Search And Surveillance part 1 Flashcards
Section 5- purpose of the act
MPI
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.
How to comply with objectives and obligations
5 points
LARLIDS
LARLIDS
- ensure lawful authority
- conduct risk assessments
- seize lawful and entitled
- announcement and ID
- satisfy requirements within act.
RGTB v RGTS
Believe- sound basis for suspecting situation/circumstances exist
Suspect- sounds basis for suspecting situation/circumstances exist
When reasonable grounds are formed you must
Record in notebook (decision log)
May be require to
report decision
Justify in court
What is a lawful search
Warrant
Warrantless
Consent
Reasonable search
Complies S21 BOR Considers Nature Intrusiveness Where and When
Considerations for practicality for search
5 points
TSREL
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
Why use a search warrants
J P R
3 points J P R
- Ensures judicial oversight
- Provides protection for police and public
- Required recording and reporting
Search by consent
Before searching you must determine
4 points
PIPP
PIPP Prevent commission of offence Investigate if offence occurred Protect life or property Prevent injury or harm.
What to advise for consent
Reason for search
May consent or refuse.
Withdraw consent any time.
Evidential Material
Evidence of an offence, or any other thing.
Tangible or intangible
Relevant to investigation
Tangible v Intangible
CADD
Touch v can’t touch
CONCEAL ALTER DAMAGE DESTROY
Section 131 - obligations
Identification, intention, reason and notice
INDAR
Identification INDAR ID Intention to search Act Notice Right
Reason- must state reason
Notice- provide copy of warrant, warrantless notice or RAIN, inventory.
Section 131 - obligations
Exceptions
RGTB no one is present or
- endanger persons safety
- prejudice to success of search power and entry
- prejudice to on-going investigation
Section 110
Authorises you to:
11 points
ESS FADE CCP
- 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
Section 116-
Secure PVT, or area
Exclude person
Give reasonable direction
Section 118- detention
Detain person to determine connection to object of search
If someone arrives, you can
Exclude (116), detain(118), search person (119)
Section 119
Search person in place or vehicle if RGTB evidential material.
Or RGTS dangerous item, poses threat to safety. Immediate action required
Section 120
Fresh pursuit, RGTB EM on person,
Enter
Apprehend
Search- person or vehicle
Section 121
Stop vehicle for search
Section 122
Moving vehicle for search/ safe keeping
Section 123
Seizure of items in plain view if RGTB you can seize under other power
Section 112
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
Section 125
Search and seize item worn, carried, possessed or immediate control of person
Decency and sensitivity
Privacy and Dignity
Section 127
Enter place to locate vehicle to execute warrant
Privileged Material
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
Recognised Privileged Material
6 points
LMP is jolly IJ
- legal advisers
- ministers of religion
- medical practitioners
- clinical psychologists
- informers (informants)
- journalists
Practical Procedures for Privilege Material
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
