S&S Flashcards
RGB
Believing situation or circumstance actually exist
RGS
Suspecting a situation or circumstance is likely to exist
Tracking device
Electronic or other device which helps ascertain
Location of a thing or person and/or whether a thing has been opened, tampered with or dealt with in some way
Interception device
Device used to intercept or record a private communication
Visual surveillance device
Device being used to observe or to observe and record a private activity but does not include glasses etc used to improve subnormal vision
11 - search of person to be locked up
At police station or place used for and
Is, or is to be, locked up (in cell)
If not done prior to lock up an only be searched if:
Not searched before or
Have been or suspect of being in close proximity who was not locked up or another person who was eligible to be searched but wasn’t or
RGB possession of something can harm self
Still applies if being transported to another station
85 & 88
Immediate rub down of arrested or detained
88 warrantless search
Grounds for SW
Suspect offence punishable by imprisonment has, is or will be committed and
Believe EM will be found in place, vehicle or other place
Sergeant or above to authorise application in writing
Oral app for SW
May allow orally (all or part of app) if satisfied
Delay would compromise effectiveness and
Whether it can be properly determined that it should be issued of basis of oral application and
All required info normally required is supplied
This can also be done without personal appearance if same as above plus no need for questions or further info
117 power to secure scene
SW in progress
Believe EM will be CADD before SW decision
Enter and secure place/vehicle/other
Secure any item
Direct any person to assist in enter and secure
Expires after 6hrs or once warrant available or SW refused
Surveillance without a device
S&S only allows for surveillance with device so means
No device, no warrant
Unlawful if involves trespass
Lawful if no trespass and in circumstance if reasonable
Can get SW to trespass to conduct surveillance without a device. Flying over not a trespass - includes drones, model planes
Types of device
Interception
Tracking
Visual
SW with device
Can make app for one SW which uses more than one type of advice
If had opportunity to get warrant and didn’t, EM obtained may be inadmissible
