Surveillance Flashcards
Surveillance Device
Is a device which assists and enhances your normal capabilities to carry out surveillance
What is surveillance?
-Observing and recording
-ascertaining (tracking) the location of a thing or person, or whether a thing has been interfered with.
- Intercepting a private communication
Visual Surveillance
A) Means any electronic, mechanic, optical, apparatus, equipment, or totter device that is used to observe and record private activity.
B) does not include spectacles, contact lenses or the like used to correct subnormal vision
Interception Device
A) Means any electronic, mechanical, optical, apparatus, equipment, or other device used to intercept and record private communication.
B) Does not include hearing aids or similar
Tracking Device
A) means a device that may be used ti ascertain either or both of the following:
- the location of a person or thing
- whether a thing has been opened or tampered or dealt with
Trespass Surveillance
Involves trespass onto land, vehicle or goods
Private Activity
Activity that, in the circumstances, any 1 or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants.
Private Communication
Communication in oral, written or telecommunication form. Made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties involved.
Does not include communication that could reasonably be expected to be intercepted by some other works without having express or implied consent.
Curtilage
Means the land immediately surrounding a house or dwelling, including closely associated buildings or structures.
Normally defines the property boundary within which a homeowner can have reasonable expectations of privacy and where daily activities take place
S45
Restrictions of trespass surveillance:
A) serious offence (7years) apart from tracking device (imprisonable offence)
B) Arms Act 1983
S46
Activities requiring a SDW:
A) interception device to intercept private communication
B) use of a tracking device ( expect for a device that soley ascertaining if a thing has been opens or tampered with)
C) Visual surveillance of private activity in private premises
D) trespass surveillance not covered by S45
E) Visual surveillance in the curtilage, exceeding 3 hours (in 24) and 8 hours in total
S47
Some activities not requiring a SDW:
A) being lawfully in a private premises and recording why you see or hear without a device.
B) covert audio recording of a voluntary communication between 2 or more people with the consent of at least 1 of them
S48
Situations of emergency or urgency
1) May use a SDW for a period not exceeding 48 hours from the time it is first used without obtaining SDW if:
- Entitled to apply
- obtaining a SDW impractical in the circumstances
For the following situations:
A) RGTS 14+ offence and RGTS SD will obtain EM
B) RGTB risk to life or safety (s14 emergency power)
C) S18 circumstances, necessary to seize F/A
D) RGTS Cat 3 0r 4 arms offence and RGTB obtain EM
E) Suspect MODA and believe EM
3) May do any of the following to install, maintain, remove SD
-enter any place or vehicle
-break open, internet with any vehicle
- temporarily remove Andy vehicle or other thing from any place
S60
Requirement to report use of surveillance device in situations of emergency or urgency.
To a judge within 1 month of the use of this power
GSMEAC
GROUND:
- location to be searched
- address
SITUATION
-reason for seeking the warrant
- background on any suspect(a)
MISSION
- Address, suspect
-specific EM sought
EXECUTION
- timings and method of entry
- roles
- responsibilities, obligations on entry
- management of suspects
- searching for EM
-vulnerable people
ADMINISTRATION AND LOGISTIC
-travel to and from
-timing of SW
-recording of EM seized
COMMAND AND SIGNALS
-cell phone numbers and radio channels
-debrief
AWOCA
ASK
-to comply with your search
WHY
Reasons for your actions
Intention to search based on…
OPTIONS - present them
Allow search or be arrested for obstruction
CONFIRM - the person understands
ACTION - take action
