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 main point of:
Evidential Material (in relation to an offence)
- evidence of the offence
- any item (tangible or in tangible)
- relevant
What is a surveillance device?
(3 points)
- interception device
- tracking device
- visual device
Custody Search (s.11 SSA2012)
Where can a warrantless search of a person taken into custody take place?
(3 points)
- police vehicle (police purpose)
- Police station
- Other premises (police purpose)
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
Custody Search (s.11 SSA2012)
What are your obligations (under s.125) when about to search a person pursuent to s.11?
(3 points)
- ID (evidence if no uniform)
- State Act and reason
- not required if s.11(3) search
Who may issue a search warrant? (Issuing Officer)
(4 points)
- High/District Crt Judge
- JP
- Community Magistrate
- Registrar
What must an issuing Officer be satisfied of in relation to you having RG to:
Suspect……(3 points)
Suspect:
- offence specified
- Punishable by imprisionment
- wil be/has been: committed(ing)
What must an issuing Officer be satisfied of in relation to you having RG to:
Believe……(3 points)
Suspect:
- will locate evidential material
- related to offence
- in/on place, vehicle, thing
What does a search warrant authorise you to do?
(5 points)
- Enter and search
- Place, vehicle, thing
- evidential material
- relavent to an offence
- punishable by imprisonment
An issuing officer may allow a search warrant application to be given orally (telephone/in person) if:
(2 points)
- delay would compromise search
- provides required information
An issuing officer may allow a written search warrant application without a personal appearance or oral communication if:
(3 points)
- issued on basis of written communication
- all information supplied
- no questions or further info needed
What are your obligations to the occupiers when executing a search warrant?
- ID self (evidence if no uniform)
- State intention to enter & search
- copy of warrant
- inventory of seized items
What two things must a search warrant application NOT contain?
- name/information to identify informant
- statement applicant knows to be false
How long can you apply for a search warrant period to last?
14 days normally but can be applied for up to 30 days where necessary.
A search warrant application must contain or be accompanied by a statement from the applicant confirming the _____ and _________ of the _______.
A search warrant application must contain or be accompanied by a statement from the applicant confirming the truth and accuracy of the contents.
What must the issuing officer not require the applicant to disclose?:
(1 points)
unless wanting to assess:
(2 points)
- name, address, identifying details of Informant
unless wanting to assess:
- credibility of informant
- proper basis for issuing warrant
Powers where search warrant pending
(s.117 SSA2012)
When can you use this section?
(2 points)
- before application granted/refused
- RG that evidence CADD/R before warrant executed
Powers where search warrant pending
(s.117 SSA2012)
What does this section allow you to do?
(3 points)
- Enter and secure place/vehicle/thing
- secure items found
- direct person to assist with above
Powers where search warrant pending
(s. 117 SSA2012)
s. 117 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
Powers where search warrant pending
(s.117 SSA2012)
For the purposes of s.117 what does ‘secure’ mean?
(3 things)
- 6 hours after first exercised
- warrant is made available
- warrant is refused
Special powers of entry to execute vehicle search warrant
(s.127 SSA2012)
What does s.127 allow you to do?
(4 points)
- enter any place
- RG that vehcile is in location
- locate vehicle
- move if required (search/safekeeping)
(only used to enter & locate vehicle)
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)
If required by the issuing officer, you MUST complete a search warrant reporting detailing:
(4 points)
- weather executed
- evidential material seized (specified/s.123/partial seized)
- any powers excercised
- criminal proceedings (brought/considered)
A surveillance device warrant allows you to obtain evidence about a suspected offence if you have _________ ________ to:
- suspect an _________ has/is/will be _________
- believe using a surveillance device will obtain __________ ________ in ________ of the _______.
A surveillance device warrant allows you to obtain evidence about a suspected offence if you have reasonable grounds to:
- suspect an offence has/is/will be committed
- believe using a surveillance device will obtain evidential material in respect of the offence.
When is a surveillance warrant required?
(5 points)
Clue: comms/thing/house/curtilage/trespass
- intercept private comms
- tracking device (handled/no trasspass)
- Visual S device: observe/record private activity/private premises
- Visual S device for private activity in curtilage of private premises(>3hrs/24hrs or 8hrs total)
- Trespass to use S device
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
What emergency/urgent situations may not require a surveillance device warrant? (s.48)
- offence (>14 yrs)
- offence (safety/injury/life/property)
- carry/poss firearm (breach Arms Act/incapable/Domestic Violence Act)
- Cat 3/4 Arms Act offence
- MODA offences against shedules/parts
- Possession (cntrl drug/pre sub/customs package/import evidence)
