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CIB Rings > Search and Surveillance > Flashcards

Search and Surveillance Flashcards

1
Q

If you have reasonable grounds, you MUST:

A

1) Record your reasonable grounds for search in your notebook.
a) Report on your decision to use a power
b) Justify your use of power in court

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2
Q

A LAWFUL SEARCH is one which: (3)

A

1) Is with a warrant
2) Warrantless search power
3) With a person’s consent

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3
Q

What is S21 of the BORA

A

Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.

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4
Q

3 factors considered with S21 of BORA

A
  • Nature of the search
  • How intrusive the search is
  • Where and when it takes place
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5
Q

When should you apply for a search warrant?

A
  • Enough time to gain approval
  • S117 secure the scene (6hrs)
  • Resources available to minimize risk and ensure safety
  • Is the evidential material at risk
  • Location of the search and who is present

NB. Record decision making in notebook.l

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6
Q

Considerations for search warrant

A
  • Enough time to gain approval
  • S117 secure the scene (6hrs)
  • Resources available to minimize risk and ensure safety
  • Is the evidential material at risk
  • Location of the search and who is present

NB. Record decision making in notebook.

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7
Q

Why use a search warrant (S6)?

A
  1. Ensures judicial oversight
  2. Provides greater protection for the police and public
  3. Requires recording and reporting of results.
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8
Q

4 reasons to conduct a consent search

A
  1. Prevent commission of an offence
  2. Investigate whether offence has been committed
  3. Protect life or property
  4. Prevent injury or harm
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9
Q

2 things to advise when doing a consent search

A
  1. Reason for the search
  2. They may consent or refuse to the search

NB. Record grounds for search in notebook & and they may withdraw consent at any time.

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10
Q

What age can you not consent to a consent search?

A

13 years old.

EXCEPT: If they are found driving with no passenger of 14yrs or more which authority to consent to vehicle’s search.

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11
Q

What is CADD?

In relation to deciding when to conduct a warrantless search.

A
  • Conceal (burying/hiding)
  • Alter (Changing E.g. removing VIN #)
  • Damage (Cutting out firewall to hid identifying feature)
  • Destroy (Burning clothes)
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12
Q

S&S section 131
(Obligation IDENTIFICATION when using search power)
What are they?

A 
Identify (Name or QID)
Announce intention to search
State name of Act
Provide copy of the search warrant
Give caution rights

RAN + Caution + Warrant

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13
Q

What must you give the target of a search?

A

1) Search warrant or,
2) Warrantless search notice (POL 1275)
and
Warrantless search report to the commissioner (S169)

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14
Q

Exceptions to S131

A

RGTB no one is present
RGTB it will endanger person’s safety
RGTB prejudice the successful use of entry
RGTB prejudice on-going investigation

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15
Q

What if the person refuses entry?

A

You can use reasonable force to enter if they refuse or does not allow entry within a reasonable time.

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16
Q

Obligations when occupier isn’t present

A

Leave search warrant or Pol 1275. Provide copy (POL268 - or property sheet).

As soon as possible after the search and within 7 days

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17
Q

S&S S110
(Power to search)
What does it allow you to do?

A
  • Enter place, vehicle or thing you are authorised to search
  • Search any items found in place searched (if reasonable)
  • Use reasonable force for the lawful search and seizure of any property
  • Seize anything subject of the search or anything that can be lawfully seized
  • Request assistance with search and entry (locksmith)
  • Bring and use any equipment found on place, vehicle or thing.
  • Copy any document,
  • Bring dog handler
  • Access computer system or data storage
  • Copy intangible material (emails)
  • Take photos, sound and vid recordings
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18
Q

What power do you use if your search is impeded by a Karen? What does it allow you to do?

A

S116

  • Exclude person from place, vehicle or thing.
  • Give reasonable direction to that person.
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19
Q

What power do you use if you want to keep someone at a place, vehicle or thing searched?

A

S118

- Detain people when searching to determine connection with the person, vehicle, place, thing being searched.

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20
Q

Power to search people at place or vehicle?

Discuss thresholds.

A

S119
- RGTB evidential material is on that person (they have weed)

  • RGTS they are in possession of dangerous item and believe immediate action is required (they have a weapon)
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21
Q

What does S120 enable you to do?

A

If you are in fresh pursuit, have RTGB evidential material is on them. You can enter place, apprehend person and search person or vehicle.

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22
Q

What is AWOCA

A

A - Ask person to comply with search
W - Explain why you are conducting search (RAN)
O - Options available (comply or arrest?)
C - Confirm they understand the options
A - Arrest for obstruction!!!!!!!!!!

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23
Q

What can you search on a person?

A

Any item they are wearing or has in possession (bag on them) or immediate control (bag in bus stop).

Conduct with decency and sensitivity.

You can seize the items (I.e. wallet, phone, shoelaces)

Seize item which can be lawfully seized (provide property sheet).

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24
Q

What to do if someone arrives at scene and talks to detainee? (4 options)

A

Detain (118(1)) to determine connection with object
Exclude them (116(1)(b)) if they will hinder or obstruct
Search (119(1)) if RGTB have evidential material
Search (119(2)(a) RGTS have dangerous item

DESS

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25
Q

What is privilege?

A

Certain information holders can refuse to disclose info.

  • Legal advisors
  • Ministers of religion
  • Clinical psychologists
  • Informers
  • Medical practitioners
  • Journalists
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26
Q

Privilege procedures when searching, you must?

A
  • Ensure person or representative is present

- Give person a reasonable amount of time to claim privilege.

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27
Q

Search warrant process (7 steps)

A 
1 - Gain prior approval
2 - Gain online approval
3 - Gain issuing officer approval
4 - Plan and brief search warrant execution (GSMEAC)
5 - Execute warrant
6 - Report outcomes
7 - File investigation records
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28
Q

What must you do before making a warrant application? (4 things)

A
  1. RGTS offence & RGTB EM in place, vehicle or thing
  2. Check targets NIA history for other warrants in last 3 months.
  3. Assessed the risks.
  4. Obtained initial approval from supervisor holding rank of sergeant or above.
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29
Q

Search warrant risk assessment (3 things)

A
  1. Identify risks
  2. Assess risks
  3. Consider planning to execute warrant

NB. Must assess risk before the application is approved.
A PARACARD must be completed which outlines the TENR. Send to DDC and Comms before warrant is executed.

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30
Q

What is S117?

A

Hold a scene while a search warrant is about to be or is being made, or you are waiting to hear if it has been authorized.

You MUST have RGTB evidential material will be CADD or removed.

You can

  • Enter and secure the place, vehicle, or thing.
  • Secure any items found there
  • direct any person to assist with entry and securing of place or items.

Power may be exercised for

  • Up to 6hrs from when the power is first exercised
  • The warrant is available for execution at the place
  • The warrant application is refused
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31
Q

Who may issue a search warrant?

A

Any issuing officer (who can be)

1) District or high court judge
2) Any person authorized by the Attorney General
- Justice of the peace
- Community magistrate
- Registrar
- Deputy registrar

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32
Q

An issuing officer can put 3 restrictions on a warrant, what are they?

A

1) A time when the warrant can be executed
2) Requiring the occupier or person in charge to provide reasonable assistance
3) Require a report on the search warrant within a specific time.

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33
Q

What must you do if the issuing officer refuses the warrant? (3)

A

1) Record the reasons why
2) Consider reasons and do a re-draft if possible
3) Re-submit to the same issuing officer

NB. If you cannot re-draft
You should make further enquires to support the application, consider whether to continue the investigation without warrant, or submit a report to Legal Services for direction.

34
Q

Who may execute a search warrant?

A

Person whom it is directed or any constable

35
Q

How long is a search warrant valid for?

A

14 days from the date of issue, as specified by the IO.

No more than 30 days from the date of issue, as specified by IO, given you have justified why this is necessary and the IO is satisfied.

36
Q

When can a warrant be executed?

A

1) At a reasonable time

2) At a restricted time required by IO as a condition

37
Q

When is a search warrant executed?

A

When you have:
Seized the EM specified in warrant or,
leave the place, vehicle or thing and don’t return within 4 hrs.

38
Q

How often can a warrant be executed?

A

Once. Unless more than one is applied for, justified and authorized.

39
Q

When should an application of non compliance of S131 be made?

A

1) At the time of SW application

2) Before 7 days has passed after SW has been executed

40
Q

What is GSMEAC?

A 
Ground
Situation
Mission
Execution
Admin 
Communication
41
Q

Key points when running a GSMEAC?

A
  • Ensure all members are present
  • Reinforce info with visual prompts
  • Provide copies of important documentation
  • Ensure every knows their role
  • Advise what can be written in notebook (I.e. don’t record CHIS info).
42
Q

What are the additional powers and obligations when conducting a SW?

A

Obligations

  • ID and notice requirements (131)
  • Rules for searching people (125)
  • Powers incidental to search (110)
  • Reporting (169)

Additional powers

  • Securing place, vehicle or thing to be searched and excluding any person (116)
  • Detention powers (118)
  • Stopping vehicles (121)
  • Moving vehicles for safe keeping (122)
  • Seizure of items in plain sight (123)
  • Items of uncertain status (112)
43
Q

What does S121 enable you to do?

A

Stop a vehicle if you intend to search it.

Using a warrant or a warrantless power.

44
Q

What does S127 enable you to do?

A

Enter a place, to locate a vehicle to be searched.

Must have RGTB the vehicle is there.

45
Q

Explain S112

A

When carrying out a lawful search, you may seize any items of uncertain status for the purpose of examination or analysis off-site.

46
Q

Explain S123

A

You may seize any item in plain view if you have RTGB that you could have seized the item under a search warrant or power.

47
Q

S&S S7

A

Entry without warrant to arrest person U/L at large

  • RGTS person is U/L at large
  • RGTB person is there
48
Q

S&S S8

A

Entry w/o warrant to avoid loss of offender or CADD
You can enter place or vehicle.
- RGTS offence committed
- RGTB person is there
- RGTB person will flee or CADD will occur if entry is not effected immediately

49
Q

S&S S9

A 
Stop vehicle to find person U/L at large
- RGTS person is U/L at large
- RGTS person has committed imprisonable offence
and 
- RGTB person is in or on that vehicle.
50
Q

S&S S10

A

Powers/duties of constable after stopping vehicle

  • Require any person who you RTGS offence, provide particulars
  • Search the vehicle to locate person referred to in S9.
  • Search to locate property/EV material in relation to the offence suspected.

NB. Must tell the driver of the proposed search.

51
Q

S&S S14

A

Entry power to prevent offence or respond to risk to life or safety
RGTS
- Enter place or vehicle
- Take any action that RGTB is necessary to prevent offending or to avert emergency.

52
Q

S&S S15

A

Entry without warrant to avoid loss of EV material

  • RGTS offence 14yrs+ committed, about to be committed or is being committed.
  • RGTB EM material in that place, and if entry is delay, CADD will occur.
53
Q

S&S S16

A

Searching people in public places for EM.

- RGTB person has EM relating to offence punishable by 14+ years.

54
Q

S&S S17

A

Warrantless entry and search of vehicle in public place

- RGTB EM relating to 14+ year offence is in the vehicle.

55
Q

S&S S18

A

Warrantless search associated with arms
- RGTS in breach of Arms Act 1983, incapable of having proper control of arms, may kill or cause GBH to any person, a protection order is in force, there are grounds to make a protection order.

May:

  • Search the person
  • Search anything in the person’s possession or control
  • Enter place or vehicle to carry out search
  • Seize and detain any arms found
  • Seize and detain and license found
56
Q

S&S S20

A

Warrantless search of places and vehicles for drugs

  • RGTS that offence has been committed in that place or vehicle.
  • RGTB not practical to obtain warrant and there is a controlled drug in that place or vehicle.
  • RGTB CADD will occur if search not carried out immediately.
57
Q

S&S S21

A

When conducting a S20 search, a constable may search and person found in place or vehicle.

58
Q

S&S S22

A

Warrantless power to search a person

  • RGTS offence has been committed again MODA
  • RGTB that person is in possession of a control drug against schedule 1, 2, 3, or 4 of MODA.
59
Q

S&S S27

A

Search people in public place for offensive weapons

-RGTS committed offense against 202A of the Crimes Act 1961, may search that person.

60
Q

S&S S28

A

Stop vehicles and search w/o warrant for offensive weapons

  • RGTS committed offensive against 202A of Crimes Act and that vehicle contains the knife, offensive weapon or disabling substance.
61
Q

S&S S29

A

Search vehicle for stolen property without warrant

  • RGTB vehicle has stolen property, you may search it.
62
Q

S&S S30

A

Authorisation for a road block (Sergeant or higher)

  • RGTB in the vehicle
  • RGTS committed imprisonable offence
  • RGTS vehicle will travel passed the place the road block.
63
Q

S&S S45

A

Restrictions on trespass surveillance devices

NOT authorized to undertake trespass surveillance or interception device surveillance EXCEPT in order to obtain EM in relation to offence

  • Imprisonment 7+ years
  • Offence against the ARMS Act
  • Offence against Psychoactive Substances Act
64
Q

S&S S46

A

Surveillance Device Warrant Required

  • To use interception device to intercept private communication
  • Use a tracking device
  • Use of surveillance device
  • Use of surveillance device involving trespass on land
  • Observation in curtilage of private premise exceeds:
    • 3 hrs in any 24hr period.
    • 8 hrs in total.
65
Q

S&S S47

A

Activities which don’t require warrant

  • lawfully on private premise
  • Records what he observes or hears (without surveillance device)
  • Covert recording between 2 or more, with consent of at least one of them.
66
Q

S&S S48

A

No warrant for emergency situations

May use a surveillance device not exceeding 48hrs if:
Entitled to apply for warrant, and obtaining warrant is impractical in the circumstances.

If:
RGTS offence 14+ years
RGTS circumstance S14 exist and believe use of device is necessary to prevent offending or avert emergency
RGTS circumstances in S18 exist and believe surveillance is necessary to seize arms
RGTS cat 3 or 4 in relation to arms
RGTS offence against MODA and believe surveillance will obtain EM.

67
Q

S&S S83

A

Entry without warrant after arrest

a) Arrests person
b) RGTB EM relating to offence is in the place and EM will be CADD

68
Q

S&S S116

A

Securing place, vehicle or thing to be searched

a) While carrying out a search, may secure place, vehicle or things, anything found in place, vehicle or thing.
b) May exclude any person or give reasonable direction to that person if RGTB that person will hinder or obstruct the search

69
Q

S&S S117

A

Officer PRESENT may enter and secure place, vehicle or thing while authorization is being sought. You may secure anything found in place, vehicle or thing.

May direct any person to assist with entry and securing or place, vehicle or thing.

May secure for up to 6hrs from when power is first exercised, or until the warrant is available for execution at that place or vehicle, or until application is refused.

NB. Must RAN.

70
Q

S&S S118

A

Powers of detention

To determine connection between person and place, vehicle or thing searched

May:

  • Detain person at place or vehicle
  • Detain person arriving at place or stops at, or tries to enter while search is being carried out.
71
Q

S&S S119

A

May search person at place, or person arriving at place if:

  • RGTB EM is on that person
  • RGTS is in possession of dangerous item that poses threat to safety and believes immediate action is needed to address that threat.
72
Q

S&S S133

A

Must provide inventory of items seized as soon as practicable after the search, no later than 7 days.
To the occupier or the house or the owner of the thing.

73
Q

S&S S169

A

Any constable who exercises a warrantless power, must provide a written report as soon as practicable to the commissioner or a person designated to receive reports of that kind by the commissioner.

74
Q

What is a production order?

A

A S74 order, requiring a person or organisation to produce documents to enforcement agencies as EM of a specified offence.

75
Q

How long is a production order in force for?

A

No more than 30 days.

76
Q

Who may apply for a production order?

A

Any enforcement officer. You must seek prior approval from your district approver.

  • RGTS offence
  • RGTB documents sought will provide EM.
77
Q

When can you do an oral application for a production order?

A

When the delay of a written application will compromise the effectiveness of the search.

The issuing officer must record the grounds for an oral application.

The applicant must complete the application form capturing the information conveyed to the IO as soon as practicable and in any event within 24hrs.

78
Q

When can you use hearsay evidence for PO?

A
  • Sufficient information to prove reliability of what has been stated
  • Informant’s reliability and whether they have given reliable info in the past.
  • Whether the info has been confirmed by other means
79
Q

What is a visual surveillance device?

A

Any electronic, mechanical, electromagnietic, optical, or electro-optical instrument, apparatus, equipment or other device that is used to observe, record, a private activity.

NB. Does not include spectacles, contacts or something similar.

80
Q

Private land is?

A

Place where individual ought to expect reasonable privacy.

81
Q

What is curtilage?

A

Land immediately surrounding a house or dwelling. Including any closely associated buildings and structures.

82
Q

What is a tracking device?

A

Device that may help to ascertain

  • The location of a thing or person
  • Whether thing has been opened, tampered with or dealt with.

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