Search And Surveillance 2012 Flashcards
Reasonable grounds to BELIEVE vs Reasonable ground to SUSPECT
RGTS
Beyond mere recognition that something is possible to the point that … the proposition in question is regarded as inherently likely
RGTB
There must be the view that the state of affairs in questions actually exist
RGTS requires the enforcement officer to ….
Hold a suspicion that a state of affairs is ‘inherently likely’
RGTB belief requires …
An element of actuality; the officer must believe that the state of affairs is a matter of fact
What is Evidential Material ?
In relations to an offence or a suspect offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence
What powers to consider when ‘Enter and Search Effecting Search’ ?
Section 7
Entry without warrant to arrest person unlawfully at large
Section 8
Entry without warrant to avoid loss of offender or evidential material
Section 9
Stopping a vehicle to find persons unlawfully at large or who have committed certain offences (imprisonable offences)
Section 10
Power and duties of Constable after vehicle stopped
What is the legislation for Section 7, S&S Act 2021 ?
Entry without warrant to arrest person unlawfully at large
A Constable may enter a place or vehicle without warrant to search for and arrest a person if the Constable has RG
- to SUSPECT that a person is U/L at large
- to BELIEVE that the person is there
What powers do you have for S7 for S&S Act 2012 ?
Powers:
Enter - the place or vehicle without warrant
Search - the place or vehicle for the person for the purpose of arresting them.
What is the legislation for S8 of the S&S Act 2012 ?
- Constable may
- Enter a place or vehicle without a warrant AND
- Search for and arrest a PERSON that the Constable suspect has committed an offence - Constable has RGTS
- Person has committed an offence punishable by imprisonments offence and for which he/she may be arrested w/o warrant AND
A) Believe the person is there AND
B) Believe that if entry is not effected immediately, either or both of the following may occur
* persons will leave there to avoid arrest
* EM to the offence for which the person is to be K9 is to be CADD
What must you suspect for S8 of the S&S Act 2021 ?
A person has committed an offence punishable by imprisonment for which they may be arrested without warrant
What must you believe for S8 of the S&S Act 2012 ?
- The person is in OR on the place or vehicle
- If entry is not effected immediately
- The person will leave there to avoid arrest OR
- EM relating to the offence for which the person is to be arrested will be CADD
What powers do you have under S8 for S&S Act 2012?
- Enter the place or vehicle
- Search the place or vehicle for the person for the purpose of arresting them
Under S46(e) what can you do without a surveillance device ?
- Observe private activity WITHOUT the use of a surveillance device from public areas
- Observe private activity in the curtilage of private premises by means of surveillance device FOR a single investigation OR connected series of investigation FOR a period of observation that does NOT EXCEED
- 3 hours in any 24 hour period
OR - 8 hours in total.
Under S46 what activities requires a surveillance device ?
- Interception device to intercept a private communication
- Tracking device *except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the instillation of the device does not involve trespass to land or trespass goods
- Observation of private activity IN private premises and any recording of that observation by means of a visual surveillance device
- Use of a surveillance device that involves trespass to land or trespass goods
- Observation of private activity in the curtilage of private premises …… exceed 3 hours in any 24 hour period OR 8 hours in total
Under S45 when is a enforcement officer authorise to undertake trespass surveillance ?
In order to obtain EM in relations to an offence -
- Punishable by a term of 7+
OR
- Against section (44,45) (50,51) (54,55) of the AA1983
Powers you have under S45?
Undertake - Trespass surveillance
Use - An interception device
Under S47(a) a warrant is not required …
S47(b) a warrant is not required ….
When you are lawfully in private premises AND recording what he or she observes or hears there WITHOUT the use of a surveillance device
Conducting an audio recording of a voluntary oral communication between 2 or more person made with CONSENT of at least 1 of them
To use power S112 ? What are you doing ?
Exercising a search power
Eg. 4X
What is the purpose of S112 ?
When you are uncertain
- whether an item found may be lawfully be seized
AND
- It is not reasonable practicable to determine whether that item can be seized at the place or vehicle where the search takes places
What powers do you have under S112 ?
Remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.
What circumstances must exist for S117 to be exercised ?
- A search warrant is about to be made OR has been made
AND - Has not yet been granted or refused by any issuing officer AND
- the officer is present at the place or vehicle that is or is to be the subject of the application.
What RTB needed to exercise S117 ?
EM may be CADD
OR
Removed before a decision is taken to grant or refuse the issue of a search warrant
What powers do you have under S117 ?
Enter - The place, vehicle or other thing in respect of which authorisation to enter and search is being sought
Secure - The place, vehicle, or other thing in respect of which authorisation to enter and search is being sought
Secure - Any items or items found at that place or in or on that vehicle or other thing
Direct - A person to assist with the enters and securing of the place or vehicle or other thing or the securing of items in it.
When does the power S117 end ?
Remain on the vehicle or place no more than 6 hours from the time the initial time of entry
Warrant is available for execution at that place or vehicle or in respect of that other thing
The application for a SW is refused
A person who exercise this power MUST
- ID himself
- State Act and the Reason for the search
- if not in uniform produce evidence of his or her ID
What RTS and RTB to exercise section 15 ?
RTS
That an offence outlined punishable by 14+ years has been committed or is being committed or is about to be committed.
RTB
Believe the EM relating to that offence is in that place
&
If entry is delayed in order to obtain a SW the EM will be CADD
What powers do you have under S15 ?
Enter - A place without warrant
Search - The place
What RTS and RTB to exercise S16 ?
RTB
Person is in possession of EM relating to an offence punishable by imprisonment for a term of 14+ I/O
What RTS and RTB to exercise S17 ?
RTB
That EM related to that offence is punishable by I/O for a term of 14+ or more is in or on vehicle
What powers do you have under S17 ?
Enter - A vehicle that is in a PP without warrant
Search - The vehicle
What powers do you have under S16 ?
Search - a person in a PP without warrant
