Surveillance Flashcards
What is surveillance
Police surveillance is planned and directed activity. Either open or covert for the purpose of:
- observing and recording
- intercepting private communication
- tracking the location of a thing/person or whether a thing has been interfered or tampered with
Surveillance device
Is a device which assists and enhances your normal capabilities
- visual surveillance device
- interception device
- tracking device
Period of SDW
A SDW may be issued for a period of no more than 60 days after the date which the warrant was issued
Visual surveillance device
Means any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment or other device that is used to observe, or to observe and record a private activity,
BUT
Does not include spectacles, contact lenses or a similar device used to correct subnormal vision of the user to no better than normal vision
Interception device
Means 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 or similar device used to correct subnormal hearing of the user to no better than normal hearing
Tracking device
Means a device that, may be used to help ascertain, by electronic or other means, either or both of the following:
- the location of a thing or person
- whether a thing has been tampered with, or in some other way dealt with
BUT
Does not include a vehicle or other means of transport such as a boat or helicopter
Trespass surveillance
Surveillance that involves trespass onto land, vehicles or goods
Private lands and goods
SASA restricts surveillance activity in places an individual ‘ought reasonably to expect’ are private
Land (in private ownership) and private premises on that land and goods
Goods include chattels and includes vehicles and other tangible belongings
Private premises
Private dwelling, house, marae etc that are not within the definition of non-private premises
Non-private premises
Premises or part of a premises to which members of the public are frequently permitted to have access, such as, hospitals, bus stations, airpots, shops etc
Note: not all part of hospitals, bus stations etc are non-private
Areas considered private are:
- hospitals = theatres, consulting rooms
- railway stations = office area, staff meal room
Private activity
A participant in an activity ought to reasonably be expected to be observed/recorded by nobody except the participants
A participant in an activity can reasonably expect the activity is private if it is carried out in private premises (e.g. not recorded/observed)
Note: private activities may occur in places that do not fit the definition of private premises
Private communication
A participant in an activity ought to reasonably be expected to be intercepted and recorded by nobody except the participants without having consent or authority by any party to do so
Ought to reasonably be expected
An objective test,
What would a person expect
Curtilage
Means the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’
It defines the boundary within which a homeowner can have reasonable expectation of privacy and where daily activities takes place
Curtilage of a suburban house vs a farm
The curtilage of a dwelling is the ground between the fence/boarder and the dwelling
The curtilage of a suburban house is likely to be clearly defined by a fence line whereas on a farm, the house and curtilage will form a small part of the whole property
