Search And Surveillance

Question 1

Define non-private premises

Answer 1

Premises to which members of the public are frequently permitted access including any part of a hospital, bus station, railway station, airport or shop

Question 2

Define private communication

Answer 2

Communication weather oral, written or by telecommunication, made under circumstances that indicate any party desires it to be confined to the parties, does not include a communication to which any party to it may expect it may be intercepted by someone else without express or implied consent to do so

Question 3

Define Trespass surveillance and visual surveillance device

Answer 3

Trespass surveillance involves Trespass to land or to goods, a visual surveillance device is any electronic, mechanical, electromagnetic, optical equipment or device capable of being used to observe or observe and record a private activity but does not include spectacles or contact lenses

Question 4

Explain section 11 custody search without warrant of people who are or are to be locked up in police custody

Answer 4

You may search any person taken into lawful custody who is at a police station or to be locked up in other premises or about to be placed in a vehicle, before they are locked up. A person can be also searched after being locked up if they have been close to another person not locked up, close to another person locked up but not searched, or if they may have anything used to harm themselves

Question 5

Define locked up

Answer 5

Means a person taken into lawful custody and placed behind a closed or locked door preventing them from leaving. Includes an interview room cell or charge room or a vehicle being used for police purposes other than for the immediate purpose of transport

Question 6

When can a search warrant be issued - by an issuing officer being a district or High Court judge, Justice of the peace, community magistrate, registrar, deputy registrar authorised by the attorney general

Answer 6

When the issuing officer is satisfied you have reasonable grounds to suspect the offence specified and punishable by imprisonment has been, is being, or will be committed and believe that a search will locate evidential material relating to the specified offence in or on the place, vehicle or thing

Question 7

When may the issuing officer allow a search warrant application to be made orally e.g. by telephone or by personal appearance?

Answer 7

If a written application would cause a delay that would compromise the effectiveness of the search and the warrant can be properly issued on the basis of an oral communication or personal appearance providing all the required information is supplied

Question 8

When may the issuing officer allow an application for a search warrant to be made without a personal appearance or oral communication?

Answer 8

If satisfied that the warrant can be issued on the basis of written communication by the applicant and the information required for the application has been supplied and there is no need to ask any questions or seek any further information

Question 9

What nine things must every search warrant application contain?

Answer 9

Name of applicant, authority used, grounds, address or description of the place, evidential material sought, period for which the warrant is sought, whether more than one execution is required and if so why, any further information required, details of any other application for that place within last three months.

Question 10

What must search warrant applications not contain?

Answer 10

The name of, or any other information, that could identify an informant and an assertion or statement that the applicant knows to be false as this is an imprisonable offence

Question 11

What must the issuing officer not require the applicant to disclose?

Answer 11

The name address or other identifying details of an informant, unless and to the extent such information is necessary to assess either the credibility of the informant and or whether there is a proper basis for issuing the warrant

Question 12

Outline section 117 special powers where a search warrant is pending

Answer 12

If an application has not yet been granted or refused and you believe before the warrant can be issued evidence may be CADD then you may enter and secure the place and secure any items and direct any person to assist. Only for six hours or the warrant is available or the warrant is refused

Question 13

Explain section 127 special power of entry to execute vehicle search warrants where a search warrant is issued authorising the entry and search of a vehicle

Answer 13

You may enter any place you believe the vehicle is in to locate and search the vehicle, you may also move a vehicle to search or safe keep it.

Question 14

Explain the requirements of section 104, if required by the issuing officer you must complete a search warrant detailing what?

Answer 14

Whether the warrant was executed, whether evidence was seized and if so whether it was specified in the warrant, seized under section 123 or partially specified in the warrant and partially seized under section 123, whether any other powers exercised resulted in the seizure of evidence and whether any criminal proceedings have been brought

Question 15

What are the three types of surveillance devices and what does a surveillance device warrant allow you to do?

Answer 15

Audio interception device, tracking device, visual surveillance device. Allows you to obtain evidence about a suspected offence if you suspect an offence has been committed and believe using a surveillance device will obtain evidential material

Question 16

For what purposes is a surveillance device warrant required?

Answer 16

To intercept a private communication, use a tracking device, observe and or record private activity in private premises, use a device involving Trespass onto private property, observe private activity in curtilage for a single or connected investigation for more than three hours in 24 hours or eight hours in total

Question 17

In what circumstances is a surveillance device warrant not required?

Answer 17

If you are lawfully on private premises and record what you observe or hear there without the use of a surveillance device, you make a covert audio recording of voluntary communication with consent of one party, or you are carrying out surveillance using a device authorised by another enactment

Question 18

What is permitted in the following circumstances - suspect an offence punishable by 14 years, suspect an offence is being committed likely to cause injury or damage or risk to life, a person is carrying arms incapable of proper control, suspect an arms act offence being committed, suspect a drug offence or possession?

Answer 18

If you believe a surveillance device would obtain evidence, prevent the offending, assist in seizing the arms, you may use the device for less than 48 hours in total without a warrant if you are entitled to apply for a surveillance device warrant but doing so is impracticable in the circumstances

Question 19

Define curtilage

Answer 19

Land immediately surrounding a house but not open fields beyond, the boundary within which a home owner can have a reasonable expectation of privacy