Search and surveillance Flashcards
What is curtilage?
The land immediately surrounding a dwelling and includes any close associated buildings. It is an area where a home owner has a reasonable expectation of privacy. It does not include open fields or areas beyond.
What is evidential material?
An evidence of the offence or anything relevant to the investigation. It can be tangible or intangible.
What is a non-private premises?
Premises or parts of premises where members of the public are frequently permitted to have access.
What is a surveillance device? (Examples)
A tracking device, an interception device or a visual surveillance device.
What is a visual surveillance device?
Any device that is used or capable of being used to observe and/ or record.
What are the time limits around conducting surveillance without a SDW?
3 hours in any 24 hr period or 8 hours in total.
Under what circumstances can you use section 17?
If a vehicle is in a public place and you have reasonable grounds to believe that evidential material relating to a serious offence (14 yrs or more) is in or on the vehicle
Under what circumstances can you use section 16?
When a person is in a public place and you have reasonable grounds to believe the person is in possession of evidential material (14 yrs or more)
When can you use 123? What does it allow you to do?
- Exercising a search power
- lawfully in a place or in/on a vehicle
- conducting a lawful search of a person
To seize items in plain view if you have RGTB you could seize them under any search warrant or any search power under this act.
What must you be doing for 123 to be lawful?
- Exercising a search power
- Lawfully in a place or in/ on a vehicle
- Conducting a lawful search of a person
What are tour obligations when exercising a warrant less search power?
- introduce self
- State the Act
- state the reason for the search
- If not in uniform, produce ID
What can you do under 46(e)?
You can observe private activity without the use of a SD from public areas.
You can also observe and record with a SD, private activity in the curtilage at a private premises if it does not exceed 3 hours in any 24 hour period, or 8 hours in total.
If longer, you must obtain a SDW.
Under section 45, under what circumstances can we conduct surveillance trespass?
What circumstances must exist to make this lawful?
In order to obtain evidential material in relation to an offence that is punishable by 7 yrs or more, or is an offence against 44, 45, 50, 51, 54, or 55 of the arms act 1983.
You must be obtaining evidential material for an offence punishable by 7 yrs or more or
Against the arms act offences (above)
