- Contain a condition of privilege.
Sec 64 SASA 2012 - disposal of surveillance data
Data that is not retained as part of Sec 63 or as court record is deleted or erased
What is a surveillance device?
-an interception device:
Anything capable of being used to intercept or record private communication, but does not include hearing aids etc.
-a tracking device:
A device used to help ascertain the location of a thing or person or/and whether a thing has been opened or tampered with.
-visual surveillance device:
Any device capable of being used to observe and observe and record a private activity, but does not include contact lenses or glasses etc.
What is a private communication?
a) any communication, whether oral, written or telecommunication, made in circumstances where any one of the parties desires the communication to be confined to themselves BUT,
b) does not include any communication where one of the parties expects the communication may be intercepted without the express or implied consent of the other party.
