Search and Surveillance Flashcards
Surveillance Device
An interception device
A tracking device
A visual surveillance device
Unlawfully at large
has an arrest warrant in force (excluding fines warrant)
has escaped from prison or is absent without leave
has escaped lawful custody
is a special patient or restricted patient and has escaped or failed to return from leave
is a “young person” who is subject to youth court supervision and they are absconding from CYFS custody
Section 15
Entry without warrant to find and avoid loss of evidential material relating to certain offences
Reasonable grounds to suspect that offence 14 years has been committed
Reasonable grounds to believe if entry is delayed then evidentail material CADD
(this includes searching a vehicle on property)
Section 16
Searching people in pp without warrant for evidential material relating to certain offences
Reasonable grounds to believe a person is in possession of evidential material relating to an offence punishable by imprisonment for 14 years or more
Section 17
Warrantless entry and search of vehicle for evidential material relating to certain offences
Reasonable grounds to believe that evidential material relating to offence punishable by 14 years of more is in or on vehicle
(only allows search of vehicle in pp)
Section 117
Special powers where application for search warrant pending
The following must exist
-a search warrant is about to be made
-has been made
-has not yet been granted or refused by an issuing officer
-the officer is present at the place or vehicle that is to be the subject of the application
Reasonable grounds to believe evidentail material will be CADD before decision to grant warrant is made
Enter the place /vehicle/or other thing
Secure the place vehicle or other thing
Secure any item
Direct a person to assist
Powers expire:
after 6 hours when the power was first exercised
the warrant is available for execution
the application is refuse
Section 123
Seizure of items in plain view What must you be doing: Exercising a search power lawfully in any place or vehicle conducting a lawful search of a person finds any item in the course of the search or as a result of observations
Reasonable grounds to believe could have seized the item/s under
any search warrant could have been obtained
any other search power could have been exercised
Section 45
Restrictions on some trespass surveillance and use of interception device
What must you be doing
-obtaining evidentail material in relation to an offence
-punishable by a term of imprisonment of 7 years or more
-against section 44,45,50,51,54 or 55 of arms act
Powers:
Undertake trespass surveillance
use an interception device
Section 46
Activities for which surveillance device warrant required
What can you do without a surveillance device warrant
-observe private activity without the use of a surveillance device
-observe private activity in the curtlage of private premises by means of a surveillance device for a single investigation or a connected series of investigations for a period of observation that does not exceed
(i) 3 hours in any 24 hr period
(ii) 8 hours in total
Section 47
Some activities that do not require warrant under this subpart
When 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
When a warrant is not required
Conduction and audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least one of them
Define curtilage
is a legal term used to define the land immediately
surrounding a house or dwelling, including any closely
associated buildings and structures, but excluding any
associated ‘open fields beyond’. It defines the boundary within which a home owner can have a reasonable
expectation of privacy and where ‘common home
activities’ take place.
Define Evidential material
in relation to a particular offence, means evidence of
the offence or any other item, tangible or intangible, of
relevance to the investigation of the offence
Define Private activity
means activity that, in the circumstances, any 1 or more
of the participants in it ought reasonably to expect is
observed or recorded by no one except the participants.
Define Non-private premises
means premises, 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
Define Private communication
(a) means a communication (whether in oral or
written form, or in the form of a telecommunication,
or otherwise) made under circumstances that may
reasonably be taken to indicate that any party to the
communication desires it to be confined to the parties to the communication; but
(b) does 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.
Define Private premises
means a private dwelling-house, a marae, and any other premises that are not within the definition of non-private premises.
Define Reasonable grounds to
believe*
means having a sound basis for believing that a situation or circumstance actually exists.
Define Reasonable grounds to
suspect*
means having a sound basis for suspecting that a
situation or circumstance is likely to exist.
Define Surveillance device
means a device that is any 1 or more of the following kinds of devices: (a) an interception device: (b) a tracking device: (c) a visual surveillance device.
What is Trespass surveillance
means surveillance that involves trespass to land or
trespass to goods
Under S&S what is Unlawfully at large
in relation to a person, means that the person:
• has an arrest warrant in force (excluding fines
warrants)
• has escaped from prison or is absent without leave
• has escaped from lawful custody, e.g. police cells or a
police car
• is a special patient or a restricted patient and has
escaped or has failed to return from leave
• is a care recipient or special care recipient (with an
intellectual disability) and has escaped or has failed to
return from leave
• is a “young person” who is the subject of a Youth
Court “Supervision with residence” order and they are
absconding from CYFS custody.
Define
(a) means any electronic, mechanical, electromagnetic,
optical, or electro-optical instrument, apparatus,
equipment, or other device that is used or is capable
of being used to observe, or to observe and record,
a private activity;
but
(b) does not include spectacles, contact lenses, or a
similar device used to correct subnormal vision of the
user to no better than normal vision.
