Summary of Electronic Operations Flashcards
1
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Summary of Electronic Operations
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- Legislation concerning interception devices include the:
- granting and renewal of surveillance device warrants
- powers authorised by the warrant
- admissibility of evidence gained from interception devices
- security of information given in the application and in the resultant tapes
- follow-up reporting.
- In applying for a surveillance device warrant, you must convince the Judge you have reasonable grounds—
i. to suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any enactment specified in column 2 of the Schedule authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence; and
ii. to believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence; and
iii. the restrictions in section 45 do not prevent the issuing of a surveillance device warrant in the circumstances - Warrants are granted for a specified period of time up to 60 days. The Judge may issue further surveillance device warrants.in respect of the same suspected offence.
- Irrelevant information gained by the interception of private communications must be destroyed as soon as practicable. The Commissioner of Police is responsible for ensuring that all relevant information is destroyed as soon as it appears that no proceedings or further proceedings will be taken regarding the information.
- In electronic operations, you must consider:
- logistical support
- analysis of evidence
- CHIS protection
- implications of disclosure and legal grounds for withholding.
Telephone analysis is a critical investigative tool in any enquiry. Call associated data can be obtained via section 6 search warrants for historical data. Surveillance device warrants can be issued for information on a continuing basis.
Text messages are stored by TSP’s who have the ability to ‘trap’ or ‘pre load’ message content to allow time for the information to be obtained via section 6 production orders. O/C Telephones must establish processes in the first 24 hours of any operation
