Search and Surveillance Flashcards
1
Q
What is Section 6?
A
obtain a search warrant for a place, vehicle or thing if RGTS an imprisonable offence has been committed and RGTB EM relating to offending will be found
2
Q
What is Section 7?
A
Enter and search a place or vehicle to arrest a person if RGTS they are unlawfully at large and RGTB they are there
3
Q
What is Section 8?
A
Enter and search a place to arrest a suspect who has committed an imprisonable offence, if RGTB the person is there and RGTB the person will leave to avoid arrest and/or EM relating will be CADD
4
Q
What is section 83?
A
Enter and search a place without warrant after arrest if RGTB EM will be CADD if delay
5
Q
What is section 84?
A
Enter and search a vehicle without a warrant after arrest if RGTB EM will be CADD if delay
6
Q
What is section 88?
A
to search a person after arrest for anything that may harm any person, facilitate their escape or EM relating to arrested offence
7
Q
What is section 9?
A
stop vehicle without warrant to arrest person if RGTB person is there and RGTS they are unlawfully at large or have committed an imprisonable offence
8
Q
What is section 10?
A
After vehicle is stopped under section 9, search vehicle to locate person. If person is arrested for seen fleeing from vehicle, then can search for EM
9
Q
What is section 121?
A
Stop vehicle for purpose of authorized search warrant (2) or RGTB for a warrantless search (1)
10
Q
What is section 27?
A
search person in public if RGTS they have committed an offence against 202A(4)(a) and in possession of a knife, offensive weapon or disabling substance
11
Q
What is section 28?
A
Stop and search a vehicle if RGTS a person has committed an offence against 202A(4)(a) or is in possession of a knife, offensive weapon or disabling substance
12
Q
What is section 29?
A
Enter and search a vehicle if RGTB stolen property in vehicle
13
Q
What is section 14?
A
enter and search place or vehicle, take any action necessary, risk of life or serious risk to property
14
Q
What is section 15?
A
Enter place and search RGTS 14+ offence committed and RGTB EM is present, fearing CADD
15
Q
What is section 16?
A
search person in public place, RGTS 14+ offence and RGTB EM present
16
Q
What is section 17?
A
Enter and search vehicle in public place if RGTB 14+ offence and EM present and CADD if delay
17
Q
What is section 117?
A
if RGTB CADD and warrant is being made or about to be made, can enter and secure place, vehicle and items
18
Q
Name the three reasons why s117 expires?
A
6 hours passed
Warrant available for execution at the place, thing or vehicle
warrant declined
19
Q
What is section 18?
A
enter and search vehicle, person or place, for firearms, RGTS has/is/will breach of arms act, FV act or unable of proper control
20
Q
What is section 20?
A
if warrant not suitable and fear CADD if delayed, enter place or vehicle to search for drugs, RGTS MODA offence is/has/will, RGTB EM present
21
Q
What is section 21?
A
search persons located in vehicle and place regarding section 20
22
Q
What is section 22?
A
search person if RGTS MODA offence, RGTB EM present and CADD if delay to get a warrant
23
Q
What is the overriding principle when considering a warrantless search?
A
Is a search warrant practicable in the circumstances
24
Q
Regarding section 17, does it apply if the vehicle is on private property?
A
No only public place, would use section 15 instead as it covers vehicles in a place also.
25
What is RGTS
Having a sound basis for suspecting that a situation or circumstance exists.
Has/is/about to
26
What is RGTB
Having a sound basis for believing that a situation or circumstance exists.
27
If you form a RGTS/RGTB what must you do and what may you have to do
Must record the reasonable grounds in notebook as a decision log.
May have to report your decision to use the power and justify the use in court.
28
Under the S&S, what are the forms of a lawful search (x3)
a search warrant
warrantless search power
consent search
29
Under the S&S a reasonable search is a search that complies with what act (x4)
Complies with s21 BOR act and includes factors such as
the nature of the search
how intrusive the search is
where and when the search takes place
30
What five factors must be considered when thinking about if a search warrant is practicable in the circumstances, and what must you do after consideration
Is there time to apply and gain approval for a sw
can the scene be secured (117)
resources available to ensure safety and minimize risk
evidential material at risk (CADD)
location of the search and who may be present
record in decision log
31
if a search warrant is not practicable in the circumstances, what are the other two options
Warrantless search power
consent search
32
What are the three benefits of using a search warrant
ensures judicial oversight
provides greater protection for police and the public, participation in an end to end process.
requires recording and reporting of results
33
What sections cover consent searches
91 to 96
34
what are the four reasons that determine whether a consent search is conducted (no random fishing trips)
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
35
before conducting a consent search what three things must you advise the person who's consent is sought
the reason of the proposed search
they can refuse the search
if they permit the search then consent can still be withdrawn at any time
36
can a person under 14 years old give consent to search a place, vehicle or other thing
no
except if they are the driver with no passenger who is of or over 14 years and has authority to consent.
37
What is the difference between tangible and intangible
Tangible can be touched, intangible cannot be touched (no physical presence)
38
What section provides examples of intangible things
s97
39
What is CADD
Concealed
Altered
Damaged
Destroyed
40
Under section 131 what are your obligations when searching a place, vehicle, person or thing (x6) RAIINN
identify by name or QID
provide evidence of identity if not in uniform
announce intention to enter and search
state name of act
give notice by providing copy of sw
caution them BOR if detained
41
Under reason: obligation what must you do (x5)
state the reason for the search
provide copy of search warrant or ws notice to occupier
provide an inventory of items seized
report use of certain powers
consider privilege
42
What is RAIINN
reason, act, identification, intention, namen notice
43
regarding s131, when must the sw team provide notice to occupier or person in charge and by what means
before or on initial entry into place, vehicle, thing,
SW - must include copy of the search warrant
WS - state RAIN unless impracticable, provide POL1275 (WS notification)
44
What are the four circumstances where you do not have to RAIN on initial entry
You have RGTB no one is present
You have RGTB complying would - endanger any persons safety
prejudice the successful use of the entry and search power
prejudice ongoing investigations
45
what does section 131 cover
identification and notice requirements
46
under section 131 what can you do if a person refuses entry when executing a sw
use reasonable force to enter if a person refuses entry or does not allow entry within a reasonable time
47
under section 131 what if there is no one at the place where the search is to be conducted x2
use reasonable force to enter the place, vehicle or other thing if you have RGTB no one is lawfully present.
leave a copy of the warrant or POL1275 and a list of items seized in a prominent place, or with the occupier within 7 days
48
what is section 110 and the 11 things it allows you to do (USSERBBCACT)
search powers
enter and search the place, vehicle or thing you are authorized to search
search any item or items found (if reasonable)
use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure
seize anything that may be lawfully seized
request assistance with entry and search
bring and use any equipment found
bring and use a trained law enforcement dog and handler
copy an document or part of a document, that may be lawfully seized
access a computer system or other data storage device
copy intangible material
take photographs, sound and video recordings, drawings
49
what is section 116
securing any place, vehicle or other thing to be searched
if search is impeded by any person, exclude the person or give reasonable direction
50
what is section 118 (x2)
detain people at place or vehicle when searching for the purpose of determining connection,
includes people who arrive at a place or , stop at, enter or attempt to enter a vehicle
51
what is section 119 (x2)
power of search of person who has pwoer to arrest
search people found at place RGTB object EM is on the person
search person RGTS in possession of dangerous item and threat to safety, immediate action required
52
what is section 120
fresh pursuit, RGTB relevant EM on person, power to enter and apprehend the person, search person and vehicle
53
What is AWOCA
Ask
Why
Options
Confirm
Action
54
Under section 125, what are two special rules for searching a person regarding manner and what can be searched
conducted with decency, sensitivity, manner of privacy and dignity
search anything the person is carrying, wearing, has in their physical possession or immediate control
55
what four options are open to you if a person detained for a search attempts to leave the place or vehicle or a person arrives at the search
use reasonable force to detain for search
s116 - exclude or give reasonable direction, RGTB hinder or obstruct
s118 - detain to determine connection
s119(1) - search person RGTB EM on person
S119(2) (a) and (b)- search person RGTS dangerous item, threat to safety
56
What is privileged material
privilege allows the holder of particular personal information to refuse to disclose this information.
57
recognised privileged material includes material gained through communication with: (x6)
legal advisors
ministers of religion
medical practitioners
clinical psychologists
informants
journalists
58
when does privileged material not apply
made, received, complied or received for a dishonest purpose or to enable or aid any person to commit an offence.
59
what are the practical procedures for privilege
ensure the person or their representative are present
give the person a reasonable time to claim privilege
person can copy document before you seize it
complete an inventory list of seized items and get person to check
60
what is a s6 search warrant
everyone has the right to privacy and refuse entry to their own home. A search warrant provides legal authority to enter any place, vehicle or thing to search for and seize EM.
61
What are the seven steps in the search warrant process
Gain prior approval
Gain online approval
gain issuing officer authorisation
plan and brief search warrant execution
execute search warrant
report outcomes
file investigation records
62
what are three alternatives to applying for a search warrant in person at the court if practicable (loss of EM)
apply for a search warrant orally
apply for a search warrant without approaching an issuing officer, email or phone
secure a scene for 6 hours while you apply for a warrant, 117
63
What must you do if you orally apply for a search warrant
make an online application in the s and s system asap and back capture required information.
64
What are five things that you must do before applying for a search warrant
RGTS an offence punishable by imprisonment has been, is being or will be committed
RGTB the search will find EM
checked the targets history in NIA for outcomes/other search warrant applications
assessed the risk
initial approval from sergeant or above
65
What must be submitted in search warrant risk assessment
Planned Action Risk Assessment (PARA) card and TENR - Threat, Exposure, Necessity, Response
66
explain s117
if a sw application is about to be made or is being made, RGTB EM will be CADD before SW is issued you can
enter and secure place or vehicle or other thing
secure any items
direct any person to assist with above
67
What circumstance could you also use 117
wrong address on execution of warrant
68
name six types of issuing officer
DC judge
HC judge
registrar
deputy registrar
JP
community magistrate
69
what restrictions can be placed on a search warrant by an issuing officer (x3)
time of execution
reporting
requirements of the occupier to provide reasonable assistance
70
what should you do if the issuing officer does not sign the sw application
record reasons
consider issues and re-draft
resubmit to the same officer
71
who may execute a sw
a constable or any person directed by a cosntable
72
how long is a search warrant valid
no more than 14 days from date of issue, or no more than 30 days from date of issue of justified and signed by issuing officer
73
when can a search warrant be executed
at any time reasonable in the circumstances
at a time restricted by issuing officer conditions
74
when is a search warrant considered executed (x2)
When all listed EM is seized
when you or any person assisting you has left and do not return within 4 hours
75
How often can a search warrant be executed
once
unless multiple is applied for, justified and signed by issuing officer
76
Explain section 134
postponing obligation to provide a copy of the search warrant to occupier due to
endanger the safety of any person
prejudice ongoing investigations
77
78
when should a section 134 application be presented to the judge
at the time of the search warrant application
before 7 days have passed after sw execution
79
what is the primary concern when executing a search warrant and name the three times you may need to use force along with sections
safety of staff
s110 - search and seizure
s131 - entering
s125 person search
80
how should you brief persons on a search warrant
GSMEAC
Ground
Situation
Mission
Execution
Admin and logistics
Command and signals
81
what is section 125
search of a person
82
what is section 122
moving lawfully stopped vehicle for purpose of search or safekeeping
83
what is section 123
seizure of items in plain view
if
exercising a search power
lawfully in any place or in or on a vehicle;
conducting a lawful search of a person.
RGTB they could have seized the item under the sw or other search power
84
what is section 121
Stop a vehicle to execute search warrant
OR
RGTB can invoke a WS
85
what is section 112
Items of uncertain status may be seized
remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.
86
What is section 127
enter any place to locate a vehicle to execute a search warrant if RGTB vehicle is there
87
do you have to specify are particular place for a vehicle search warrant and can you enter any place to search the vehicle without the place on the warrant application
No you can enter a property without a warrant to execute SW on vehicle of RGTB vehicle is there. you still must s131 occupiers of property.
88
what is section 74
production order - order for persons or organisation to produce documents to enforcement agencies as EM
89
how long is a production order in force for
specified in the order, not exceeding 30 days
90
what is the difference in production order and search warrant
production order less intrusive and cause less disruption to businesses
91
what is section 71
production order application
92
what does forward facing mean
documents will come into the possession of the business while the order is in force
93
who must approve a production order
district approver/sergeant
94
what must you do when applying for a production order for a media organization
obtain approval from a Police executive or district commander
95
what are the grounds for applying for a production order
RGTS an offence (of which you could apply for a sw) has been or is being or will be committed ,
RGTB the documents constitute EM
RGTB the documents are in the position or will come into possession while the order is in force
96
how can you apply for a production order
in writing, in person at court - issuing officer
orally on phone or personal apperance
email
97
what must you do if orally applying for search warrant
back capture in written application within 24 hours
have RGTB delay to write one will prejudice the investigation or EM CADD
98
can hearsay evidence be used in applications
yes, however you must
have sufficient information to prove reliability of the information
the informants reliability
has info been confirmed by other means
99
if the execution of a search warrant or other power is justified by the outcome, will compensation be paid for damage
seldomly, compensation for justified damage will not be paid
100
if the execution of a search warrant or other power is not justified by the outcome of the execution, is compensation likely to be paid?
no, case by case, if the grounds for the execution were sound
101
what is the procedure for sw entry damage caused to rental property
risk of landlord, may be covered by insurance, Police not liable if grounds for execution were sound
102
if the search is unreasonable, or damage unjustified regarding manner of entry or search, is compensation available
maybe
103
is compensation available to occupier if there is a mistake on execution e.g wrong place
likely
104
is compensation likely for use of s14
no, repairs lie with owner or occupier or insurance
105
Are Police employees allowed to incur costs in rectifying damage caused during sw execution
No, forward claim and report to district commander or national manager
106
what must attending officers do after forced entry to a property
secure the premise
fix yourself, engage contractor, liaise with owner and wait
107
what are three rights in regard to surveillance
right to privacy in their own home
right to refuse entry to others
able to conduct lawful activities in private
108
what surveillance activities can you conduct when lawfully entering a private premise (x2)
your unaided, seeing, hearing, smell
record visually and audio aslong as the device does not amplify the ability to hear or see
109
where does the act restrict surveillance activities
in places an individual "ought reasonably to expect privacy"
110
what is surveillance (x6)
planned and directed activity
covert or overt
observing and recording, people, vehicles, places, things
intercepting private communications
tracking location
ascertaining whether a thing has been interfered or tampered with
111
what is a surveillance device
a device that assists and enhances your normal capability to carry out the surveillance.
112
what are three examples of surveillance devices
a visual surveillance device
an interception device
a tracking device
113
what is section 30
warrantless road block
114
who can authorise a road block and how long before judge can extend
senior constable (sergeant or higher, includes acting), 24 hours
115
what grounds can a road block be authorised
RGTS imprisonable offence or unlawfully at large
RGTS vehicle will travel through
is satisfied with safety of road block
116
what can you do at a road block s30
stop vehicles
request details from all occupants
search vehicle if RGTB person in vehicle
117
what is a surveillance device (visual)
any electrical, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used to observe, or to observe and record, a private activity
118
what does a surveillance device not include
spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.
119
under section 46, does observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device require a SDW
Yes
120
what are two exceptions apply to obtaining a SDW
situations of emergency or urgency (must still be reported online)
activities that do not require a warrant
121
What are "places" where people "ought reasonably to expect privacy", two categories
privately owned land
"goods" which includes vehicles, chattels and other tangible belongings
122
what three boundaries the act establish for lawful use of a surveillance device
where trespass is involved
where trespass is not involved
where warrantless powers exist
123
is surveillance unlawful if it involves trespass
yes, unless emergency
124
in regard to a SDW what is a private premise
private dwelling house, marae and any other premise not in the definition of non-private premises
125
what is a the definition of a non-private premises
premise, or part of a premises, to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport or shop
126
are all parts of hospitals, airports, shops etc non-private premises?
No there are areas that are restricted to the public which would not be considered private
127
what is private activity
A participant in an activity can reasonably expect the activity is private, if it is carried out in a private premises. However ought reasonably to expect is an objective test. private activities may occur in non-private premises.
128
what is private communication
a communication (oral, written, telecommunication) made under the circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties in the communication
129
what does private communication 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 of any party to do so
130
what is "ought reasonably to expect privacy"
an objective test, what would a reasonable person believe in the circumstances known
131
What is trespass surveillance
involves trespass onto land or goods
occurs the moment step onto private property without consent
no consent = trespass
132
what warrant application to use a visual surveillance device for trespass surveillance restricted to
serious offences (7+ years imprisonment)
133
what are warrant application to use an interception device, whether or not trepass surveillance occurs, restricted to
serious offences (7+ years imprisonment)
134
what is section 46
use of a surveillance device that involves trespass onto private property and interception device used to intercept private communications
135
what is curtilage
land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated "open fields beyond".
Defines the boundary within which a home owner can have a reasonable expectation of privacy and where common daily activities take place.
136
explain curtilage limitation and visual surveillance device
visual surveillance device can be used without SDW to observe private activity in curtilage as long as it does not exceed 3 hours in any 24 hour period and 8 hours max, includes single and connected investigations.
137
what does interception mean
hear, listen to, record, monitor, acquire or receive communication while it is taking place or in transit
138
what is an interception device
any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept or record a private communication
139
what does an interception device not include
a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing
140
what offences is a interception device restricted to
punishable by 7+ years of imprisonment
arms act 1983
Physcoactive substance act 2013
141
what is voluntary oral communication and is a SDW required
communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded, SDW not required
142
what is a tracking device x 2
a device that may be used to help ascertain, by electronic or other means, either
the location of the person or thing
whether the thing has been opened, tampered with or in some other way dealt with
143
what does a tracking device not mean
a vehicle or other means of transport, such as boat or heli
144
what offences may a SDW authorise a tracking device for
any offence punishable by imprisonment
145
what is the only scenario where a tracking device does not require SDW
to determine if a thing has been opened, tampered or dealt with and did not require trespass to land or goods to install
146
what are the two ingredients in an emergency where a SDW need not be obtained
entitled to apply
impracticable in the circumstances
147
what are the other criteria in emergency surveillance where SDW not practicable (x6)
14+ year offence has/is/will be
EM obtainable
Arms Act 1983
drug offence
likely to cause injury or serious damage to property
presenting risk to life and safety and sv is necessary
148
what is the time limitation to a surveillance device without warrant in an emergency
48 hours
149
who authorises surveillance device without warrant
DI or higher
150
what must you do after using a SD without warrant under section 60
notification to a judge within 1 month after the last day of the 48 hour period
151
what is the period a SDW is issued for and can you extend,
no more than 60 days
no must reapply
