Surveillance Flashcards
What is surveillance?
Planned and directed activity. Open or covert. For the purposes of:
- observing and recording people places things
- tracking the location of people or thing
- intercepting private communication
What is a surveillance device?
Device that assists and enhances normal capabilities to carry out surveillance.
Includes:
- visual surveillance device
- interception device
- tracking device
What is a visual surveillance device?
a) any means of electronic, mechanical, electromagnetic, optical, apparatus, equipment or other device used to observe, observe and record, a private activity
Does not include glasses contact lenses
s46?
Activities for which a surveillance device warrant required
- observation of private activity in private premises and any recording of that observation by means of a basil surveillance device
- use of a surveillance device that involves trespass
- when you exceed time limitations when surveillance activity within a curtilage
- use an interception device to intercept communications
- use of a tracking device
Exceptions to the requirement to obtaining a surveillance device warrant?
Situation of emergency or urgency
Activities that do not require a warrant
Private premises definition
Private darling house, Marae, other premises that are not within the definition of non private premises
Non private premises definition
Premise or part of a premise that members of the public are frequently permitted to have access
Private activity definition
A participant in a private activity can reasonably expect an activity to be private if carried out in a private premises
Private communication definition
A communication (oral, written, telecommunication or otherwise) made under circumstances that any party to the communication desires it to be private.
Does not include circumstances in which any party to the communication ought to reasonably expect it may be intercepted
Trespass surveillance means?
Surveillance that involves trespass into land or goods
Restrictions on use of surveillance devices
Visual surveillance device warrants will only be authorised for serious offences
Any warrant for interception devices will only be authorised for serious offences
A serious offence punishable by 7yrs imprisonment or more
Curtilage definition
Land immediately surrounding a house or dwelling including any closely associated structures but excluding any open fields beyond
Where a homeowner can have a reasonable expectation of privacy
Does not require a warrant. Restricted to time limitations
Curtilage time limitations:
Requires a warrant if observations and recordings for a single activity exceed:
3 hrs in any total 24 hrs period
Or
8hrs in total
Interception device definition
Any electronic mechanical electromagnetic or optical apparatus or instrument that is capable of or used to intercept or record private communication
Does not including hearing aide
Three instances where the use of an interception device will be allowed:
Offences punishable by 7yrs imprisonments or more
Identified arms act 1983 offences
Identified psychoactive substances act 2013 offences
Voluntary oral communication
s47.
At least one party gives consent for the communication to be recorded
No requirement to obtain surveillance device warrant
What is a tracking device?
A device that may be used to help ascertain by electronic or other means:
Location of a thing or person
Whether that thing has been opened tampered with it in some other way dealt with
Does not include a vehicle or means of transport
When can you use a tracking device?
To obtain evidential material for an offence punishable by 7yrs imprisonments
And have a surveillance device warrant
s48?
Situation of emergency or urgency, surveillance device warrant need not be obtained.
Two key ingredients for a situation ti be recognised as urgent or emergency?
1) “entitled to apply” - you would be entitled to apply to apply for a surveillance device warrant
2) ”impracticable in the circumstances “ not immediately practising to obtain a surveillance device warrant
For situations of urgency or emergency, what does the suspected offence need to consist of?
Be punishable by 14yrs imprisonment
An arms act offence
A drug offence
Or the situation is likely to cause injury/ damage, preventing risk risk to like or safety
Limitations on use of surveillance device without warrant:
Warrantless use of surveillance device is for time period not exceeding 48hojrs
Application for warrant must still be made if surveillance continuing beyond period on which is it practicable to obtain warrant
Who can approve the use of an interception device in an emergency situation?
Detective Inspector. Unless:
- immediacy if situation does not allow time for approval
- statutory criteria is met
- an opportunity arises to o rain evidential material that will be lost
s60?
Requirement to report on emergency use of surveillance device.
Must provide a notification to a judge within 1 month after the date of the last day of any period of 48hours or less over which the surveillance device was used.
Period of use of surveillance device:
Surveillance device warrant issued for period of no more than 60 days.
No warrant renewal procedure.
A new application/warrant must be sought.
