S an S 2012 Flashcards
Explain s.45 SSA12 (when can you conduct tresspass surveilance?)
An officer can only conduct trespass surveillance (not including tracking devices) or a interception device to:
obtain evidential material in relation to:
Ofences 7+
Certain Arms Act offenses
A tracking device not using trespass surveillance to install can be used to investigate any imprisonable offence.
What can you do without a surveillance device warrant?
1) observe private activity in private curtlilage for less then 3 hours in 24 and 8 hours total. (s.46)
2) Observe private activity without use of a surveillance device from a public area. (s.46)
3) Record what you see and hear without the use of a surveillance device WHEN you are lawfully in a place and 4
) Record a conversation with the consent of one of those people.
when can you use a s.48 emergency surveillance device warrant?
1) Suspect an offence 14+ has, is, or is about to be committed AND you believe a warrant would obtain evidential material. AND it would be impractical to wait to get a warrant in the circumstances.
2) necessary to facilitate the seizure of arms.
3) suspect certain arms act offences has,are, are about to be committed.
4) MODA offences has, are, are about to be committed. AND it is necessary to prevent the offending. AND it would be impractical to wait to get a warrant in the circumstances.
Discus Items in plain view
s.123 SSA12 An officer must be: a) Exercising a search power b) Lawfully in a place c) Conducting a lawful search of a person Locate an item that he could have seized under any search warrant/power
What are the activities for when a surveillance device warrant is required
- Using a surveillance device involving trespass to land or goods.
- Observing private activity in private premises using a surveillance device.
- Using a tracking device except for when it is installed not using trespass to land/goods and for purpose of ascertaining whether something has been opened, tampered with or in any way dealt with (eg. customs interception)
- using an interception device to intercept private communications.
- Observing or recording using a surveillance device, private activity in private curtilage of a place for more then 3 hours in 24 or 8 hours total.
Discuss items of Uncertain status
s.112 SSA12 An officer who is exercising a search power and is uncertain if an item can be seized under that search power. And; It is not reasonably practical to determine that at the time: Can REMOVE the item for the purpose of examination/analysis to determine if it can be seized under that power.
Explain s.15 SSA12
s.15 SSA12 R.G. to Suspect an offense 14+ has/is/about R.G. to believe Evidential material at a place and; To wait for a 4X it will be CADD. ENTER and SEARCH
How long can a Emergency surveillance device warrant under s.48 last?
48 hours
Discuss special powers pending 4X
s.117 SSA12 4x application about to be made, currently being made, and yet to be refused or approved An officer can enter a place/vehicle/thing and: secure it and secure any items found and direct a person to assist to secure it Power lapses after 6 hours or if application granted/refused.
Under the search and surveilance Act what are the 5 options available to seize evidence
Search warrnt.
S.123 Items in plain view
S.112 Items of uncertain status
S.88 warrentless search of arresstee / detainee
Informed Consensual search
What is trespass surveilance?
Surveilance involving trespass to land or goods.
requires a warrant
Discuss s.16 and 17 SSA16
s.16
Reasonably BELIEVE a offence 14+ imprisonment has/is/about to be committed
In a Public Place
Reasonably BELIEVE Evidential Material on a Person
Search
S.17
Reasonably BELIEVE a offence 14+ imprisonment has/is/about to be committed
Reasonable Beleive Evidential MAterial in a Vehicle in a public Place inpracticle to delay for 4X due to risk of CADD.
