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Snr Sgts CPK: Chapter 4 > Search & Surveillance > Flashcards

Search & Surveillance Flashcards

1
Q

What is the definition of:

Reasonable grounds to believe?

A

sound basis for believing that a situation or circumstance ACTUALLY exists.

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2
Q

What is the definition of:

Reasonable grounds to suspect?

A

sound basis for suspecting that a situation or circumstance is LIKELY to exists.

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3
Q

Describe the 3 main point of:

Evidential Material (in relation to an offence)

A
  • evidence of the offence
  • any item (tangible or intangible)
  • relevant to investigation
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4
Q

What is a tracking device?

(3 points)

A

Device (electronic or other) to help:

  • locate thing or perons
  • whether a thing has been tampered/opened/dealt with

(does not include any vehicle)

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5
Q

What is an Interception device?

A

Device capable of intercepting/record a private communication:

(does not include hearing aid)

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6
Q

What is an Visual Surveillance device?

(3 points)

A

Device capable of observing/recording a private activity:

(does not include specs/glasses)

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7
Q

What are the two types of searches that can be conducted immediately following arrest?

A
  • Rubdown s.85-87
  • Warrantless Search s.88
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8
Q

What is the primary purpose of a s.11 search of people in police custody and who should conduct the search?

A
  • protect person’s property and remove items that they might harm themselves with.
  • custodial or watchhouse employees
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9
Q

Custody Search (s.11 SSA2012)

Where can a warrantless search of a person taken into custody take place?

(3 points)

A
  • Police Station
  • Police Vehicle/Premises (police purpose)
  • Locked up (pending bail decision)
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10
Q

Custody Search (s.11 SSA2012)

When can you conduct a search of a person after they have been locked up?

(4 points)

A
  • 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
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11
Q

What are the ground for applying for a search warrant?

A
  • 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
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12
Q

What must an issuing Officer be satisfied of in relation to you having RG to:

Suspect……(3 points)

A

Suspect:

  • offence specified
  • Imprisionable
  • is being/will be/has been: committed
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13
Q

What must an issuing Officer be satisfied of in relation to you having RG to:

Believe……(3 points)

A

Suspect:

  • Search will locate evidential material
  • related to offence
  • in/on place, vehicle, thing
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14
Q

What does a search warrant authorise you to do?

(4 points)

A
  • Enter and search
  • any Place, vehicle, thing
  • evidential material
  • relavent to an imprisonable offence
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15
Q

An issuing officer may allow a search warrant application to be given orally (telephone/in person) if:

(3 points)

A
  • 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

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16
Q

An issuing officer may allow a written search warrant application without a personal appearance or oral communication if:

(3 points)

A
  • properly determined by written communication
  • all information supplied
  • no questions or further info needed
17
Q

What must the issuing officer not require the applicant to disclose?:

(1 points)

May ask questions when wanting to assess:

(2 points)

A
  • name, address, identifying details of Informant

wanting to assess:

  • credibility of informant
  • proper basis for issuing warrant
18
Q

When search warrant is pending what are your powers under s117? (3)

A
  • enter and secure place/vehicle/thing
  • secure items
  • direct person to assist
19
Q

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)

A
  • 6 hours after first exercised
  • warrant is made available
  • warrant is refused
20
Q

When applying for a search warrant you must list the details of any previous applications for the last __ _____ and _______ of that/those application(s)

A

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)

21
Q

When do you not need a surveillance device warrant?

(3 points)

A
  • record see/hear lawfully on pp no S device.
  • covert audio recording betwn 2 persons 1 consent
  • using device authorised by another act
22
Q
A

Snr Sgts CPK: Chapter 4 (2 decks)

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