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SSK SNS > Search And Surveillance part 1 > Flashcards

Search And Surveillance part 1 Flashcards

1
Q

Section 5- purpose of the act

MPI

A

Facilitate the monitoring of compliance within the law, consistent with human rights by:
M- modernising search, seizure and surveillance, into account technology advances
P- provide rules, important of rights and entitlements
I- investigative tools are effective and adequate.

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2
Q

How to comply with objectives and obligations
5 points
LARLIDS

A

LARLIDS

  • ensure lawful authority
  • conduct risk assessments
  • seize lawful and entitled
  • announcement and ID
  • satisfy requirements within act.
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3
Q

RGTB v RGTS

A

Believe- sound basis for suspecting situation/circumstances exist

Suspect- sounds basis for suspecting situation/circumstances exist

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4
Q

When reasonable grounds are formed you must

A

Record in notebook (decision log)
May be require to
report decision
Justify in court

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5
Q

What is a lawful search

A

Warrant
Warrantless
Consent

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6
Q

Reasonable search

A 
Complies S21 BOR 
Considers
Nature
Intrusiveness 
Where and When
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7
Q

Considerations for practicality for search
5 points

TSREL

A

TS REL

  • time to gain approval and apply warrant
  • can scene be secured 117
  • are reasonable resources available to minimise risk, ensure safety
  • evidential material at risk
  • location of search and who’s present

Record in decision log

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8
Q

Why use a search warrants

J P R

A

3 points J P R

  1. Ensures judicial oversight
  2. Provides protection for police and public
  3. Required recording and reporting
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9
Q

Search by consent
Before searching you must determine
4 points

PIPP

A 
PIPP
Prevent commission of offence
Investigate if offence occurred
Protect life or property
Prevent injury or harm.
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10
Q

What to advise for consent

A

Reason for search
May consent or refuse.
Withdraw consent any time.

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11
Q

Evidential Material

A

Evidence of an offence, or any other thing.
Tangible or intangible
Relevant to investigation

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12
Q

Tangible v Intangible

CADD

A

Touch v can’t touch

CONCEAL ALTER DAMAGE DESTROY

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13
Q

Section 131 - obligations
Identification, intention, reason and notice
INDAR

A 
Identification INDAR
ID
Intention to search
Act
Notice 
Right

Reason- must state reason

Notice- provide copy of warrant, warrantless notice or RAIN, inventory.

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14
Q

Section 131 - obligations

Exceptions

A

RGTB no one is present or

  • endanger persons safety
  • prejudice to success of search power and entry
  • prejudice to on-going investigation
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15
Q

Section 110
Authorises you to:
11 points
ESS FADE CCP

A
  • enter and search
  • search and item
  • reasonable force on property
  • seize anything
  • request assistance
  • use any equipment
  • law enforcement dog/handler
  • copy documents
  • access computers
  • copy intangible material
  • photographs
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16
Q

Section 116-

A

Secure PVT, or area

Exclude person
Give reasonable direction

17
Q

Section 118- detention

A

Detain person to determine connection to object of search

If someone arrives, you can
Exclude (116), detain(118), search person (119)

18
Q

Section 119

A

Search person in place or vehicle if RGTB evidential material.
Or RGTS dangerous item, poses threat to safety. Immediate action required

19
Q

Section 120

A

Fresh pursuit, RGTB EM on person,
Enter
Apprehend
Search- person or vehicle

20
Q

Section 121

A

Stop vehicle for search

21
Q

Section 122

A

Moving vehicle for search/ safe keeping

22
Q

Section 123

A

Seizure of items in plain view if RGTB you can seize under other power

23
Q

Section 112

A

You may remove item if unsure of lawful seizure, can’t determine you can
Remove for examination to determine you can seize lawfully.

Must be within scope of original search.

If you are:
Exercising power
Lawful search or person
Lawfully in place or vehicle

24
Q

Section 125

A

Search and seize item worn, carried, possessed or immediate control of person

Decency and sensitivity

Privacy and Dignity

25
Q

Section 127

A

Enter place to locate vehicle to execute warrant

26
Q

Privileged Material

A

Allows holder of particular info to refuse to disclose

No privilege applies if info made, received, complied or prepared for dishonest purpose, enable, aid offending

27
Q

Recognised Privileged Material
6 points
LMP is jolly IJ

A
  • legal advisers
  • ministers of religion
  • medical practitioners
  • clinical psychologists
  • informers (informants)
  • journalists
28
Q

Practical Procedures for Privilege Material

A

Ensure person or representative is present when search undertaken

Give reasonable opportunity to claim privilege.

Person must provide list of docs claimed as PM

Pol 268 all docs seized, allow person to check accuracy, leave a copy

Person can make copies first, and object to seizure

If searching, RGTB anything discovered may be privileged, must provide opportunity to claim privilege.

If excepting claim of PM, secure thing, don’t continue search and examination.

Shouldn’t undertake investigations in reliance on it unless no claim of privilege is made, or is withdrawn, or search is south in accordance with direction of court determining the claim of privilege.
Okay

SSK SNS (3 decks)

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