Surveillance Flashcards
What is surveillance?
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, places and things
• ascertaining (tracking) the location of a thing or person, or whether a thing has been interfered or tampered with
• intercepting a private communication
What is a surveillance device?
A surveillance device is a device which assists and enhances your normal capabilities to carry out the surveillance.
A surveillance device may be any one or more of the following kinds of device.
• a visual surveillance device
• an interception device
• a tracking device
What is a visual surveillance device?
Visual surveillance device –
(a) 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
(b) does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.
When is a surveillance device warrant required?
Section 46 Activities for which surveillance device warrant required
(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device.
Private lands and goods
Where surveillance with a surveillance device is concerned, the Search and Surveillance Act restricts surveillance activity in places an individual ‘ought reasonably to expect’ are private.
Private premises
Private premises means a private dwellinghouse, a marae, and any other premises that are not within the definition of non-private premises.
Non-private premises
Non-private premises means premises, or part of a premises, to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport or shop.
Private activity
The definition of private activity acknowledges fundamental human rights.
A participant in an activity can reasonably expect the activity is private, if it is
carried out in private premises.
But – ‘ought reasonably to expect’ must be an objective test i.e. what any
person would expect.
Private communication
Private communication –
(a) means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but
(b) does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so.
Trespass and trespass surveillance
Trespass surveillance means –
Surveillance that involves trespass onto land or trespass to goods.
Trespass surveillance occurs the moment an enforcement officer steps onto private property without consent.
What is curtilage?
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 home owner can have a reasonable expectation of privacy and where ‘common daily activities’ take place.
Curtilage limitations
Section 46 –
e ) 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 a visual surveillance device, and the duration of that observation, for the purposes of a single investigation, or a connected series of investigations, exceeds –
(i) 3 hours in any total 24-hour period; or
(ii) 8 hours in total
Interception
Intercept in relation 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
Interception device
Interception device –
(a) 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
(b) does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.
A surveillance device warrant will only be authorised for use of an interception device for gathering evidential material for?
- offences punishable by 7 or more years imprisonment
- identified Arms Act 1983 offences
- identified Psychoactive Substances Act 2013 offences