Search and Surveillance, Electronic Crime and Cybercrime

Question 1

Define the term, arms.

Answer 1

Any firearm, pistol, restricted weapon, imitation firearm or explosive or ammunition.

Question 2

Define curtilage

Answer 2

A legal term to define the land immediately surrouding a house or dwelling i/e a place where ‘common home activities’ take place.

Question 3

What is evidential material?

Answer 3

Evidence of the offence or any other item, tangible or intangible of relevance to the investigation.

Question 4

What is a non-private premises?

Answer 4

A premises or part of a premises to which members of the public are frequently permitted to have access to.

Question 5

What is a private activity?

Answer 5

An activity where participants ought reasonably to expect not to be observed or recorded by no one except other participants

Question 6

What is a private premises?

Answer 6

A private home or other premises that are not frequently open to members of the public.

Question 7

What is a surveillance device?

Answer 7

Any device that is one or more of the following.

-an interception device, a tracking device, a visual surveillance device.

Question 8

What is surveillance that involves trespass to land or goods?

Answer 8

Trespass surveillance.

Question 9

What does it mean when a person is unlawfully at large?

Answer 9

has an arrest warrant,
has escaped from prison or is absent without leave,
has excaped lawful custody,
is a special or retricted patient and has escaped or failed to return from leave,
is a young person absconded from CYF’s custody.

Question 10

Define what a visial surveillance device is?

Answer 10

Any electronic device that is capable of being used to observe or record a private activity.

Question 11

In relation to the general principles in relation to search and surveillance what are the 2 main principles?

Answer 11

All searches must be lawful and reasonable
All searches must be authorised by legistlation, so must always either, execute a search warrant or exercise a warrantless power or conduct a consential search.

Question 12

What are the consequences if a search warrant is conducted unlawfully or unreasonably or not authorised by legistlation (search warrant, warrantless search power or consential search).

Answer 12

The search would be unlawful and any evidence gathered may not be admissible.

Question 13

What 3 things must you do, wherever possible in relation to searches?

Answer 13

1. apply for a search warrant.
2. use a warrantless search power
3. undertake a consent search.

Question 14

Why is a consent search undesirable as a first option if you have a statutory power to search a person, vehicle, place or thing?

Answer 14

As the consent given by that person for searching can be withdrawn at any time.

Question 15

Section 7 of the Search and Surveillance Act 2012 relates to what?

Answer 15

Entry without warrant to arrest person unlawfully at large.

Question 16

What does Section 8 of the Search and Surveillance Act 2012 relate to?

Answer 16

Entry without warrant to avoid loss of offender or evidential material.

Question 17

What are the 3 things you must have reasonable grounds to suspect in relation to Section 8 of the Search and Surveillance Act 2012 before entering a place or vehicle?

Answer 17

Suspect the person has committed an offence punishable by imprisonment,
believe that person is there and
believe that if entry is not effected immediately the person will escape or destroy, conceal, alter or damage and evidential material.

Question 18

In relation to Section 7 of the Search and Surveillance Act 2012 what must a constable have reasonable ground to believe before entering a place or vehicle?

Answer 18

That person is unlawfully at large and

That person is at that place or in or on that vehicle.

Question 19

Does section 8 give you the power to search for evidential material?

Answer 19

No.

Question 20

What does section 9 of the Search and Surveillance Act 2012 relate to?

Answer 20

Stopping a vehicle to find a person unlawfully at large or who has committed an imprisonable offence.

Question 21

What 3 things must be satisfied in relation to section 9?

Answer 21

Must suspect that a person is unlawfully at large or
has committed an imprisonable offence and
believe that person is in the vehicle

Question 22

What does section 10 of the Search and Surveillance Act 2012 relate to?

Answer 22

Powers and duties of Constables after the vehicle is stopped.

Question 23

Section 10 relates to the powers and duties of contables after stopping a vehicle to find a person unlawfully at large or a person committing an imprisonable offence. What 3 things does section 10 allow you to do?

Answer 23

(a) Require a suspect in the vehicle to supply their details.
(b) Search the vehicle to locate the suspect
(c) Search the vehicle to locate property that is evidential in relation to any offence in which the vehicle was stopped for.

Question 24

In relation to section 10 what must you inform the driver of if you have stopped a vehicle under section 9 and the driver is not the suspect.

Answer 24

You have to inform the driver of the reasoning behind the search.

Question 25

Section 15 relates to the entry of a place without a warrant to find and avoid loss of evidential material relating to certain offences. What 2 things must be met to carry out a search?

Answer 25

Suspect that an imprisonable offence punishable by a term of 14 years or more has, is or about to be committed and
believe that evidential material relating to the offence is in that place and you believe if entry is delayed to obtain a searh warrant the evidential material will be destroyed, concealed, alterted or damaged.

Question 26

What warrantless search power allows you to search vehicles at a place?

Answer 26

Section 15 allows you to search vehicles at a place that a section 15 search has been conducted at.

Question 27

What does section 16 of the Search and Surveillance Act 2012 relate to?

Answer 27

Searching people in a public place, without warrant for evidential material relating to an offence punishable by 14 years imprisonment.

Question 28

What does section 17 of the Search and Surveillance Act 2012 relate to?

Answer 28

Warrantless entry and search of a vehicle in a public place for evidential material relating to offences imprisonable by 14 years or more.

Question 29

Section 18 relates to the warrantless search associated with arms. If a constable has reasonable grounds to suspect a person is in breach of the arms act 1983, has become physically or mentally incapable of having proper control of arms or may kill or cause bodily injury to any person or under the domestic violence act 1995 has a pso or po against them or grounds to be served against the, what 5 things does this act allow you to do?

Answer 29

Search a person,
Search anything in the persons possessions
Enter a place or vehicle to search
Seize and detain any firearms found
Seize and detain any licence under the arms act 1983 that is found.

Question 30

In what other conditions under Section 18 of the Search and Surveillance Act 2012 can a constable without a warrant enter a place or vehicle and search and seize any arms found or licences found?

Answer 30

If a catergory 3 or 4 offence has, is or about to be committed.

Question 31

What section of the Search and Surveillance Act 2012 allows you to search a place or vehicle without warrant in relation to the misuse of drugs act 1975 offences?

Answer 31

Section 20.

Question 32

To envoke a section 20 search at a place or in a vehicle what must the officer have reasonable grounds to believe?

Answer 32

That is is not practicable to obtain a search warrant,
a controlled drug or a precursor substance is suspected to be in the place or vehilce and believe if a search is not carried out that the evidential material will be damaged, altered, concealed or damaged.

Question 33

What section of the Search and Surveillance Act 2012 allows you to search a person who is found at the place or in a vehicle where a Section 20 search has been envoked?

Answer 33

Section 21 Search and Surveillance Act 2012

Question 34

What power under the Search and Surveillance Act 2012 gives you the power to search a person for a controlled drug or precursor subtance, without warrant if an offence is suspected under the misuse of drugs act 1975 when sections 20/21 do not apply?

Answer 34

Section 22 Search and Surveillance Act 2012.

Question 35

What section under the Search and Surveillance Act 2012 gives you the warrantless power to search a person in a public place if an offence against section 202a (4)(a) of the crimes act 1961 is suspected?

Answer 35

Section 27 Search and Surveillance Act 2012.

Question 36

What does section 202a of the crimes act 1961 relate to?

Answer 36

A person in possession of knives, weapons and disabling subtances. (offensive weapons).

Question 37

What section under the Search and Surveillance Act 2012 gives you the warrantless power to stop and searcha vehicle without warrant if an offence under section 202A is suspected?

Answer 37

Section 28 Search and Surveillance Act 2012.

Question 38

What does section 83 of the Search and Surveillance Act 2012 allow you to do?

Answer 38

Enter a place or vehicle without a warrant after arrest to search for evidential material relating to the offence of arrest.

Question 39

Section 83 of the Search and Surveillance Act 2012 relates to the entering and search of a place for evidential material after arrest that relates to the arrest, what section allows you to enter and search a vehicle in a public place?

Answer 39

Section 84 Search and Surveillance Act 2012.

Question 40

What does section 112 of the Search and Surveillance Act 2012 allow you to do?

Answer 40

Seize items of uncertain status that are found when conducting a search and it is not reasonable practicable to determine the status of that item at that time.

Question 41

What does section 117 of the Search and Surveillance Act 2012 allow you to do?

Answer 41

Enter and secure a place or vehicle if a search warrant application his about to be made or has been made and not yet granted.

Question 42

How long can you hold an address or vehicle under section 117 without a warrant?

Answer 42

6 hours

Question 43

What are the main powers under section 117?

Answer 43

Enter a place/vehicle
Secure the placevehicle
Secure any items found at that place
Direct assistance with entry

Question 44

Under section 121 you can stop a vehicle with or without a warrant for the purposes of a search. What grounds must be satisfied before stopping the vehicle in relation to this section?

Answer 44

That grounds to search the vehicle exist and a warrant has been issued and is enforce.

Question 45

What section of the Search and Surveillance Act 2012 allows you to seize items in plain view and when does this section apply to an officer?

Answer 45

This section applies to an officer who is exercising a search power or is lawfully in any place or in a vehicle or is conducting a lawful search of a person. The section allows officers to seize items in plane view that could have been searched using a search warrant or warrantless power.

Question 46

What does section 46 of the Search and Surveillance Act 2012 relate to?

Answer 46

Restrictions on some trespass surveillance and interception devices.

Question 47

In relation to section 46 when can an officer undertake trespass surveillance or use an interception device?

Answer 47

When obtaining evidential material in relation to an offence punishable by 7 years or more imprisonment.

Question 48

According to section 46 of the Search and Surveillance Act 2012, on what 5 occassions is a surveillance device warrant required?

Answer 48

a. when using an interceoption device to intercept private communication.
b. use of a tracking device
c. observation of private activity in private premises (visually)
d. use of a surveillance device that involves trespass to land or goods.
e. observation of private activity in curtilage of private premises (visually and exceed 3 hours in 24 hours period or 8 hours in total).

Question 49

In relation to section 46(e) what can you do without a surveillance warrant?

Answer 49

Observe private activity without the use of surveillance devices from a public area.
Observe private activity in the curtilage of private premises using a surveillance device for a single investigation or a connected series of investigations for a period that does not excess 3 hours in a 24 hours period or 8 hours in total.

Question 50

Under section 47 of the Search and Surveillance Act 2012 what are some examples of when you do not require a surveillance warrant?

Answer 50

If an officer is lawfully in a private premises and records what they observe or hear manually.
Record audio between 2 or more persons if consent is gained from one of the parties.

Question 51

What does section 48 of the Search and Surveillance Act 2012 relate to?

Answer 51

When a surveillance device warrant is not needed in situations of emergency or urgency.

Question 52

What are the time restrictions in relation to Section 48?

Answer 52

May use a surveillance device for a period not exceeding 48 hour from when device first set up.

Question 53

What are some examples of what the electronic crime lab do? (ECL)

Answer 53

Evidentially preserve data, forensically examine data, capture and download electronic data, provide advise.

Question 54

What are some examples of what the National cybercrime centre do? (NC3)

Answer 54

Assist with internet related investigations

examine/determind the source of emails, help to located online evidence, investigate computer crime offences.

Question 55

What are the 4 main things to do in relation to the preservation and recovery process in relation to cybercrime?

Answer 55

Freeze the scene, locate and secure the evidence, document action taken, protect perishable data, physically and electronically.

Question 56

In relation to stand alone computers in relation to cyber crime what are some things to remember?

Answer 56

Isolate them from telephone lines
Check if its on
Don't turn it off or on
Photograph
Pull out power plug.
Sketch diagrams
Collect removable storage
Obtain log ins.

Question 57

In relation to cellphones in relation to cyber crime what are some things to remember?

Answer 57

Leave how you found it - on or off.
If needing examination by ECL within a short time turn on to aeroplane mode.
If needing examination by ECL within a long time turn off after photographin.
Don’t answer calls.
Collect PUK codes etc.
Assess seriousness and info sought.

Question 58

What section of the Search and Surveillance Act 2012 allows you to request a person to reveal their passwords to acess devices?

Answer 58

Section 130.