Search And Surveillance Flashcards
What is the definition of arms?
Any firearm, air gun, pistol, restricted weapon, imitation firearm, or explosive.
What is the definition of curtilage?
The land immediately surrounding a house or dwelling
What is the definition of evidential material?
In relation to an offence, evidence of any item tangible or intangible, of relevance to the investigation of the offence
Definition of non private premises?
Premises or part of a premise where members of the public have access
Definition of private activity
Any activity that in the circumstances can reasonably expect not to be observed
Definition of a surveillance device?
An interception device
A tracking device
A visual surveillance device
Definition of trespass surveillance?
Surveillance that involves trespass to land or trespass to goods
Definition of unlawfully at large?
Has a warrant in force
Has escaped from prison or is AWOL
has escaped from lawful custody
Definition of a visual surveillance device?
An instrument or device that is used or capable of being used to observe and record private activity
What are the four warrantless powers to enter and search when effecting arrest?
s7 entry to arrest someone unlawfully at large
s8 entry to avoid loss of offender or evidential material
s9 stopping a vehicle to find persons unlawfully at large who have committed imprisonable offences
s10 powers and duties of constable after the stop
s7?
Entry into place or vehicle without warrant to arrest someone unlawfully at large
RGTS they are unlawfully at large
RGTB that person is there
Power to enter and search
s8?
Power to enter a place or vehicle to search for and arrest a person person who committed offence
RGTS they committed an imprisonable offence
RGTB they are in there and that if entry is not affected immediately the person will avoid arrest or CADD may occur.
s9?
Stopping a vehicle to find person unlawfully at large or who have committed an imprisonable offence
RGTS person is unlawfully at large or have committed an offence punishable by imprisonments
RGTB person is in the vehicle
s10
Powers and duties of Constable after a vehicle has been stopped under s9
Require details of any person who RGTS has committed an imprisonable offence or is unlawfully at large
Search vehicle to locate person
Search vehicle for evidential material of the person is arrested or flees prior to arrest
What are the three warrantless powers for evidential material relating to serious offences?
s15 entry without warrant to find and avoid loss of evidential material
s16 searching people in a public place for evidential material relating to certain offences
s17 entry and search of vehicle for evidential material relating to certain offences
s15
Enter and search a place if
RGTS an offence punishable by 14yr has been committed
RGTB evidential material relating to the offence is in there and if entry is delayed CADD will occur
s16
Search a person in a public place for evidential material relating to certain offences
RGTB person is in possession of evidential material relating to offences punishable by 14yr
s17
Enter and search a vehicle in a public place for evidential metrical relating to certain offences
RGTB evidential material is in the vehicle
s18
RGTS offence against arms act
Search any person
Search anything in persons possession or under their control
Enter a place or vehicle to search
Seize or detain any licence
What are the warrantless powers in relation to MODA?
s20 search of places in relation to MODA
s21 search of people found in or on places
s22 search for controlled drugs and precursor substances is offence is suspected against MODA
s20?
May enter and search a vehicle or place if
RGTS offence committed against MODA
RGTB that if entry is not effected immediately CADD will result
s21?
A constable consisting a search of a place or vehicle under s20 may search in person found in or on place or vehicle
s22
Search a person if
RGTS offence committed against MODA
RGTB Pierson is in possession of controlled drug or precursor substance
s27
Searching people in public places of offence against 202A committed
RGTS person is committing the offence
s28
Stopping and searching vehicles
RGTS a person has committed offence against 202A and is in the vehicle or alighted from it or if the vehicle contains an offensive weapon
s83
Powers to enter and search a place for evidential material relating to an offence of which you have just arrested someone for
RGTB evidential material is at the place and CADD
s84
Entry and search of vehicle after arrest for evidential material
RGTB evidential material related to the offence is in there and CADD may occur
s112
Ability to seize items of uncertain status if already exercising a search power
s117
Powers when a search warrant is pending
Enter place or vehicle
Secure place or vehicle
Secure items found at place or vehicle
Direct persons to assist
Expires after 6 hours
s121
Stopping powers to search a vehicle
s123
Seizure of items in plain view if lawfully in place or vehicle or exercising a search power
What are the sections for surveillance warrants?
s45 restrictions on trespass surveillance and use of interception device
s46 activities for which a surveillance device warrant is required
s47 activities that do not require a warrant
s48 don’t need warrants for use of surveillance device
s45
Understand trespass surveillance
Use an interception device
To obtain evidential material
s46
Need a surveillance device warrant for:
Intercepting private communication
Using a tracking device
Observing private activity on private premises
Using a surveillance device when trespassing
Observing private activity on curtilage for more then 3 hours at a time or 8 hours total
s47
Do not need a surveillance warrant If you are lawfully in an area and record what you observe
S48
If it is an emergency don’t need a surveillance device warrant
