Surveillance

Question 1

Three times of surveillance

Answer 1

• observation and recording
• tracking
• intercepting private communication

Question 2

What is a surveillance device

Answer 2

A device which assist and enhance your normal capabilities to carry out surveillance

Question 3

Section 46

Answer 3

Activities for which surveillance device warrant is required
- observation on private preferences and recording by means of visual surveillance device
- surveillance involving trespassing
- observation of private property in curtilage (visual device) not exceeding 3 hours in 24 hours or 8 hours total
- tracking device (if something has been opened or tampered with).

Question 4

Restrictions on use of devices

Answer 4

SDW only approved for EM of serious offences (7 years +)

Question 5

Curtilage

Answer 5

Land immediately surrounding a house or dwelling. Defines the boundary within which a homeowner can have expectation of privacy.

Question 6

Limitations on use of an interception device

Answer 6

• 7 years + imprisonment
• specific arms act 1983 offences
• specific psychoactive substances act 2013 offences

Question 7

Tracking device

Answer 7

For any offence punishable by imprisonment

Question 8

Section 48

Answer 8

Situations of emergency or urgency
- entitled to apply
- impracticable in the circumstances

Question 9

Circumstances under section 48

Answer 9

• 14 years imprisonment
• arms act
• drug offence

Situation is likely to cause injury or serious property loss. To prevent further offending

Presenting risk to life. Necessary for emergency response

Question 10

Time constraints of section 48

Answer 10

Warrantless period not exceeding 48 hours

Approval from detective inspector

Section 60 - requirement to report within 1 month of last period

Question 11

SDW time period

Answer 11

No more than 60 days. No renewal