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Search and Surveillance Module > Search And Surveillance Act 2012 > Flashcards

Search And Surveillance Act 2012 Flashcards

1
Q

Who can issue a search warrant?

A

District Court Judge
High Court Judge

Or any person authorised by the Attorney General such as:

Justice of the peace (JP)
Community Magistrate
Registrar
Deputy Registrar

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2
Q

What does the acronym PARA mean?

A

Planned Action Risk Assessment

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3
Q

What does Section 117 NOT allow you to do?

A

It does not allow you to search for evidential material. You can enter and secure the place, vehicle, facility or other thing or any items, but must not amount to searching for evidence.

For example - you can search anywhere reasonably where a person can hide. You will be scrutinised if you search places where a person cannot hide for example drawers which are holding drugs, money and scales. (Fruit from the poisonous tree)

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4
Q

What does Section 117 allow Police to do?

A

Enter and secure a place, vehicle or other thing if you have RGTB that evidential material will be CADD.

Secure any item found and direct any person to assist with entry and securing the place, vehicle or securing the items in it.

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5
Q

Before applying for a search warrant, you must?

A

Have RGTS that an offence punishable by a term of imprisonment has been, is being or will be committed.

RGTB that evidential material relating to the imprisonable offence is in the that place, vehicle or other thing.

Have checked the target’s history in NIA for other search warrant application/outcomes.

Have assessed the risk associated with executing the search warrant

Have obtained initial approval from a supervisor at or above the rank of sergeant to proceed with the online application.

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6
Q

If you execute your search warrant at an address and realise you have the wrong unit/flat number, what can you do?

A

Invoke Section 117 to secure the place while you amend the search warrant to show the correct address and get it signed/authorised by an Issuing Officer.

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7
Q

What does does the acronym AWOCA stand for?

A

Ask - Greet and RAIN person before asking to comply with search warrant.

Why - tell them why you’re there.

Options - give them the options available either comply with search warrant or be arrested for obstruction.

Confirm - confirm with the person/s they understand the options.

Action - take action

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8
Q

If items are seized from your search warrant, what must be done?

A

An inventory listing items seized must be left with the occupier.

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9
Q

What does the acronym RAIN mean?

A

Reason - Explain the reason you are there

Act - You’re invoking Search and Surveillance Act 2012

Intent - You intend to enter and search for items/person.

Name - identify yourself by name or if not in uniform provide police ID.

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10
Q

How long is a search warrant valid for?

A

No more than 14 days from the date of issue, as specified by the Issuing Officer

Or

No more than 30 days from the date issued, as specified by the Issuing Officer , if you have justified why this is necessary and the Issuing Officer is satisfied.

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11
Q

When can a search warrant be executed?

A

At any time that is reasonable under the circumstances

Or

At a restricted time required by the Issuing Officer as a condition of the execution

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12
Q

When is a search warrant considered executed?

A

When you or anyone assisting you:

Have seized the evidential material specified in the search warrant

Or

Leave the place, vehicle or other thing to be searched and do not return within 4 hours.

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13
Q

How often can a search warrant be executed?

A

Once ,UNLESS, more than one execution is applied for, justified and authorised in the search warrant. You must detail the reason for the multiple entries.

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14
Q

What are your announcement obligations?

A

RAIN -
Introduce yourself by name or unique ID (QID), if you’re not in uniform provide Police ID.

Reason why you are there - you have a search warrant or you’re invoking S&S 2012 because you have RGTS an imprisonable offence has been, is being or about to be committed and you have RGTB evidential material relating to the offence is in that vehicle, place or other thing.

State that Act your enforcing (S&S 2012)

What your intentions are - to enter and search the vehicle, place or other thing

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15
Q

When are Police liable for costs due to damage to property during the execution of a search warrant or warrantless search power?

A

If the search is unlawful or unreasonable and the use of force is unreasonable in the circumstances.

If the door is unlocked there is no need to break it open.

If there is a mistake in identifying the address, and you go to the wrong flat or neighbouring address and force entry into the address.

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16
Q

When are Police NOT liable for costs of damages during the execution of the search warrant or warrantless search powers?

A

If the force used is reasonable,

you’re at the correct address and the occupants refuse to open the door,

you have RGTB if delayed evidential material will be CADD.

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17
Q

Who do you send a report to in relation to compensation for damages to property during the execution of your search warrant/warrantless search power?

A

District commander or National manager

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18
Q

What things should be included when reporting damage to property during search warrant/warrantless search?

A

Circumstances surrounding the execution of search warrant/warrantless search

Grounds for its execution

The damage caused and circumstances

The outcome

Details of the owner, occupiers or user of the property, at the relevant time.

The nature and basis of the claim, as stated by the owner of the property

Any steps taken by Police or the owner to prevent further loss or damage

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19
Q

What is a surveillance device?

A

A device which assists and enhances your normal capabilities to carry out the surveillance.

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20
Q

What are three types of surveillance devices?

A

A visual surveillance device

An interception device

A tracking device

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21
Q

What is Trespass surveillance?

A

Surveillance that involves trespass onto land or trespass to goods.

Trespass surveillance occurs the moment an enforcement officer steps onto private property without consent.

For surveillance purposes, if you do not have consent to enter onto
property, then you are trespassing.

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22
Q

Restrictions on use of surveillance devices

A

Any warrant application to use a visual surveillance device for trespass surveillance will only be authorised for obtaining evidential material for serious offences only.

Any warrant application to use an interception device, whether or not a
trespass surveillance occurs, is restricted to obtaining evidential material for serious offences only.

(A serious offence is an offence punishable by 7 years imprisonment or more)

Section 46 - Activities for which surveillance device warrant required
(d) Use of a surveillance device that involves trespass onto private property.

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23
Q

What is curtilage?

A

Means 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 daily activities’ take place.

Activities that do not require a warrant cover the use of a visual surveillance
device within the curtilage of private property but usage is restricted to time limitations.

24
Q

Define private activity under this act

A

A participation in an activity can reasonably expect the activity is private, if it is carried out in private premises.

25
Q

Curtilage limitations

A

Section 46(e) - search and surveillance act 2012

observation of private activity in the curtilage of private premises, and
any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of that observation, for the purposes of a single investigation, or a connected series of investigations, exceeds
(i) 3 hours in any total 24-hour period; or
(in) 8 hours in total

26
Q

Why use a search warrant?

A

Ensures judicial oversight

Provides greater protection for Police and the public

Requires recording and reporting of results

27
Q

During a consent search, a person withdraws their consent, what must you do?

A

Stop the search immediately and do one of the following:

Invoke a search power and/or

Apply for a search warrant

28
Q

What does section 120 of S&S 2012 allow Police to do?

A

If in fresh pursuit of an offender, and with RGTB that relevant evidential material is still on the person, you have the power to enter any place to apprehend the person and search the person or vehicle

29
Q

What is privileged material?

A

Any material that is communication with:

Legal advisers

Ministers of religion

Medical practitioners

Clinical psychologists

Informers (informants)

Journalists

30
Q

When executing a search power to search a person you may:

A

Detain them to enable the search to be conducted

Use reasonable force for the purpose of the search

Search any item that the person is wearing, carrying or is in the persons physical possession or immediate control

Seize anything carried by or in their physical possession or immediate control if the thing is subject of the search or may lawfully be seized

31
Q

What does Section 127 of S&S 2012 allow Police to do?

A

Enter any place

To locate the vehicle to execute the search warrant if you have RGTB that the vehicle is there.

32
Q

How long are Production Orders valid for?

A

For the period of time specified in the order (not exceeding 30 days after the date on which the order is made)

33
Q

When should a risk assessment be conducted for a search warrant/surveillance device warrant?

A

Before the application is approved and again before it is executed

34
Q

When considering any search, you must be taken into consideration before conducting the search?

A

If there is time to apply and get approval for a search warrant

Can the scene be secured under section 117

Are reasonable resources available to minimise risk and ensure safety

Is the evidential material at risk

Location of the search and who may be present

35
Q

Rules regarding consent searches for a person under 14 years of age?

A

A person under 14 years old is unable to consent to the search of a place,
vehicle or other thing (unless they are found driving with no passenger of or
over 14 years of age with authority to consent to the vehicle’s search).

36
Q

Examples of CADD

A

Concealed - By burying or hiding items in another place or removing items.

Altered - By changing or removing serial numbers from stolen property in an attempt to disguise it

Damaged - By cutting out the VIN number of a stolen vehicle to remove an identifying feature

Destroyed - By consuming food, alcohol or drugs, burning clothes.

37
Q

A key process once people at a search are detained?

A

Must provide them with their Bill Of Rights

38
Q

If the search warrant application is refused by the Issuing Officer, you should:

A

Record the Issuing Officers reasons for refusing to sign

Consider the issues raised and if possible re-draft the application, ensuring you have addressed these issues

Re-submit the application to the same Issuing Officer

39
Q

If the issues cannot be addressed in regard to the Issuing Officer, you should:

A

Make further enquiries to support the application

Consider whether to continue your investigation without conducting a search

if the reasons for not signing the search do not seem justified, submit a report to Legal Services for direction

40
Q

What is visual surveillance device?

A

Any electronic, mechanical, electromagnetic, or electro-optical instrument, apparatus, equipment, or other device that is used to observe, or to observe and record, a private activity, but does not include spectacles contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.

41
Q

What is curtilage?

A

Means the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any open fields.

It defines the boundary within which a home owner can have a reasonable expectation of privacy and where “common daily activities” take place.

Curtilage on a farm will be form a small part of the entire property.

42
Q

What is private communications?

A

Means, a communication (whether in oral or written form, or in the form of telecommunication, other 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

does not include 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 express or implied consent of any party to do so.

43
Q

Privilege practical procedures

A

Ensure that person or their representative is present when the search is undertaken

Give the person a reasonable opportunity to claim privilege

44
Q

What is interception device?

A

(a) means any electronic, mechanical, electromagnetic, optical or electrooptical
instrument, apparatus, equipment or other device that is used
or is capable of being used to intercept or record a private
communication; but
(b) does not include a hearing aid or similar device used to correct
subnormal hearing of the user to no better than normal hearing.

45
Q

What is a tracking device?

A

means a device that, may be used to help ascertain, by electronic or
other means, either or both of the following:
(i) the location of a thing or a person;
(ii) whether a thing has been opened, tampered with, or in some
other way dealt with; but
(b) does not include a vehicle or other means of transport, such as a boat
or helicopter.

46
Q

Voluntary oral communication

A

A voluntary oral communication is a communication between one or more
persons where at least one party in the communication gives their consent for
the communication to be recorded (section 47).

There is no requirement to obtain a surveillance device warrant to intercept
and record a voluntary oral communication.

47
Q

What does section 110 authorise you to do?

A

Enter and search the place, vehicle or other thing, that you are authorised to enter and search

Search any item or items found in that place, vehicle or thing

Use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure

Request assistance with entry and search

Bring and use a trained law enforcement dog and it’s handler

Copy any document, or part of a document, that may be lawfully seized

Access a computer system or data storage device

Copy intangible material eg: computer data

Take photographs, sound and video recording and drawings

48
Q

What additional powers can you use along section 110?

A

116 - secure a place, vehicle or other thing to be search and exclude any person from there.

118 - detain people when searching places and vehicles for the purpose of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search

119 - search people found when searching places and vehicles if you have RGTB that evidential material that is the object of the search is in that person

120 - in fresh pursuit and with RGTB that relevant evidential material is still on the person, you have the power to enter any place to apprehend the person and search the person or vehicle

49
Q

What does section 121 allow you to do?

A

Use s121 to stop a vehicle if you have authority to search the vehicle by:

Executing a search warrant or using a search power

50
Q

Who may apply for a Production Order?

A

Any enforcement officer may apply to an Issuing Officer for a production order.

51
Q

Who can approve your Production Order application before it is sent to the telecommunications provider?

A

District approver

52
Q

When the Issuing Officer does not sign the search warrant application you should:

A

Record the Issuing Officers reasons for refusing to sign

Consider the issues raised and if possible re-draft the application, ensuring you have addressed these issues

Re-submit the application to the same Issuing Officer

53
Q

Definition of RGTS

A

Having a sound basis for suspecting that a situation or circumstance exist

54
Q

Definition of RGTB

A

Having a sound basis for believing that a situation or circumstance exist.

55
Q

Reasonable grounds

A

When you have formed a belief or suspicion you must be able to clearly describe your reasons - your reasonable grounds - for holding the belief or suspicion.

You must:

Record your reasonable grounds for using a search power in your notebook. This is your decision log.

Be aware that you may be required to:
Report on your decision to use a power and your grounds for using it

Justify your use of a power in court or in other formal proceedings.

Search and Surveillance Module (1 decks)

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