SURVEILLANCE

Question 1

What is surveillance ?

Answer 1

• Police surveillance is PLANNED and DIRECTED activity, either open or covert and for the purpose of;
• Observing and any recording of that observation of people, vehicles, place and things
• Ascertaining (tracking) the location of a thing or person or whether a thing has been interfered or tampered with
• Intercepting private communication

Question 2

What is lawfully surveillance ?

Answer 2

Police lawfully enter private premises.
You can carry out lawfully surveillance with your unaided observation unaided sense of hearing unaided sense of smell.

You can also record by way of audio or visual device, providing device does not enhance your ability

Question 3

When Police are carrying out lawful search they can carry out lawful surveillance by ?

Answer 3

• Unaided observation
• Unaided sense of hearing
• Unaided sense of smell

Question 4

The S&S regulated only those surveillance activities undertaken by means of a device. It’s establish clear boundaries for the lawful use of surveillance device ?

Answer 4

• Where trespass is involved
• Where trespass is not involved
• Where warrantless powers exits

Question 5

Any surveillance work (with or without a 4X) is inherently risky, these risk must be ?

Answer 5

• Identified
• Assessed
• Considered in planing before surveillance

Question 6

A device which assists and enhances your normal capabilities to carry out the surveillance may be one of the following;

Answer 6

Visual Surveillance Device
Tracking Device
Intercepting Device

Question 7

There are exceptions that apply to the requirement to obtain a surveillance device warrant for the use of a visual surveillance device.

These exceptions are ?

Answer 7

• Situations if emergency or urgency (must still be reported on online system) and
• Activities that do not require a warrant

Question 8

Where surveillance with a surveillance devices is concerned, this S&S restricts surveillances activity in places an individual ‘ought reasonably to expect’ are private ?

Answer 8

• Places include land (private ownership) and any private premises on land and ‘goods’
• Goods - Chattels and include vehicles and other tangible belongings

Question 9

Define private premises ?

Answer 9

• Private dwellings house, a marae and any other premises that are not within the definition of non-private premises

Question 10

Define non private premises ?

Answer 10

• Premises of part of a premises, to which members of public are frequently, permitted to access, any part of a hospital, bus station, railway station, airport or shop
• Areas considered private are - Hospitals (theatres, consulting rooms) railway station (office area, staff meal room)

Question 11

Define private activity ?

Answer 11

• Means activity that in the circumstances, any 1 or more of the participant in it ought reasonably to expect is observed or recorded by no one expect the participant

Question 12

You expect your participation in the following activities to be private ?

Answer 12

• Sleeping in hotel room
• Planting garden in your back yard
• Trying clothes in a changing room

Question 13

Define private communication ?

Answer 13

• A communication (oral, written or tele.. form or other wise) made under the circumstances they may be reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication BUT
• Does not include of that kind occurring in circumstances in which any party of the communication ought reasonably to expect it may be intercepted by another person without express or implied consent

Question 14

Trespass surveillance means ?

Answer 14

• Surveillance that involves trespass onto land or trespass to goods.
• Trespass surveillance occurs the moment an enforcement officer steps onto the private property without consent.
• You are trespassing if you don’t have consent

Question 15

Restriction on use of surveillance devices ?

Answer 15

• Only authorised for obtaining EM for serious offences
• Serious offence is an offence punishable by 7 years imprisonment or
• Section 46 - activities for which surveillance device warrant required - use of surveillance device that involves trespass onto private property

Question 16

What is curtilage ?

Answer 16

• The land immediate surrounding a house or dwelling, including any associated buildings and structures, but excluding any associated ‘open fields beyond’
• The boundary within which a home owner can have a reasonable expectation of privacy and where ‘common daily activities’ take place
• The curtilage of a suburban house is likely to clearly defined by a fence line whereas on a farm, the house and curtilage will form a small part of the whole property

Question 17

The legislation sets time limitation on the use of a visual surveillance device for surveillance activity within the curtilage of private property. List the activity under s46 Activities for which surveillance device warrant required ?

Answer 17

• Observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of visual surveillance, and the duration of that observation, for the purpose of a single investigation, or a connected serious or investigation, exceeds

• 8 hours in total
• 3 hours with a 24 hour period

Question 18

Define interception ?

Answer 18

Intercept in relations to a private communication includes hear, listen to, record, monitor, acquire or receive the communication either -
• When it is taking place OR
• While it is in transit

Question 19

What is an interception device and what does it not include ?

Answer 19

• Any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment or other device that is used or is capable of being used to intercept or record a private communication BUT
• Does not include a hearing aid / similar device used to correct subnormal hearing or user

Question 20

What is it used for or what activity for which an S.Device warrant is required ?

Answer 20

• Used as an interception device to intercept private communication

Question 21

The S&S limits the use of an interception device, to intercept a private communication. A s.device warrant will only be authorised for use of an interception device for gathering EM for ?

Answer 21

• Offences punishable by 7 years or more years
• I.D Arms Act 1983 offences
• ID psychoactive substances act 2013 offences

Question 22

Define voluntary oral communication ?

Answer 22

• Is a communication between one or more persons where at least one party in the commutation gives their consent for communication to the recorded
• There is no requirement to obtain a surveillance device warrant to intercept and record a voluntary oral communication

Question 23

What is a tracking device ?

What does it not include ?

Answer 23

• Means a device that may be used to help ascertain by electronic or other means, either of both of the following;

• the location of a thing or a person
• whether the thing has been opened, tampered with, or is some other way delete with
• does not include a vehicle or other means of transport, such as boat or helicopter
• obtain EM for the investigation of any offence punishable by imprisonment

Question 24

What activities for which a surveillance device warrant is required ?

Answer 24

• Use of a tracking device, expect where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass goods.

Question 25

Tracking device may only be used by a ?

Answer 25

• Assistance of specialist squad

Question 26

Covert surveillance using sophisticated electronic surveillance devices must be used by ?

Answer 26

• Specialist trained officer

Question 27

What section of S&S acknowledges that in certain situation Police may need to act immediately without warrant ?

Answer 27

• s48 use any 1 or more surveillance devices

Question 28

To use s48 what two ingredients exist for any situation to be recognised as one of the emergency or urgency ?

Answer 28

• Ingredient - entitled to apply
• Means - you would be entitled to make an application for a surveillance device warrant as the situation is one of serious criminal activity.
• Ingredient - Impracticable in the circumstances
• Means - you need to use a device urgently as it is not immediately practicable to obtain a surveillance device warrant

Question 29

Surveillance without warrant in situations of emergency or urgently is permitted only where the above circumstance apply and the suspected

Answer 29

• offence has been, is being, or is about to be committed and is
- punishable by 14 years imprisonment or more and
- you believe that use of the surveillance device would obtain EM in relations to the offence
• An Arms Act 1983 offence
• Drug offence
• likely to cause injury or serious property loss/damage and surveillance is necessary to prevent offending from being committed or continuing
• presenting risk to life and safety and surveillance is necessary as an emergency response

Question 30

What is the warrantless period for the use of a surveillance device in a situation of emergency or urgency is a period not exceeding ?

Answer 30

• Not exceeding 48 hrs

Question 31

Approval to use an interception device is an emergency situation should be obtained from D/I unless ?

Answer 31

• Immediacy of the situation does not allow for prior planning and approval for a DI in consultation with legal services
• Statutory criteria met
• Opportunity arises to obtain EM that would otherwise be lost if not taken at the time

Question 32

When does an enforcement officer report a warrantless surveillance power that’s used ?

Answer 32

• When a warrantless surveillance power is exercised the enforcement officer must provide a notification (report in the search and surveillance system) to a Judge within 1 month after the date of the last day of any period of 48 hours

Question 33

When can a surveillance device warrant be issued ?

Answer 33

• For a period of no more than 60 days on which the warrant is issued and is in force for that period
• To extend or lesser the period a new s/device warrant is needed