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Search and Surveillance > Misc > Flashcards

Misc Flashcards

1
Q

Considerations for practicability for obtaining warrant in the circumstances

A
  • is there time to gain approval and apply for SW
  • can the scene be secured S117
  • are resources available
  • is EM at risk
  • location of search and who might be present
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2
Q

Benefits of using a SW

A
  • ensures judicial oversight
  • provides greater protection for Police and the public
  • requires recording and reporting of results
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3
Q

What reasons must exist to justify S92 consent search?

A
  • to prevent offence
  • to investigate whether an offence has been committed
  • to protect life/property
  • to prevent injury/harm
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4
Q

What must a person be advised before a consent search?

A
  • reason of search AND
  • that they may consent or refuse consent to search
    *if consent to search they may withdraw consent at any time
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5
Q

What age can consent to search?

A

14 and over

Under 14 cannot consent to search of place vehicle or other thing (unless found driving with no passengers over 14)

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6
Q

S131 Obligations

A

RAIN

Reason (if w/l): reason for search and *remember to caution detained people and provide copy of SW or w/l search notice and provide inventory of items seized

Act: state name of act

Intention: to enter and search

Name: identify yourself by name/QID and provide evidence if not in uniform

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7
Q

Power to search

Section number
(10)

A

S110

  • enter and search P V OT
  • search and item
  • use reasonable force
  • request assistance
  • bring and use equipment
  • bring and use dog and handler
  • copy any document
  • access computer system/data storage device
  • copy intangible material
  • take photos, recording and drawings
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8
Q

What can you do if your search is impeded?

A
  • if impeded or RGTB any person would obstruct/hinder search, use S116 to:
  • exclude person
  • give any reasonable direction to that person
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9
Q

AWOCA

A

If person resists arrest work through AWOCA to warn person and arrest for obstruction of necessary

ASK - ask to comply with search
WHY - give reasons
OPTIONS - allow search/K9
CONFIRM
ACTION

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10
Q

Special rules for searching people

A

S125
- can search any item the person is wearing, carrying, has in their physical possession or immediate control
- seize and item ^^

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11
Q

If someone arrives at P V and starts talking to person detained, you may

A
  • exclude from scene if RGTB obstruct/hinder
  • detain person to determine connection
  • search of RGTB EM
  • search if RGTS dangerous item/threat
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12
Q

Fresh pursuit

A

If person to be searched gets in car and drives away, you may pursue
If they drive into driveway and enter house, you may enter house if RGTB EM is on person/vehicle

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13
Q

Recognised privileges
(6)

A

Legal advisers
Ministers of religion
Medical practitioners
Clinical psychologists
Informants
Journalists

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14
Q

Practical search procedure for privilege

A

-person/rep is present and give reasonable opportunity to claim privilege
- person must provide list of privileged things ASAP
- complete inventory list of seized documents and show to person to confirm accuracy
- person make take copy of seizes doc and may object to seizure
- if RGTB anything discovered is privilege, must provide person opportunity to claim
- if receive/expect to receive claim of privilege, secure thing but do not continue to search or examine

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15
Q

S21 BOR

A

Everyone has the right to privacy in their own home and the right to refuse entry

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16
Q

Sw process 7 key steps

POOP ERF

A
  1. Prior approval
  2. Online approval
  3. Issuing officer authorisation
  4. Plan and brief SW
  5. Execute
  6. Report outcomes
  7. File investigation records
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17
Q

Before making SW application

RATS

A

Ensure RGTS offence and RGTB EM
Check target history
Assess risks
Obtain supervisor approval

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18
Q

SW risk assessment

I
A
C

A

Risks must be identified, assessed and considered in planning
Before approval and before execution

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19
Q

Power to secure address

A

S117
If SW about to be made/has been made and waiting for authorisation and RGTB EM will be CADD/removed and at that place/vehicle
- enter and secure
- secure any item found there
- direct any person to assist with entry and securing place/vehicle/items

Until first of:
- 6hrs, SW available/refused

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20
Q

Who can authorise SW

A

Issuing officer are the only people that may issue a SW. (DC/HC judge)

Or any person authorised by attorney general such as: justice of peace, community magistrate, registrar or deputy registrar

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21
Q

What restrictions can an issuing officer impose

A
  • time the SW can be reasonably executed
  • require occupier to provide assistance
  • require report within specified time
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22
Q

Before a consent search, you must determine the reason is for…
PPPI

A

Prevent commission of an offence
Protect life or property
Prevent injury or harm
Investigate whether an offence has been committed

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23
Q

Definition of EM

A

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

Tangible: something that can be touched

Intangible: unable to be touched, not having physical presence

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24
Q

Examples of CADD

A

Concealed - burying/hiding items it removing

Altered - change or remove serial numbers

Damage - cut out the VIN

Destroyed - burn clothes, consume food

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25
Q

S131 Obligation notice

A

States that before or on initial entry you must give notice to the occupier

If SW: provide copy of SW

If w/l: state act and reason (unless impracticable)

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26
Q

What are the exceptions to S131 obligation notice?

A

If RGTB no one is present
If RGTB it would endanger any persons safety, prejudice the successful use of the power or prejudice ongoing investigations

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27
Q

When considering whether applying for a SW is practicable, with supervisor approval you can:

A

Apply orally
Apply by phone or email
Secure scene while you apply

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28
Q

When will a SW be authorised?

A

When issuing officer is satisfied the SW clearly shows RGTS offence and RGTB EM

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29
Q

Is application is refused, you should:

A

Record reasons
Consider issues raised and possibly re draft application
Resubmit to same issuing officer

If issues cannot be addressed: make further enquiries, consider continuing without search

If reasons do not seem justified, submit a report to legal services for direction

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30
Q

Who may execute a SW?

A

The person to whom it is directed or any Constable

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31
Q

How long is a SW valid?

A

No more than 14 days or no more than 30 days if you have justified why this is necessary and IO is satisfied

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32
Q

When can a SW be executed?

A

At any time that is reasonable under the circumstances or at a restricted time require by the IO

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33
Q

When is a SW considered executed?

A

When you have seized EM or leave P V OT and do not return within 4 hours

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34
Q

How often can a search warrant be executed?

A

Once unless more than once is applied for and justified and authorised

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35
Q

Risk assessment when preparing SW

A

Review and reassess identified risks
Work with others to identify risks
Plan how to manage and minimise risks
Determine comms of risk management

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36
Q

What are the two circumstances that could exist to make an application to postpone S131

A

If providing copy would endanger safety of any person or prejudice ongoing investigations

You can apply to judge to postpone your obligation

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37
Q

What section is the application to postpone made under?

A

S134

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38
Q

When should the application be presented to the judge?

A

At the time of the SW application or before 7 days has passed after execution

39
Q

How long can a judge postpone the obligation for?

A

A period not exceeding 12 months

40
Q

What is the primary concern of executing a SW?

A

Safety of staff

41
Q

Sections that authorise use of reasonable force when executing to:

A

S131 enter P V OT
S110 search (on property) and seize
S125 search person

42
Q

Key points of GSMEAC

A

GROUND
location to be searched
Address
Neighbours

SITUATION
reason for SW
Suspect background

MISSION
address
Suspects
EM sought

EXECUTION
Timings
Method of entry
Roles
Responsibilities
Obligations on entry
Managing suspects
Searching for EM

ADMIN AND LOGISTICS
Route
Timing
Recording of EM seized

COMMAND AND SIGNALS
phone numbers and radio channel
Debrief

43
Q

What is the person in charge of the SW briefing responsible for

A

Ensure all staff present
Reinforce verbal info with visual prompts
Use maps charts diagrams and photos
Provide copies of important info
Ensure staff are clear about r&r
Advise what can be recorded in aNb

44
Q

What are S125 obligations and what do they relate to?

A

When searching a person who must RAN them

Advise REASON for search
State the ACT
Identify yourself by NAME and produce ID if not in uniform

45
Q

What can you do when you exercise a power to search someone?

A

DUSS

Detain to enable search
Use force
Search any item (wearing, carrying or in physical possession or immediate control)
Seize anything that is subject of search or May be lawfully seized

46
Q

What is S121?

A

Power to stop vehicle if you intend to search it

Can use of SW or WL power

47
Q

What is S127?

A

Allows you to enter any place to locate the vehicle to execute SW if RGTB vehicle is there

Not required to specify place in SW

Must comply with S131

48
Q

Items of uncertain status

A

S112: if carrying out a lawful search and not reasonably practicable to determine if item can be lawfully seized you may remove items to determine if they can be lawfully seizes

The item must be within the scope of the original search

49
Q

When is S112 available?

A

If exercising search power, lawful search of person or lawfully in P V

50
Q

S123

A

Can seize in plain view when searching if RGTB the item could have been seized under SW or other power

51
Q

What section are production orders made under?

A

S74

52
Q

How long is a PO in order for?

A

The period specified on the order, not exceeding 30 days

53
Q

Who may apply for PO?

A

An enforcement officer to an issuing officer

54
Q

Who approves to apply for telecommunications information?

A

District approver

55
Q

What must the district approver consider before approving telecommunications PO?

A

Grounds for applying are met
Application is advantageous to police
Info sought does not make unreasonable or unnecessary demands

56
Q

Who needs to approve applications for new media organisations?

A

If district matter - DC
If PNHQ matter - police executive member

57
Q

What grounds are required to apply for PO?

A

RGTS offence
RGTB documents sought are EM and are in possession or under control of the person whom the order is sought

58
Q

Oral applications (without writing) can be granted if:

A

IO is satisfied that written app would compromise the effectiveness of the search AND written order can be properly determined on basis of oral comms or personal app AND all info has been supplied to them

59
Q

If oral application is allowed what is the timeframe for completing application to IO?

A

As soon as practicable and within 24 hours

60
Q

How can you indicate the reliability of hearsay evidence?

A

Sufficient info to prove reliability
Informant has been reliable in the past
Info confirmed by other means

61
Q

Damage to property. When do police pay?

A

Execution is justified - not be paid

Execution is not justified - unlikely to be paid

Mistake - compensation likely to be available

S14 - not be paid

62
Q

If a claim for property damage arises who is the report directed to and what should be included?

A

DC/NM

circumstances
Grounds for execution
Damage caused
Outcome of SW or power
Owner/occupier details
Nature of claim
Steps taken by police/owner to prevent further loss/damage

63
Q

What can you do to try and secure premises after forced entry?

A

Liaise with owner to secure property
At owners request engage with contractor (owner bears cost)
Staff make temporary repair

64
Q

What is surveillance?

A

Planned and directed activity, open or covert for the purpose of:

Observe and record
Ascertain location of thing or person and whether a thing has been interferes or tampered with
Interception private comms

65
Q

What is a surveillance device

A

A device which assists and enhances your normal capabilities to carry out surveillance

VSD
ID
TF

66
Q

What is a VSD?

A

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 other similar device used to correct subnormal vision to no better than normal vision

S46 SDW required when:
Obvs/recording of private activity in private premises by VSD

67
Q

What are the exceptions to not apply for SDW for use of VSD?

A

Emergency or urgency
Activities that do not require a warrant

68
Q

What do goods generally mean?

A

Chattels and includes vehicles and other tangible belongings

69
Q

What is the definition of private premises?

A

Private dwelling house, marae and any other premises not within the definition of non-private premises

70
Q

What is the definition of non private premises?

A

Premises or part of premises which members of the public are frequently permitted to have access to

Hospital, bus station, railway station, airport or shop

Not all parts are non private

71
Q

What is the definition of private activity?

A

Where a participant in an activity can reasonably expect the activity to be private, if carried out on private premises

Objective test - what any person would expect

72
Q

What is the definition of private communication?

A

Comms, oral or written or other form of telecommunication made under circumstances that may reasonably be taken to indicate that a party desires it to be confined to the parties in the communication.

Does not include when any party ought reasonably expect the comms to be intercepted by another person without consent

73
Q

What is trespass surveillance?

A

Surveillance that involves trespass on to land or goods.

Occurs the moment an enf off steps onto private property without consent

If you do not have consent, you are trespassing

74
Q

What are the restrictions on using a VSD and ID for trespass surveillance?

A

for obtaining EM for serious offences, 7+ year

S46(d)

75
Q

What is curtilage?

A

The land immediately surrounding a house or dwelling, Inc any associated buildings or structures, but excludes and associated open fields beyond

It defines the boundary where home owner can have a reasonable expectation of privacy

76
Q

What are the time restrictions on use of VSD within curtilage?

A

3 hours in 24hr period OR 8 hours in total

S46(e) SDW requires if it exceeds this time

A VSD can be used without warrant to gather EM for serious offence if it does not exceed these times

77
Q

What does interception mean?

A

In relation to private communication, includes hear, listen to, record, monitor, acquire or receive the comms either when taking place or in transit

78
Q

What is an ID?

A

Any electronic, mechanical, electromagnetic, optical or electro optical instrument, apparatus, equipment or other device that is used or capable of being used to intercept private comms but does not include a hearing aid or similar device used to correct subnormal hearing.

S46 SDW required when:
ID used to intercept private comms

79
Q

What offences will a SDW be granted for for use of ID?

A

For gather EM for:
7+ year offence
Identified arms act offences
Identified psychoactive substance offences

80
Q

Voluntary oral comms

A

Where one or more person gives consent for it to be recorded.

No SDW required.

81
Q

What is a tracking device?

A

A device that may be used to help ascertain by electronic or other means the location of a thing or person and whether that thing has been opened or tampered or dealt with but does not include a vehicle or other transport

SDW required - any imp off S46(b)

82
Q

Who can use a tracking device?

A

May only be used with assistance of specialist squads and covert surveillance must be undertaken by specialist trained officers

83
Q

What two ingredients must exist to use S48?

A

Entitled to apply
Impracticable in circumstances

84
Q

What offences are covered under use of emergency S48?

A

14+ year offence and believe use of SD would obtain EM
Arms act offence, incapable of having proper control, or may kill or cause bodily injury or PO/PSO or grounds to make PO
Drug offence

85
Q

What situations are covered under use of emergency S48?

A

Situation which is likely to cause injury or serious property loss/damage and surveillance is necessary to prevent offending from being committed

Situation presenting risk to life and safety and surveillance is necessary as an emergency response

86
Q

How long can you use SD without warrant in emergency situation?

A

Not exceeding 48hrs

87
Q

Who can approve use of ID in emergency?

A

DI

88
Q

When must you report use of SD emergency?

A

Provide notification to judge within 1 month after date of last day of any period of 48hrs or less over which SD was used

89
Q

What is the period of use for SDW?

A

No more than 60 days

Must apply for new warrant after this

90
Q

When activities must you get a SDW?

A

Interception device to intercept private comms
Tracking device unless solely for the purpose of ascertaining…
Obvs of private activity on private premises
Trespass surveillance
Obvs of private activity in curtilage and time exceeds 3hrs in 24hr period or 8hrs total

91
Q

When do you not require SDW?

A

Lawfully on premises and recording what they observe or hear what they could without SD

Cover recording when 1 person consents

Authorised by the act/part 4 of intelligence and security act

92
Q

What must be included on SDW application?

A

Name of applicant
Grounds for application
Offence suspected
Type of SD to be used
Details of proposed surveillance
Period for which warrant is sought

93
Q

When can you undertake trespass surveillance?

A

To obtain EM for 7yr offence, specified arms act offences, specified psychoactive offences or discharging a firearm to intimidate

94
Q

What offences are covered for use of interception device?

A

To obtain EM for 7yr offence, specified arms act offences, specified psychoactive offences or discharging a firearm to intimidate

Search and Surveillance (2 decks)

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