Search And Surveillance Flashcards
Curtilage
Land immediately surrounding a house. Excluded open fields. Boundary of reasonable expectation of privacy
3 types of surveillance device
Interception device
Tracking device
Visual surveillance device
R v Laugalis
Warrant preference approach. Best practice for powers of search and entry to be exercised pursuant to a warrant.
Section 7
Entry without warrant to arrest person unlawfully at large
Suspect person is unlawfully at large
Believe the person is in/on the place vehicle
POWERS
enter place or vehicle without warrant
Search place/vehicle for person for the purpose of arresting them
Section 8
Entry without warrant to avoid loss of offender or EM
RTS person has committed offence punishable by imprisonment
RTB person is in place or vehicle and if entry not immediate person will leave or EM will be CADD
POWERS
Enter place/vehicle
Search place/vehicle for purpose of k9
Section 9
Stopping a vehicle to find persons unlawfully at large or who have committed imprisonablemoffence
RTS person is unlawfully at large or committed an offence punishable by imprisonment
RTB person in vehicle
POWERS stop vehicle for purpose of K9
Section 10
Powers and duties of Constable after vehicle has stopped
RGTS person is unlawfully at large OR has committed imprisonable offence
RGTB person is in vehicle
POWERS
demand details
Search vehicle for person
Search vehicle for EM if person flees before k9
Section 15
Entry without warrant to find and avoid loss of EM relating to 14 year offences
RGTS
14 year offence has/is/about to be committed
RGTB
EM is in that place
CADD if delayed
POWERS
Enter a place without warrant
Search place
Section 16
Searching people in public place without warrant for EM relating to 14 year offence
RGTB person is possession of EM for 14 year offence
POWERS
Search a person without warrant in public place
Section 17
Warrantless entry and search of vehicle for EM relating to 14 year offences
RGTB EM for 14 year offence is in vehicle
POWERS
Enter vehicle in public place without warrant
Search the vehicle
Section 18(1) and (2)
Warrantless search relating to arms
Carrying or in possession of or has them under his control
AND
Is in breach of the arms act or incapable of having proper control
POWERS
Search person or anything in their possession (inc vehicle)
Enter place or vehicle to search
Seize and detain any arms found and any arms licence
Section 18(3)
RGTS
Arms in place of vehicle
Offence committed against arms act of category 3/4 offence
EM relating to above offences
POWERS
Enter and search place or vehicle
Seized any arms or licence under Arms Act
Detains arms or licence
Section 20
Warrantless search of places and vehicles in relation to drugs
RGTS in place/vehicle an offence against the misuse of drugs act has/is/about to be committed
RGTB impractical to obtain a warrant
In place/vehicle there are controlled drugs
CADD will occur
POWERS
enter and search vehicle or place
Section 21
Warrantless search of people found in places or vehicles
Related to MODA
Section 22
Warrantless search for drugs if offences suspected under MODA
RGTS offence against MODA has/is/about to be committed
RGTB person is possession of controlled drug
Powers search person
PUBLIC PLACE
Section 27
Search people in public places without warrant (offensive weapons)
RGTS person possession of knives, offensive weapons, disabling substances
POWERS
search person
Section 28
Stopping and searching vehicles without warrant (offensive weapons)
RGTS person travelling/fled to vehicle is in possession of offensive weapon, knives, disabling substances
Vehicle contains offensive weapon, knives, disabling substances
POWER
Search vehicle
Section 83
Entry without warrant after arrest
RGTB EM at address
Will be CADD if delayed
POWERS
enter place
Search place for EM (whether arrested there or not)
Section 84
Warrantless entry and search of vehicle after arrest
RGTB EM relating to offence that was arrested for in vehicle
POWERS
Enter vehicle
Search vehicle
PUBLIC PLACE
Section 112
Items of uncertain status
Must be exercising search power
Uncertain if item may be lawfully seized, not practical to determine at scene
Remove item for purpose of examination to determine if can be lawfully seized
Section 117
Special powers when application for SW pending (holding address)
RGTB CADD
POWERS
enter and secure place, vehicle, thing
Secure any items found
Direct a person to assist with enter and securing of place
How long are powers permitted under 117
6 hours
SW is available for execution
Application is refused
Section 121
Stopping vehicles with or without warrant for search
Grounds to search vehicle just exist or SW has been issued
POWERS
Stop vehicle to conduct search
Section 122
Moving vehicles for purpose of search or safe keeping
Section 123
Seizure of items in plain view
Must be:
Exercising search power OR lawfully in any place or building OR conducting a lawful search of a person
RGTB
Seize item under sw or any other search power
POWER
Seize item
Section 45
Restrictions on some trespass surveillance and use of interception device
MUST BE
Obtaining EM relating to 7 year offence
Or against arms act
POWERS
Undertake trespass surveillance
Use interception device
Section 46(E)
Observe private activity without use of surveillance device from public areas
Observe private activity in the curtilage of private premise by means of surveillance device (3 hours in 24 or 8 hours total)
How long is period of observation with SDW
3 hours in any 24 hour period
8 hours total
When do you a SDW (Section 46)
- Intercepting private communications
- tracking
- visual observation of private activity on private property and any recording of that observation
- visual observation of private activity in curtilage of private property
- visual surveillance that involves a trespass to land or goods
