Search and Surveillance Act 2012 Flashcards
Reasonable grounds to believe?
Having a sound basis for believing.
Reasonable grounds to suspect?
Having a reasonable grounds for suspecting. Likely to exist.
Tracking device?
Tracking device means:
helps to ascertain by electronic or other means
The location of such thing or person,
Whether the thing has been opened, tampered with.
Interception device?
Any electronic, mechanical,optical that is used or is capable of being used to intercept or record a private communication.
Does not include a hearing aid or similar device.
Visual surveillance device?
Any electronic, optical is capable is not being used to observe.
Purpose of the act?
Modernising the law of search, seizure and surveillance.
Providing rules that recognise the importance of the rights.
Investigative tools are effective and adequate
Which power should you used for searching arrested or detained persons?
A rubdown search Sections 85-87
A warrantless search Section 88
A search may be carried out under one of the provisions before the search conducted under section 11 when people are locked up.
The primary purpose of section 11 is to protect the detained person not looking for evidential material.
Applying for a search warrant?
Unless impracticable in the circumstances you must obtain a search warrant before searching a place, vehicle or thing.
What are grounds for applying for a search warrant?
You can apply if you have reasonable grounds:
to suspect as offence punishable by imprisonment has been, is being or will be committed.
and
to believe that search will find evidential material.
Informant information in warrants?
Informant is not restricted to Covert Human Intelligence Sources (CHIS)
The names of informants not registered may be withheld but care exercised to ensure they are informants rather than witnesses.
Special powers when warrant applications are pending?
if CADD applies
Expiry of 6 hours
Warrant is available
Application for a search warrant is refused.
