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CPK Carts : Chap 4 S&S BOR > 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 main point of:

Evidential Material (in relation to an offence)

A
  • evidence of the offence
  • any item (tangible or in tangible)
  • relevant
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4
Q

What is a surveillance device?

(3 points)

A
  • interception device
  • tracking device
  • visual device
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5
Q

Custody Search (s.11 SSA2012)

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

(3 points)

A
  • police vehicle (police purpose)
  • Police station
  • Other premises (police purpose)
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6
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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7
Q

Custody Search (s.11 SSA2012)

What are your obligations (under s.125) when about to search a person pursuent to s.11?

(3 points)

A
  • ID (evidence if no uniform)
  • State Act and reason
  • not required if s.11(3) search
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8
Q

Who may issue a search warrant? (Issuing Officer)

(4 points)

A
  • High/District Crt Judge
  • JP
  • Community Magistrate
  • Registrar
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9
Q

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

Suspect……(3 points)

A

Suspect:

  • offence specified
  • Punishable by imprisionment
  • wil be/has been: committed(ing)
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10
Q

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

Believe……(3 points)

A

Suspect:

  • will locate evidential material
  • related to offence
  • in/on place, vehicle, thing
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11
Q

What does a search warrant authorise you to do?

(5 points)

A
  • Enter and search
  • Place, vehicle, thing
  • evidential material
  • relavent to an offence
  • punishable by imprisonment
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12
Q

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

(2 points)

A
  • delay would compromise search
  • provides required information
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13
Q

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

(3 points)

A
  • issued on basis of written communication
  • all information supplied
  • no questions or further info needed
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14
Q

What are your obligations to the occupiers when executing a search warrant?

A
  • ID self (evidence if no uniform)
  • State intention to enter & search
  • copy of warrant
  • inventory of seized items
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15
Q

What two things must a search warrant application NOT contain?

A
  • name/information to identify informant
  • statement applicant knows to be false
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16
Q

How long can you apply for a search warrant period to last?

A

14 days normally but can be applied for up to 30 days where necessary.

17
Q

A search warrant application must contain or be accompanied by a statement from the applicant confirming the _____ and _________ of the _______.

A

A search warrant application must contain or be accompanied by a statement from the applicant confirming the truth and accuracy of the contents.

18
Q

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

(1 points)

unless wanting to assess:

(2 points)

A
  • name, address, identifying details of Informant

unless wanting to assess:

  • credibility of informant
  • proper basis for issuing warrant
19
Q

Powers where search warrant pending

(s.117 SSA2012)

When can you use this section?

(2 points)

A
  • before application granted/refused
  • RG that evidence CADD/R before warrant executed
20
Q

Powers where search warrant pending

(s.117 SSA2012)

What does this section allow you to do?

(3 points)

A
  • Enter and secure place/vehicle/thing
  • secure items found
  • direct person to assist with above
21
Q

Powers where search warrant pending

(s. 117 SSA2012)
s. 117 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
22
Q

Powers where search warrant pending

(s.117 SSA2012)

For the purposes of s.117 what does ‘secure’ mean?

(3 things)

A
  • 6 hours after first exercised
  • warrant is made available
  • warrant is refused
23
Q

Special powers of entry to execute vehicle search warrant

(s.127 SSA2012)

What does s.127 allow you to do?

(4 points)

A
  • enter any place
  • RG that vehcile is in location
  • locate vehicle
  • move if required (search/safekeeping)

(only used to enter & locate vehicle)

24
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)

25
Q

If required by the issuing officer, you MUST complete a search warrant reporting detailing:

(4 points)

A
  • weather executed
  • evidential material seized (specified/s.123/partial seized)
  • any powers excercised
  • criminal proceedings (brought/considered)
26
Q

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

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.
27
Q

When is a surveillance warrant required?

(5 points)

Clue: comms/thing/house/curtilage/trespass

A
  • 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
28
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
29
Q

What emergency/urgent situations may not require a surveillance device warrant? (s.48)

A
  • 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)

CPK Carts : Chap 4 S&S BOR (1 decks)

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