Search And Surveillance 3 Flashcards
Surveillance:
Everyone has a right to privacy in home, right to refuse entry, right to expect privacy to conduct lawful private activity.
Act restricts surveillance activity where individuals ought to reasonably expect privacy.
What is surveillance?
Planned and directed activity, overt or covert for:
- observing and recording of People, PVT
- ascertain - location of thing or person, if it’s been tampered or interfered with.
- intercepting private communications
Surveillance risk assessment, risk must be:
3 points
Identified
Assessed
Considered in planning
What is a surveillance device
Kinds of devices
ITV
Device which assists and enhances normal capabilities to carry surveillance.
Interception
Visual
Tracking
Visual Surveillance Device
Any Electronical Mechanical Electromagnetic Electro-optical Apparatus Equipment or other device
Used to observe and record private activity.
Does not include spectacles, contacts or anything to correct subnormal vision to no better then normal
Section 46- activities for which surveillance device warrant required
(C)
Observation and recording of private activity in private premises by VSD
Surveillance is unlawful if
If it involves trespass which is unauthorised entry onto private land or unauthorised handling of goods
Unless authorised by SDW
Private Premises:
Private dwelling house
Marie
Other premises not defined as non-private.
Non-private premises
Premises, or part of premises which public are frequently permitted to access.
Include hospitals, bus station, airport, shop.
Some parts within remain private.
Private Activity:
Fundamental human right.
Participant can reasonably expect the activity is private if carried out in private premises
Private Communication
Means communication (oral, written, telecommunication, other) made under circumstances that indicate any party desires it to be confined to the parties to the communication.
Person can reasonably expect communication to be private, when interfered or intercepted- SDW required
Private communication doesn’t include
Communication occurring in circumstances in which any party ought reasonably expect that the communication may be intercepted by some other person without express or implied consent of any party.
Trespass Surveillance means
Surveillance involves trespass onto land or goods
Occurs the moment officer steps onto private property without consent
If no consent to enter private property- you are trespassing
Restrictions on use of Surveillance Device
Any warrant application to use VSD for trespass surveillance only authorised for serious offence
7years or more imprisonment.
Section 46- activities for which surveillance device warrant required
(d)
Use or surveillance device that involves trespass onto private property.
What is curtilage
Land immediately surrounding a house or dwelling, including closely associated buildings and structures.
Defines boundaries which home owner can reasonably expect privacy where common daily activities take place
Activities that don’t require a warrant cover the use of VSD within curtilage of private , restricted to time limitation.
Section 46- activities for which surveillance device warrant required
(e)
Observation and recording in the curtilage of private premises by VSD if duration exceeds
3 hours in a 24 hour period
8 hours in total
If lawfully on private premises can carry out unaided:
Observation
Hearing
Smell
Can record by audio or visual device provided it doesn’t enhance ability to observe or here
Interception includes:
Hear, listen, record, monitor acquire or receive communication either:
When it’s taking place
While it’s in transit
Interception Device
Any Electronical Mechanical Electromagnetic Electro-optical Apparatus Equipment or other device
Used to intercept or record private communication.
Does not include hearing aid or similar to correct subnormal to to better then normal.
Section 46- activities for which surveillance device warrant required
(a)
Use of interception device to intercept private communication.
Limitations is interception device
Offence 7+ years
Arms offence
Psychoactive substance act
Section 47- voluntary oral communication.
Between one or more persons where at least one party gives consent for communication to be recorded.
No need to obtain SDW
Tracking device
Decide, used to help ascertain by electronic or other means
- location
- whether thing has been opened, tampered with, or dealt with
Does not include a vehicle, helicopter.
