PROGRESS TEST 4

Question 1

What is the definition of the term ‘Private Communication’?

Answer 1

a) Communication - (whether oral, written or in form of telecommunication) made under circumstances that may be taken to indicate that any party to the communication desires it to be confined to parties to the communication
AND
b) Does not include communication of that kind occurring in circumstances in which parties to the communication ought to expect that communication may be intercepted by some person/party without having express or implied consent of any party to do so.

Question 2

D/Constable SMITH has received information in relation to alleged methamphetamine dealing activity at a local address. To corroborate this information, she finds a suitable place to observe the driveway and garage only, which can also be seen from the road. She commences recording of vehicles entering and leaving the driveway. She is also able to record people entering and exiting the garage via a side door.

After 2 hours she feels she has enough footage and returns to the station. She comes to you and asks whether or not she can use the footage as part of the investigation without having used a surveillance device warrant? What advice would give D/Constable SMITH outlining relevant legislation where relevant?

Answer 2

Yes, she can use the footage without having obtained a Surveillance Device warrant. D/Constable SMITH has observed private activity in the curtilage of private premises and recorded those observations by way of visual surveillance device without exceeding 3 hours in any 24-hour period or 8 hours in total.

Question 3

What has been held by the Courts in relation to the Protection of Informers and owners/occupiers of premises used for surveillance?

Answer 3

R v Rankine (1986)

“Public Interest that nothing should be done to discourage members of the Public from coming forward to provide information to the Police. The reasons which give rise to the rule that an informer is not to be identified, apply with equal force to the identification of the owner or occupier of the premises used for surveillance and to the identification of the premises themselves.

Question 4

List 4 key activities the telephone investigator should undertake in the first 24 hours of a major operation?

Answer 4

• ‘Trapping’ or ‘Pre-Loading’ phone data
• TSP Liaison
• Draft a production order application early
• Proving phone ownership / use (attribution).