SEARCH AND SURVEILLANCE Flashcards

1
Q

SURVEILLANCE DEVICE

A

A. An interception device
B. A tracking device
C. A visual surveillance device

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2
Q

R V LAUGALIS

A

Warrant preference approach where there is no urgent circumstances

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3
Q

Section 7

A

Enter place or vehicle to search and arrest person unlawfully at large if

RGTS person is unlawfully at large
RGTB person is there

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4
Q

Section 8

A

Enter place or vehicle to avoid loss of offender or EM

RGTB person is there
To avoid CADD

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5
Q

Section 9

A

Stopping vehicle to find person unlawfully at large or who has committed imprisonable offences

RGTB person is in there RBTS they have committed imprisonable offences

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6
Q

Section 10

A

After vehicle has stopped under Sec 9, search to locate person. If person arrested or seen fleeing vehicle before arrest - can search for EM

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7
Q

Section 15

A

Enter place (and vehicle if on property) search to find and avoid loss of EM for 14yr + offences

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8
Q

Section 16

A

Search person in public place if RGTB in possession of EM for 14yr offences and terrorism (not just to search offender)

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9
Q

Section 17

A

Enter and search vehicle in public place of RGTB in possession of EM of 14yr offences or terrorism

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10
Q

Section 18

A

Enter place or vehicle to search person to detain arms and arms licence if in possession of arms, breaching arms act or unable proper control or Family harm.

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11
Q

Section 20

A

RGTS offence against MODA and RGTB it impractical to get warrant/CADD.
Enter place or vehicle and search for drugs

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12
Q

Section 21

A

If section 20 (search place or vehicle for drugs) search people found in that place or vehicle

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13
Q

Section 22

A

Search person in public place believed to be in possession of drugs and precursor substances

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14
Q

Section 27

A

Search person in public place if RGTS possession of knife, off weapon or disabling substance

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15
Q

Section 28

A

Enter and search vehicle in public place for weapon

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16
Q

Section 83

A

Enter place search for EM after arrest and will be CADD

17
Q

Section 84

A

RGTB CADD of EM in vehicle in public place

18
Q

Section 112

A

What are you?
Items of uncertain status may be seized

19
Q

Section 117

A

Lock the scene down for a warrant to be done. You have 6 hours to get warrant. Direct constables. Not searching!

20
Q

Section 121

A

Stopping vehicle and search with or without warrant

21
Q

Section 122

A

Moving vehicles for purpose of searching or safekeeping

22
Q

Section 123

A

Seizure of items in plain view

23
Q

LAWFUL SURVEILLANCE (exam)

A

Unaided visual observation/hearing/sense of smell.

You can record by way of audio or visual device what you see or hear while lawfully there. Provided that the device you use does not enhance (amplify or enlarge) your ability to observe or hear.

Conducting an audio recording of a voluntary conversation between two or more persons made with the consent of at least one of them.

24
Q

SURVEILLANCE DEVICE DEFINITION (exam)

A

A device that is any one or more:
1) interception device
2) tracking device
3) visual surveillance device

25
Q

CURTILAGE

A

Land surrounding the dwelling

26
Q

Section 45 Surveillance

A

In emergency undertake surveillance using an interception device while obtaining EM for 7+ yr offence or Arms act offences for 48hours

27
Q

Section 46 Surveillance

A

Surveillance of curtilage with surveillance device (cannot trespass)
3 hours in any 24 hour period
8 hours in total

28
Q

Section 47 Surveillance

A

Body cam - Some activities that do not require a warrant - lawfully in private premises record observed what seen or heard
- covert audio recording. 1 to give consent

29
Q

Section 48 Surveillance

A

No warrant - ‘ going live’ emergency and serious not exceeding 48 hours. Get warrant

30
Q

TRESPASS SURVEILLANCE

A

Surveillance that Involves trespassing

31
Q

RAIN

A

Reason
Act
Intention
Name

32
Q

CADD

A

Concealed
Altered
Destroyed
Damaged

33
Q

WHEN IS A SURVEILLANCE WARRANT REQUIRED?

A

a) Intercepting private communications
b) tracking
c) visual obs on private property
d) exceeding time of obs into private activity in the curtilage
e) visual surveillance