Search & Surveillance Flashcards
What is the definition of:
Reasonable grounds to believe?
sound basis for believing that a situation or circumstance ACTUALLY exists.
What is the definition of:
Reasonable grounds to suspect?
sound basis for suspecting that a situation or circumstance is LIKELY to exists.
Describe the 3 main point of:
Evidential Material (in relation to an offence)
- evidence of the offence
- any item (tangible or intangible)
- relevant to investigation
What is a tracking device?
(3 points)
Device (electronic or other) to help:
- locate thing or perons
- whether a thing has been tampered/opened/dealt with
(does not include any vehicle)
What is an Interception device?
Device capable of intercepting/record a private communication:
(does not include hearing aid)
What is an Visual Surveillance device?
(3 points)
Device capable of observing/recording a private activity:
(does not include specs/glasses)
What are the two types of searches that can be conducted immediately following arrest?
- Rubdown s.85-87
- Warrantless Search s.88
What is the primary purpose of a s.11 search of people in police custody and who should conduct the search?
- protect person’s property and remove items that they might harm themselves with.
- custodial or watchhouse employees
Custody Search (s.11 SSA2012)
Where can a warrantless search of a person taken into custody take place?
(3 points)
- Police Station
- Police Vehicle/Premises (police purpose)
- Locked up (pending bail decision)
Custody Search (s.11 SSA2012)
When can you conduct a search of a person after they have been locked up?
(4 points)
- not searched before
- suspect close to person not locked up
- suspect close to person locked up not searched
- RG person may have anything/cause harm
What are the ground for applying for a search warrant?
- RG2S offence punishable by imprisonment
- being/about to/has been committed
- RG2B search will locate evidential material related to offence
- in place vehicle or thing
What must an issuing Officer be satisfied of in relation to you having RG to:
Suspect……(3 points)
Suspect:
- offence specified
- Imprisionable
- is being/will be/has been: committed
What must an issuing Officer be satisfied of in relation to you having RG to:
Believe……(3 points)
Suspect:
- Search will locate evidential material
- related to offence
- in/on place, vehicle, thing
What does a search warrant authorise you to do?
(4 points)
- Enter and search
- any Place, vehicle, thing
- evidential material
- relavent to an imprisonable offence
An issuing officer may allow a search warrant application to be given orally (telephone/in person) if:
(3 points)
- delay would compromise search
- properly determined by oral comms
- all info supplied to issuing officer
Note: Must be back captured in S&S system withing 24 hours
An issuing officer may allow a written search warrant application without a personal appearance or oral communication if:
(3 points)
- properly determined by written communication
- all information supplied
- no questions or further info needed
What must the issuing officer not require the applicant to disclose?:
(1 points)
May ask questions when wanting to assess:
(2 points)
- name, address, identifying details of Informant
wanting to assess:
- credibility of informant
- proper basis for issuing warrant
When search warrant is pending what are your powers under s117? (3)
- enter and secure place/vehicle/thing
- secure items
- direct person to assist
The power to enter a place and securing items (because they may be destroyed) prior to a search warrant being granted, can only be use up until the first of the following occur?
(3 things)
- 6 hours after first exercised
- warrant is made available
- warrant is refused
When applying for a search warrant you must list the details of any previous applications for the last __ _____ and _______ of that/those application(s)
When applying for a search warrant you must list the details of any previous applications for the last 3 months and results of that/those application(s)
(results must be recorded online)
When do you not need a surveillance device warrant?
(3 points)
- record see/hear lawfully on pp no S device.
- covert audio recording betwn 2 persons 1 consent
- using device authorised by another act
