Search & Surveillance Flashcards
What is ‘curtilage’?
Legal term - used to defined land immediately surrounding house or dwelling, including closely associated buildings/structures, excluding ‘open fields beyond’
What are the three types of surveillance devices?
- Interception device (usually sound)
- Tracking device
- Visual surveillance device
What is trespass surveillance?
Surveillance that involves trespass to land/goods
When is a warrantless power used instead of a SW?
Exceptional circumstances when public interest in prompt police action outweighs personal privacy interests - where there is urgency as those suspected of offending could either flee arrest, conceal/destroy evidence or there is risk to life/safety
What is the difference between RGTS and RGTB?
RGTS - the proposition is inherently likely
RGTB - there must be the view that the state of affairs in question actually exists
What is the threshold when entering a property under a s7 search?
RGTS a person is unlawfully at large AND
RGTB the person is in that place
Entry and search power
What is the threshold when entering a property under a s8 search?
RGTS the person has committed an imprisonable offence AND
RGTB the person is there AND
If entry delayed, RGTB the person will leave to avoid arrest AND/OR evidence relating to the offence will be CADD
What is the threshold for stopping a vehicle under s9?
RGTS a person in unlawfully at large OR has committed an imprisonable offence AND
RGTB the person is in the vehicle
You may stop the vehicle for the purpose of arresting the person
What does s10 allow police to do after a vehicle has been stopped under s9?
- Require name, address and DOB from persons inside the car if you have RGTS they are unlawfully at large/committed imprisonable offence
- Search vehicle to locate person
- Search vehicle for evidential material in relation to offence IF person referred to in s9 has been arrested or is seen fleeing from the vehicle before they can be arrested
Note - must advise driver the object of proposed search (if driver not target)
What is the threshold for a s15 search?
RGTS certain offence has been committed/is being committed/about to be committed (14+ years) AND
RGTB evidential material relating to that offence is in a place AND
RGTB if entry is delayed, evidence will be CADD
What does a s16 search allow and in what circumstances?
Allows a constable to search a person in a public place IF
The constable has RGTB the person is in possession of evidential material relating to certain offences (14+ years)
Note - person does not have to be offender, just in possession of material
What does a s17 search allow and in what circumstances?
Allows a constable to enter and search a vehicle in a public place IF
The constable has RGTB evidential material relating to certain offence (14+ years) is in or on the vehicle
What is the section and threshold for searching a property/person/vehicle when firearms are involved?
s18
RGTS person has arms and is in breach of Arms Act or incapable of having control/may kill or cause injury (mental health) or protection order in force/there are grounds for protection order
What does s20 allow?
Warrantless search of places/vehicles in relation to some MODA 1975 offences
Threshold:
RGTB drugs in vehicle/place (note - does not include all drugs - laid out in SASA)
RGTS offence against MODA committed/about to be committed
RGTB if entry/search delayed, evidence will be CADD
What does s21 allow?
Searching persons found in/on place/vehicle being searched under s20
