Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Study Modules > SEARCH AND SURVEILLANCE > Flashcards

SEARCH AND SURVEILLANCE Flashcards

1
Q

What is the purpose of the Act?

P7

A

Section 5.

To facilitate the monitoring of compliance with the law and investigation, and the prosecution of offences in a way that is consistent with human rights values by:
• Modernising the law of search, seizure and surveillance, taking into account technology and regulating the use of technology
• Providing rules that recognise the rights and entitlements affirmed in other enactments
• Ensuring investigative tools are effective and adequate for law enforcement needs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

If you are searching a person by consent, what two things must that person be told?

P11

A
  • the reasons of the proposed search
  • that they may consent or refuse to the search

The person may withdraw their consent at any time and then the search MUST stop.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Define

RGTS (reasonable grounds to suspect)
RGTB (reasonable grounds to believe)
Reasonable grounds

P8

A

RGTS - Having a sound basis for suspecting that a situation or circumstance exists

RGTB - Having a sound basis for believing that a situation or circumstance exists

Reasonable grounds – when you have formed a belief or suspicion you must be able to clearly describe your reasons (your reasonable grounds) for holding this belief or suspicion.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is a lawful search

P9

A
  • conducted with a search warrant
  • conducted under a warrantless power
  • conducted with the person’s consent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is a reasonable search

P9

A

A search that complies with Section 21 of the BOR Act, and considers,

  • the nature of the search
  • how intrusive the search is
  • where and when the search takes place

(remember - lawful = powers, reasonable = nature)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Sections 91 - 96 of the Act cover consent searches. Certain situations must exist for a consent search to be conducted (at least one of). Give 4 reasons

P11

A
  • to prevent the commission of an offence
  • to investigate whether an offence has been committed
  • to protect life or property
  • to prevent injury or harm
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What does CADD stand for

A

Concealed
Altered
Damaged
Destroyed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Section 18

A

Warrantless power to enter and search for Arms

If you have RGTS that a person has firearms in their possession and
- they are in breach of the Arms Act
- they are incapable of having access to arms or may cause death or injury via the arms
- a Protection Order or PSO is in place or there are grounds for DV order
- a category 3 or 4 offence, or an offence against the Arms Act 1983 has been, is being, or is about to be committed
And you have RGTS
- evidential material in relation to such offences is in the place of vehicle

then you may, without a warrant:
•enter the place or vehicle
•search it
•seize and detain any arms or licence under the Arms Act 1983 found there.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Is a person under 14 years able to consent to the search of a place vehicle or other thing?

P11

A

No.

The only exception is where a 14 year old is found driving a vehicle, with no passenger of or over the age of 14 with authority to consent to the search of that vehicle. Section 95 relates.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does CADD stand for?

P12

A

Concealed
Altered
Damaged
Destroyed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Define evidential material

P12

A

Evidential material, in relation to an offence or suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence

Tangible - something that may be touched
Intangible - unable to be touched, not having physical presence

Section 97 provides intangible evidence examples; such as an email address, or access to internet data storage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

When searching a place, vehicle or other thing, you must comply with the obligations set out in Section 131.

What are these obligations?
P14

A

Think BRAIN

Bill of rights
Reason
Act
Identify yourself
Notice provided / give copy of the warrant
Inventory of the items provided

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

There are exceptions to the identification, intention and notice requirements of Section 131. In what situations do you NOT have to comply with these obligations?
P15

A

On initial entry where you have RGTB

  • no one is present
  • it would endanger life
  • it would prejudice the successful use of the entry and search powers
  • it would prejudice ongoing investigations

You an use force to enter if the occupier refuses to allow entry or doesn’t do so within a reasonable timeframe

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

If no persons are present at the place to be search, can you use force to enter?

What must you then provide, and within what timeframe?
P15

A

You may use reasonable force to make entry if you have RGTB that no one is lawfully present

You must provide a copy of the SW to the occupier and an inventory of items seized. This must be done ASAP after the search and MUST be provided within 7 days of the search being completed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does section 110 authorise you to do?

P16

A

What does section 110 authorise you to do? (11 things)

Enter and search the place, vehicle or other thing, that you are authorised to enter and search
Search any item or items found in that place, vehicle or thing (if reasonable)
Use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure
Seize anything that’s the subject of the search or anything else that may be lawfully seized
Request assistance with entry and search
Bring and use any equipment found on the place, vehicle or other thing
Bring and use a trained law enforcement dog and its handler
Copy any document, or part of a document, that maybe lawfully seized
Access a computer system or other data storage device
Copy intangible material eg computer data
Take photographs, sound and video recordings and drawings

EIFA ED CAT

Enter and search
Items found can be searched
Force
Assistances
Equipment
Dog
Copy documents
Access computers and data
Take photographs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Give the 7 key steps in the search warrant process

A

Gain prior approval
Gain online approval
Gain Issuing Officer authorisation
Plan and brief SW execution
Execute SW
Report outcomes
File investigation records

POIP ERF (Break it down into POIP for before and ERF for after)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When a search involves privileged material, what must you do?

P20

A

Ensure that the person or their representative is present when the search is undertaken

Give the person a reasonable opportunity to claim privilege (as soon as practicable after being given the opportunity, they must provide a list of things (eg documents) they claim are privileged.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Section 21, BOR Act 1990

A

Everyone has the right to privacy in their own home, the right to refuse entry to others, and the Right to expect that they should be able to conduct lawful activities in private

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What does Section 117 give you power to do?
P25

A

Section 117 is a special power where a SW is pending.
It is NOT a search power, it is a SECURING power.

The SW application must be about to be made, or has been made, and you must have RGTB CADD will occur if entry is delayed.

You may

  • enter and secure a place, vehicle or thing
  • secure any item found there
  • direct any person to assist with entry and securing the place
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What must you do before making an online SW application? P23

A
  1. Ensure you have reasonable grounds: RGTS that an offence punishable by imprisonment has been, will be, is being or is about to be committed, and RGTB that a search will find evidential material in respect of the offence in the place, vehicle, other thing or facility
  2. Have checked the target/s history in NIA for other S.W applications/outcomes
  3. Have assessed the risks associated with executing the S.W
  4. Have obtained initial approval from a supervisor at or above rank of Sergeant to proceed with on line application.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What must an Issuing Officer be satisfied of before they issue a SW?

A

That the application clearly shows

  • RGTS an offence punishable by imprisonment has or will be committed.
  • RGTB that the search will find evidence in respect of that offence in the place, vehicle or thing to be searched.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Who may issue a SW?
P26

A

An issuing Officer, who may be

  • High Court Judge
  • District Court Judge

Or, any person authorised by the Attorney General such as

  • Justice of the Peace
  • Community Magistrate
  • Registrar
  • Deputy Registrar
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What restrictions can an Issuing Officer put on a SW?
P26

A
  • Restrict the time when the SW can be reasonable executed
  • Requiring the occupier to provide reasonable assistance to the officer executing the SW
  • Requiring a report on the SW within a specific time

(think - an IO can ‘TAR’ your warrant - Time, Assistance from the occupier, Report)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What should you do in the event that a SW application is refused by the Issuing Officer?
P27

A
  • Record the reasons that the IO gave for refusing
  • Consider the issues raised by the IO, and, if possible, re-draft the application ensuring you have addressed these issues
  • Re-submit the application to the same Issuing Officer

If you re-submit the application and the IO refuses it again:

  • Make further enquiries to support (or otherwise) the application
  • Consider whether to continue your investigation without conducting the search
  • If the reasons for declining the application don’t seem justified, you may submit a report to legal services for direction
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

How long is SW valid for?
P28

A

No more than 14 days from the date of issue, as specified by the Issuing Officer, OR
No more than 30 days from the date of issue, as specified by the Issuing Officer, if you have justified why this is necessary and the Issuing Officer is satisfied

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

When can a SW be executed?
P28

A

At any time that is reasonable under the circumstances,

or

At a restricted time required by the Issuing Officer as a condition of execution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

When is a SW considered executed?
P28

A

When you

  • have seized the evidential material specified in the SW, OR
  • leave the place, vehicle or other thing to be searched and do not return for 4 hours
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Section 74

P38

A

The section under which Production Orders are made.
The Orders require a person or organisation to produce documents to enforcement agencies as EM of a specified offence.

Section 76 sets out that a PO may be in force for a period specified in the Order, not exceeding 30 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

When you execute a SW, you are obliged to provide a copy of the SW and an inventory of seized items as per Section 131 of the Act

When can you apply to postpone these obligations, and how is it done?

P29

A

Under Section 131 you are obligated to provide a copy of the SW + an inventory of items seized to the occupier.
If doing this would endanger safety of any person or prejudice on-going investigations, you would look to Section 134 - An application to postpone

This application should be presented to the judge

  • At the time of the S.W application, or
  • Before 7 days has passed after the S.W execution

A Judge can postpone these obligations for a period not exceeding 12 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

The person in charge of the SW briefing should do what things?

P31

A
  • ensure all staff are present
  • reinforce verbal information with visual prompts (maps, charts, diagrams, photos
  • provide copies of all important documents
  • ensure all staff are clear about their roles and responsibilities
  • identify and advise staff of what they can record in their notebooks during the briefing as all entries may be disclosable
  • Clearly identify all risks + how to mitigate them
  • Identify any issues relation to sensitive / source (CHIS) related information
31
Q

Section 60

What are you obligated to do / report if you use a warrantless surveillance power?

A

Provide a notification (report in the S and S system) to a Judge within a month from the last day the warrantless surveillance was conducted

i.e. if surveillance was conducted without warrant for a 48 hour period, you would have a month from the end of that period to get the report to the Judge

32
Q

What matters will a district approver take into account and be satisfied of before approving a Production Order
P39

A
  • the grounds for an application are met
  • the resource benefit of making an application are advantageous to Police,
  • offence is serious enough to warrant the use of the order
  • the information sought does not make unreasonable demands on the telecommunications provider

If application relates to news media organisation you should obtain approval from Police Executive member, or District Commander for a district matter

33
Q

What are the grounds for applying for a Production Order under Section 72 or 74?

P40

A

You may apply for a PO if you have reasonable grounds to
SUSPECT that an offence has, is or will be committed, and this must be an offence you could apply for a SW for, and
BELIEVE that the documents sought by the proposed order
- contain evidential material in respect of the offence
- are in the possession or control of the person against who the order is sought, or will come into their possession or control while the order is in force

34
Q

When may an oral application for a Production Order be made?
P40

A

If the issuing officer is satisfied that

  • requiring a written application would result in a delay that would compromise the effectiveness of the search
  • the question of whether the order should be issued can be properly determined on the basis of the oral application
  • all required information is supplied

If the IO grants the order they must record their ground as soon as practicable and the officer must complete the application form within 24 hours

35
Q

Can hearsay evidence be used in a Production Order application?
P41

A

Hearsay evidence can be used to outline the grounds on which the application is made, if it is highly reliable - outline that reliability by stating

  • sufficient information to prove the reliability if what has been stated
  • the informant’s reliability and their history as a reliable informant
  • whether the information has been confirmed by other means
36
Q

Section 48 acknowledges that in certain situations of immediacy and or emergency, Police may need to conduct surveillance without a warrant.

What grounds must you have to conduct warrantless surveillance?

A
  • You must be ENTITLED TO APPLY for the SDW
  • It must be IMPRACTICABLE IN THE CURRENT CIRCUMSTANCES to apply for one

In addition to these two key things, the suspected offence must be

  • punishable by 14+ years imprisonment
  • An Arms Act 1983 offence
  • a drug offence
  • you believe the surveillance would find evidence of the offending

OR, there is a situation
- presenting risk to life and safety
- likely to cause serious injury or damage
and surveillance may prevent the offending from occurring or continuing

37
Q

What is Surveillance
P47

A

Police surveillance is planned and directed activity, either open or covert, for the purposes of

  • observing / recording
  • tracking or ascertaining whether tampering has occurred
  • intercepting private communications
38
Q

What is a surveillance device?
P48

A

A device which assists and enhances your normal capabilities to carry out surveillance; any electronic, mechanical, electromagnetic or optical instrument, apparatus, equipment or device capable of being used to record or observe private activity

It may be one or more of the following

  • a visual surveillance device
  • an interception device
  • a tracking device
39
Q

What section covers activities for which a surveillance device is required?
P48

A

Section 46 - Activities for which surveillance device warrant required:

(c) observation of private activity in private premises and any recording of that observation, by means of a visual surveillance device

40
Q

When is surveillance considered unlawful?
P49

A

Surveillance is unlawful if it involves trespass onto private property / unauthorised handling of goods, unless authorised by a SDW

41
Q 
# Define trespass surveillance 
P50
A

Surveillance that involves trespass onto land or trespass to goods.

Trespass surveillance begins the moment an enforcement officer steps onto a private property without consent . For surveillance purposes, if you do not have consent to enter onto private property, then you are trespassing.

42
Q

What restrictions are there on the use of surveillance devices?
P50

A

If the surveillance requires trespass, the warrant will only be granted for obtaining evidential material of serious offences (7+ years)

43
Q

Section 46 - Activities for which a surveillance device is required

What are the time restrictions on observing and recording private activity in the curtilage of private premises with a visual surveillance device?

P51

A
  • 3 hours in any 24 hour period
  • 8 hours in total

You may use a visual surveillance device lawfully to gather evidence of a serious offence but the surveillance must not exceed these time restrictions

44
Q

When you are thinking about what’s practicable (whether or not to get a search warrant) what should you consider? (5 things)

A

Is there time to gain approval and apply for a search warrant?
Can the scene be secured? S117
Are reasonable resources available to minimise risk and ensure safety? I
s the evidential material at risk?
Consider location of search and who may be present.

45
Q

Section 125 - What power does it give you?

A

(1) (i) can search any item the person is wearing, carrying or has in their physical possession/control
(1) (j) can seize any item - if that’s the item you’re searching for
(1) ()?) can seize any item that may be lawfully seized

46
Q

Give three other options you could use if an offence has occurred and writing a search warrant it not practicable

A

Apply for a S.W orally
Apply for a S.W without approaching an issuing officer in person (by using the phone)
Secure a scene while you apply for S.W- maximum period of 6 hours (117)

47
Q

When assessments should be made when regarding risk at search warrants?

A

Risk assessments - Risks must be:
Identified
Assessed
Considered in planning how you execute the S.W

Risk must be assessed before the application is approved and again before a S.W is executed

A Planned Action Risk Assessment + CARD prompt must be completed + TENR applied to assess the risk

48
Q

Who may execute a search warrant?

A

The person to whom it is directed, or any Constable

49
Q

How long is a SW valid for?

A

14 days from date of issue

OR

30 days, if you’ve justified why this is necessary to the Issuing Officer and they are satisfied

50
Q

Talk through what should be included in a GSMEAC briefing for a SW

A

G - Ground
location to be searched
address
neighbours

S - Situation
Reason for seeking the S.W
Background on any suspects

M - Mission
Address
Suspect(s)
Specific evidential material sought

E - Execution
Timings
Method of entry
Roles - O/C scene, O/C exhibits etc
Responsibilities
Obligations on entry
Managing suspects
Searching for evidential material
Recording evidential material
Assisting vulnerable people
Sequence of events
Managing risks and ensuring safety

A - Administration
Travel to + from place to be searched under warrant Timing of the SW execution
Recording of evidential material seized

C - Communication
Cell phone numbers + radio channels
Before executing the S.W
Debrief

51
Q

When assessments should be made when regarding risk at search warrants?

A

Risk assessments - Risks must be:

  • Identified
  • Assessed
  • Considered in planning how you execute the S.W

Risk must be assessed before the application is approved and again before a S.W is executed

A Planned Action Risk Assessment + CARD prompt must be completed + TENR applied to assess the risk

52
Q

When executing a S.W you may be required to use reasonable force. Give examples of where you may be required to use reasonable force, and what S + S powers you would use to justify this use of force

A

When executing a S.W you may be required to use reasonable force to:

  • Enter the place, vehicle or other thing (section 131)
  • Search (on property only) + seize (section 110)
  • Carry out a search of a person (section 125)
53
Q

Risk assessment must be ongoing when you are executing a SW - what must you do in preparing a SW execution plan?

A

Review and re-assess the identified risks
Work with others to identify and minimise any identified risks
Determine how risk management will be communicated in your search warrant briefing

54
Q

When executing a S.W for drugs, or an offence against MODA 1975, can you search any person found in the place or vehicle you’re searching?

A

Yes.

55
Q

When you search a person what may you also do?

(4 points)

A

Detain the person for the search (as long as reasonably necessary)
Use force (reasonable for purposes of search)
Search any item the person is wearing/carrying, or that is in their possession or immediate control
Seize anything subject to search or that may be lawfully seized

56
Q

When Police enter private property, what kinds of lawful surveillance can be carried out?

A
  • Unaided observation
  • Unaided sense of hearing
  • Unaided sense of smell

You may also record by way of audio/visual device what you see or hear, providing that the device you use does not enhance your ability to observe or hear - surveillance by way of device that enhances your ability is recognised as more intrusive

57
Q

When is surveillance unlawful?

A

S+S Act restricts surveillance activity in places an individual ‘ought reasonably to expect’ are private.

Surveillance is unlawful if it involves
trespass,
unauthorised entry on private land,
or unauthorised handling of goods

unless authorised by a surveillance device warrant

58
Q

When is surveillance unlawful?

A

S+S Act restricts surveillance activity in places an individual ‘ought reasonably to expect’ are private. A person can reasonably expect the activity is private if it’s carried out in private premises.

Surveillance is unlawful if it involves trespass, unauthorised entry on private land, or unauthorised handling of goods

*unless authorised by a surveillance device warrant

59
Q

Define private communication

A

Means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication, but

(b) Does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent to any party to do so

60
Q

Define voluntary oral communication.

What section does it come under?

Do you need consent? Do you need a Surveillance Device Warrant?

A

Section 47

A communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded

No requirement to obtain a surveillance device warrant

61
Q

Section 60 - Requirement to Report on Surveillance Device Warrants

A

Must provide a notification to a Judge within a month after the date of the last day of any period of 48 hours or less over which surveillance device was used
Period of surveillance device warrant - no more than 60 days
No warrant renewal procedure - new application required.

62
Q

Where a claim arises for damage incurred during a SW,a report should be directed to the District Commander. What information should be included?

A
  • circumstances the SW/power were executed
  • grounds for execution
  • damage caused and associated circumstances
  • outcome of SW/power
  • details of owner and occupiers of property
  • nature and basis of claim
  • any steps taken by Police or owner to prevent further loss or damage
63
Q

Give scenarios where compensation (for damage incurred at a SW) may or may not be paid?

A
  1. Execution of a SW or power is justified - compensation will seldom be paid.
  2. Execution of a SW/power is not justified by the outcome but the grounds for execution were sound - compensation is unlikely to be paid.
  3. Unjustified damaged caused in execution - compensation may be available.
  4. Mistake made in execution - compensation likely.
  5. Entry under s14 - compensation seldom paid.
64
Q

Premises should not be left unoccupied or insecure after forced entry. All effort should be made to ensure security meaning ….

A
  • liaising with the owner/occupier to secure property
  • at the occupier/owner request, engaging a contractor to secure at occupier cost
  • attending staff erect a temporary repair where feasible.
65
Q

Explain reasons for PO vs SW

A

while compliance costs are incurred by a business issued with a PO, the costs are offset by the avoidance of disruption that would occur by physical entry and search of premises under a SW. PO’s can be less intrusive and involve less cost

66
Q

What is a Production Order

A

PO’s are orders made under s72 or 74 of the S + S Act.
The Orders require a person or organisation to produce documents to enforcement agencies as EM of a specified offence.

67
Q

Give 3 powers available to you for stopping and searching vehicles

A

•S121 – stop a vehicle if have authority to search it by executing a SW or using a warrantless search power
• S127 – allows you to enter any place to locate the vehicle to execute the SW if RGTB the vehicle is there
. Section 9 to stop then Section 10 to search

68
Q

What will Police do to ensure they meet their objectives and obligations under the Act?

A
  • Ensure they have lawful authority to conduct such activities
  • Conduct risk assessments when using powers and mitigate risks to protect the safety of the public and employees in carrying out the Acts powers
  • Only seize what are lawfully entitled to seize
  • Provide appropriate announcements and identification in the exercise of these powers
  • Satisfy requirements detailed in the Act
69
Q

What is meant by practicable in the circumstances regarding a SW? What are some considerations?

A

it at all practicable, you should apply for a SW in the first instance. If a SW is not obtained, this should be based on RGTB that it is not practicable to apply for a SW in the circumstances. Some considerations for this include:

  • Is there time to gain approval and apply for a SW?
  • Can the scene be secured?
  • Are reasonable resources available?
  • Is the EM at risk?
  • Location of the search and who might be present
70
Q

What can you do if your search is impeded by any person?
What Section does this fall under?

A

If your search is impeded by any person, or if you have RGTB that any person would obstruct or hinder your search, can use s116 to exclude that person and give any reasonable direction to that person

71
Q

Define tracking device

A

A device that may be used yo help ascertain, by electronic or other means,

  • the location of an item
  • whether is has been tampered with
72
Q

Define interception

A

Interception in relation to private communication means to listen, record, monitor, acquire and or receive that communication, either:

  • while it is taking place
  • while it is in transit
73
Q

Define interception device

A

Any electronic, magnetic, magnetic or optical equipment or other device etc that is used or capable of being used to intercept a private communication

Study Modules (18 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions