SSA

Question 1

Curtilage

Answer 1

• the land immediately surrounding a house, including associated buildings, excluding open fields beyond.
• the boundary in which a home owner can have a reasonable expectation of privacy, where common daily activities take place.

Question 2

Visual surveillance device (VSD - visual)

Answer 2

Electronic, mechanical, electromagnetic, optical, electro-optical instrument capable of observing and/or recording a private activity.
Does not include spectacles or contact lenses.

Question 3

Interception device (ID - hearing)

Answer 3

electronic, mechanical, electromagnetic, optical or electro-optical instrument capable of being used to intercept/record private communication.
Excludes hearing aids

Question 4

Tracking Device (TD)

Answer 4

A device that can help ascertain by electronic or other means, the location of a person/thing, or whether a thing has been opened or tampered or dealt with.
Does not include a vehicle, boat or helicopter.

Question 5

S46 SSA - Surveillance Device Warrant Requirement

Answer 5

s46(1) Need a surveillance device warrant for:

a) - use of an ID to intercept PRIVATE COMMUNICATION
b) - use of a TD (unless doing it to ascertain if property on own land (no trespassing) has been opened/tampered with)
c) - observation/Visual recording of private activity in private premises
d) - use of any Surveillance Device that requires trespass on land/trespass to goods

e) - observation/visual recording of private activity in curtilage of private premise if it is longer than:
i) 3 hours in a 24 hour period
ii) 8 hours total

Question 6

s47 SSA - Activities that don’t require a SDW

Answer 6

s47(1) - No warrant required if:
a) Officer lawfully in a private premise AND only records what observes without a surveillance device
b) covert audio recordings between two people if one person consents

Question 7

s48 SSA - Emergency recording powers

NOT IN EXAM but good to know

Answer 7

s48(1) - No warrant needed if could apply for warrant but it is impracticable to do so AND
2)(a) - Officer has RGS an offence punishable by 14+ years prison has been/is being/is about to be committed, AND the use of the SD would obtain EM in relation to the offence

Question 8

s15 SSA - Entry & Search Powers - 14+ years

Answer 8

s15(1) - A constable may enter and search a place without a warrant if
(a) - RGS offence punishable by 14+ years imprisonment has been/is being/is about to be committed AND
(b) - RGB (very high standard) EM is in that place AND
(c) - if entry delayed, EM will be CADD.

Question 9

s16 SSA - Person Search Powers - 14+ years

Answer 9

s16 - A constable may search person without warrant in a public place if RGB person in possession of EM relating to a 14+ year offence.

Question 10

s17 SSA - Vehicle Search Powers - 14+ years

Answer 10

s17 - A constable may without warrant enter + search a vehicle in a public place if RGB EM relating to 14+ offence is in or on the vehicle.