Search and Surveillance

Question 1

Define Evidential Material, Reasonable Grounds to Believe, Reasonable Grounds to suspect, tracking device, interception device, visual surveillance device.

Answer 1

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 offence.

Reasonable grounds to believe - having a sound basis for believing a situation actually exists.

Reasonable grounds to suspect - Having a sound basis that a situation or circumstance is likely to exist.

Tracking Device - A device used to help ascertain by electronic or other means the location of a thing or person or whether a thing has been open with, tampered or dealt with in some other way. Excludes vehicles.

Interception Device - Any electronic, mechanical, electro magnetic, optical, electro optical instrument, apparatus equipment or other device capable of being used to intercept a record or private communication.

Visual Surveillance- Any electronic, mechanical, electro magnetic, optical, electro optical instrument, apparatus equipment or other device capable of being used to observe or to observe and record a private activity.

Question 2

What are two alternate search powers when someone is arrested or detained?

Answer 2

Section 85-87 a rub down search

Section 88 a warrant less search.

Must be carried out before section 11 search.

Question 3

Define a Section 11 search

Answer 3

You may search a person who is lawful custody and is at a police station, about to be placed in a vehicle for police purposes and is or to be locked up.

You make take money.

Protect detainees property and obtain items that might be used to harm themselves or others.

Question 4

Define locked up

Answer 4

A person taken into lawful custody and being placed behind a closed or locked door.

Question 5

After being locked up Section 11

Answer 5

After being locked up can only be searched if they were not searched before being locked up, suspected to be in a close proximity to someone who was not locked up in police custody, another person who was eligible to be searched but was not or grounds to believe to person is in possession of something that may harm them selves or others.

Question 6

Warrant general notes

Answer 6

• Unless impracticable you must obtain a warrant.
• Authorises police to enter and search and place vehicle or thing for evidential material relating to the offence.
• Any constable may apply. Others eg customs may apply for enactments that relate to them.
• Can apply if you have grounds to believe an has, is it will be committed and believe the search will find evidential material relating to the offence.
• Must have supervisors approval.
• Apply on line using the Search system.
• Other methods are orally or written without personal appearance or oral communication.
• May apply orally if delay would compromise the effectiveness of the search.
• If it’s made orally the officer must back capture the warrant and outcome.

Question 7

Search powers pending a warrant

Answer 7

You may enter and secure a place, vehicle or thing, secure any items found there and direct any person to assist if you believe CADD may occur.

May hold for 6 hours.