Search and Surveillance

Question 1

Curtilage

Answer 1

Encompasses the land immediately surrounding a house or building, including any closely associated buildings and structures but excluding an associated open fields beyond them.

Question 2

Private Activity

Answer 2

As per S3(1) SAS 2012 means activity that any 1 or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants.

Question 3

Surveillance Device

Answer 3

As per 3(1) SAS 2012 a surveillance device means a device that is any 1 or more of the follwing.
(a) an interception device
(b) a tracking device
(c) a visual surveillance device

Question 4

R v Laugalis

Answer 4

Where practical a SW should always be sought rather than executing a warrantless search power.

Question 5

What can you do without a surveillance device warrant?

Answer 5

Observe private activity in the curtilage of a private premise as long as it does not exceed:
3 hours in 24 hours
8 hours in total.

Question 6

S9

Answer 6

Stop a vehicle without warrant when you have RGTS suspect is unlawfully at large or has committed an offence punishable by imprisonment and have RGTB that the person is in the vehicle.

Question 7

S121

Answer 7

S121(1) stopping vehicle without warrant for the purpose of executing warrantless search power
S121(2) stopping vehicle with warrant with intent to execute.

Question 8

S15

Answer 8

May enter and search place if RGTS 14 plus offence has occurred and RGTB evidential material is in that place.

Question 9

S16

Answer 9

Searching person in public if RGTS 14 plus year offence has occurred and RGTB that they have evidential material.

Question 10

S17

Answer 10

Search vehicle in public space if RGTS 14 plus year offence has occurred and RGTB evidential material is in the vehicle.

Question 11

S83

Answer 11

Search any place after arrest if RGTB that evidential material is in the place and will be CADD.

Question 12

S84

Answer 12

Search any vehicle after arrest if RGTB evidential material is in there.

Question 13

S117

Answer 13

Enter and secure a place whilst an application is being made for SW.

Hold the address until:
6 hours has expired
warrant is available for execution
warrant is refused

Question 14

S112

Answer 14

Items of uncertain status can be seized, however, must relate to why you’re there.

Question 15

S123

Answer 15

Seizure of items in plain view, can be seized if relates to offence. If you believe the said property would be seized under any other 4X or warrantless power.

Question 16

S7

Answer 16

Enter place or vehicle if RGTS that a person is unlawfully at large and have RGTB that the person is in there.

Question 17

S8

Answer 17

enter place or vehicle when RGTS a person has committed an offence punishable by imprisonment and RGTB that the person is in the place or vehicle and that evidence may be CADD

Question 18

S20

Answer 18

Warrantless search of places and vehicles when you have RGTS that an offence against the MODA has been committed and RGTB that it is impractical to get a warrant and that evidence will be CADD.