Search And Surveillance

Question 1

Define curtilidge

Answer 1

An area of land attached to a house and forming one enclosure with it. Inlcuding closely associated buildings and structures. It defines where a home owner can have reasonable expectation of privacy.

Question 2

S21 Bill or Rights act

Answer 2

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

Question 3

Lawful but unreasonable

Answer 3

Judge will decide on the balance of probabilities if your search was reasonable. Evidence will be thrown out if not.

Question 4

Define public place

Answer 4

Means a place which at any material time is open to or being used by the public whether free or on payment.

Question 5

Section 46(E)

Answer 5

May observe private activity without use of a surveillance device for a period not exceeding 3 hours in any 24 hour period or 8 hours in total.

Question 6

Section 47

Answer 6

Being lawfully in a private premises, record what they hear or see (without use of enhancement device) , or conversations with consent of one party.

Question 7

Define private activity

Answer 7

Mean activity that in the circumstances any 1 or more of the participants ought reasonably to expect is observed or recorded by no one except the participants.

Question 8

Define S48

Answer 8

Pretty much fucking impossible to get one of these bad boys unless pretty much the following:

Suspect 14 year + offence has been, is being, or is about to be committed.

To believe evidence will be obtained.

And a bunch of other things relating to critical necessity. Cbf writing them, pretty self explanatory.

CANT GET THIS UNLESS A MURDER OUT AND ABOUT