MASTER Flashcards
What is the necessary mind-set you must have when searching a person/vehicle in a public place, for a 14 year offence?
You mush have RGTB that evidential material is in/on the person (S16) / vehicle (S17).
What are the two key ingredients required for any situation to be recognised as one of emergency or urgency.
Two key ingredients exist for any situation to be recognised as one of emergency/urgency:
- ‘Entitled to apply’ means you would be entitled to make an application for a SDW as the situation is one of serious criminal activity.
- ‘Impracticable in the circumstances’ means you need to use the device urgently as it is not immediately practicable to obtain a SDW.
Outline the criteria for surveillance without warrant in situations of emergency/urgency.
If the situation has been identified as one of emergency/urgency, and the suspected offence has been, is being, or is about to be committed AND is:
- Punishable by 14 years of imprisonment or more and
- You believe that use of the SD would obtain evidential material in relation to the offence:
- Arms Act 1983 offence
- – Or a person by reason of their physical or mental condition (however caused) is incapable of having proper control of the arms; or may kill or cause bodily injury to any person;
- – Or that under the Domestic Violence Act 1995 a protection order or a PSO is in force against the person;
- – Or there are grounds to make an application against him or her for a protection order.
– a drug offence; OR
- there is a situation which is:
- –likely to cause injury or serious property loss/damage and surveillance is necessary to prevent offending from being committed or continuing
- –presenting risk to life and safety and surveillance is necessary as an emergency response. (S14)
In what situation can a 13 year old consent to the search of a vehicle?
A person under 14 is unable to consent to the search of a place, vehicle or other thing UNLESS they are found driving with no passengers of or over 14 with authority to consent to the vehicles search.
You do not have to report a consent search, but they may withdraw consent at any stage. If consent is withdrawn, stop immediately unless able to invoke a search power
What to do with an non-compliant suspect after you have invoked a search power? Use AWOCA to explain
Ask – Greet the person and identify yourself.
- Ask the person to comply with the search
Why – Give the reasons for your actions
- Intention to search under SAS12
- Based on belief/suspicion
Options – Present options
- Allow search or
- Be arrested for obstruction
Confirm – Confirm that the person understands the options.
Action – Take Action
- Arrest for obstruction
Define curtilage and provide examples.
- Curtilage: The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’.
It defines a boundary within which a home owner can have a reasonable expectation of privacy and where ‘common daily activities’ take place.
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 belong 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 fence line, whereas on a farm, the house and curtilage will form a small part of the whole property.
Explain surveillance powers regarding curtilage. Provide an example
S46 – Activities for which SDW required:
(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 that observation, for the purposes of a single investigation, or a connected series of investigations, exceeds –
(i) 3 hours in any total 24-hour period; or
(ii) 8 hours in total
Explanation: A visual surveillance device may be lawfully used without warrant to gather evidential material for a serious offence if its usage does not exceed the established time limits.
- Eg. Constable Brown receives information a man is growing cannabis in an area behind his house. The information is not substantiated and Constable Brown decides to begin his investigation by viewing the property through his binoculars from a nearby hill to determine if a cannabis plot can be seen on the property.
What is privilege?
Privilege allows the holders of particular information to refuse to disclose this information. This information is recognised as ‘privileged’ under S&S12.
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.
Recognised privileged material includes material gained through communication with:
- legal advisers
- minsters of religion
- medical practitioners
- clinical psychologists
- informers (informants)
- journalists
Explain procedures when a search involves privileged material held by a specified person.
You must:
- Ensure that person or their representative is present when the search is undertaken.
- Give the person a reasonable opportunity to claim privilege.
- ASAP after being given the opportunity to claim privilege, that person must provide you with a list of things which they claim are privileged.
If you are searching and have RGTB that anything discovered may be privileged, what must you do?
Provide the person an opportunity to claim privilege.
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 to expect’ must be an objective test i.e. what any person would expect.
Where private activities occur is of key importance.
What must you consider when determining what constitutes ‘private activity’?
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.
Briefing for search warrant. Use GSMEAC template to explain.
Ground
- location to be searched
- address
- neighbours
Situation
- reason for seeking the search warrant
- background on any suspect(s)
Mission
- address
- suspect(s)
- specific evidential material sought
Execution
- timings
- method of entry
- roles – O/C Scene, O/C Exhibits etc
- responsibilities
- obligations on entry
- managing suspects
- searching for evidential material
- recording evidential material
- assisting vulnerable people
- sequence of events
- managing risks and ensuring safety
Administration
- travel to and from the place to be searched under warrant
- timing of the search warrant execution
- recording of evidential material seized
Communication
- cell-phone numbers and radio channels
- before executing the search warrant
- during execution of the search warrant
- debrief
Risk assessment must be ongoing. In preparation for a SW execution plan, what must you do?
- Review and re-assess the identified risk
- Work with others to identify and consider any further risks
- Plan how to manage and minimise any identified risks
- Determine how risk management will be communicated in your SW briefing.
When is a search warrant considered executed?
When you, or somebody assisting you:
- Have seized the evidential material specified in the SW OR
- Leave the place, vehicle or thing to be searched, and do not return within 4 hours.
If executing a search warrant in relation to Cannabis and Police leave the address without seizing specified evidential material, can Police return.
Yes, as long as Police return to the address within 4 hours.
