Search And Surveilance

Question 1

Definition of evidential material

Answer 1

In relation to an offence or suspected offence, mean evidence of the offence or any other item, tangible or intangible of relevant to the investigation of these offence

Question 2

Definition of reasonable grounds to believe

Answer 2

A sound basis for believing that a situation or circumstance actually exists ie reasonable ground to belief a search will locate EM

Question 3

Definition of reasonable grounds to suspect

Answer 3

A sound basis for suspecting that a situation or circumstance actually exists ie suspect an offence has been committed

Question 4

Definition of a tracking device

Answer 4

Device used to help ascertain electronic or other the location of a thing or person whether that thing has been opened or tampered with

But does not include a vehicle or other means of transport such as a boat or helicopter

Question 5

Definition of an interception device

Answer 5

Any device used to intercept private communications

Does not include a hearing aid used to correct subnormal hearing

Covers sophisticated devices through to simple audio recorder

Question 6

Definition of visual surveillance device

Answer 6

Any device used to observe into private property

But does not include

Glasses or contact lenses used to correct subnormal vision

Definition includes photographic and video cameras and binoculars

Question 7

s11 - searching people who are or are to be locked up in police custody

Answer 7

Search in lawful custody and is
- at a police station
OR
- at other premisses about to be put in an vehicle used for police purposes
AND
- is or is to be locked up

Locked up means taken into lawful custody and placed behind a closed or locked door to prevent them from leaving

Question 8

After a person has been locked up they can only be searched if

Answer 8

• they weren’t searched before being locked up
• since being locked up have been in close proximity to person who was not locked up or another person who was locked up but not yet searched

Or there are reasonable ground to believe the person is in possession of something that can be used to harm themselves or others

Question 9

Consider rub down search under s85 or warrant less search under s88

Question 10

When are oral applications allowed?

Answer 10

• written application would result in delay and compromised the effectiveness of the search

AND

If the warrant can be issued properly on the basis of oral communication or personal appearance

AND

All the required info (written application) is supplied to the issuing officer

Question 11

Must not disclose any ID info about the informant unless

Answer 11

Only to the extent the info is required to assess the credibility of the informant and/or

If there is a proper basis for the warrant

Question 12

R v McIntyre

Answer 12

Observations when invoking s 117 can be used in the search warrant application

Question 13

Surveillance without a device

Answer 13

S&S Act only allows the use of a device.

Any surveillance without a device cannot be authorised by a warrant

Surveillance involving a trespass will be unlawful

You can get a warrant to trespass in order to do surveillance without a device.

Question 14

Types of devices

Answer 14

Interception device
Tracking device
Visual surveillance device

Question 15

R v Williams and R v Laugalis

Answer 15

If you carry out surveillance without a device a device, conduct a search or seize EM and you had a chance to obtain a warrant the evidence maybe inadmissible