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, place 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.
Give examples of a surveillance device?
A surveillance device may be nay one 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 electroptical instrument, apparatus, equipment, or other device that is used to observe and record, a private activity, but
(b) does not include spectacles, contact lenses, or a similar device used to correct similar vision of the user to no better than normal vision.
When is a visual surveillance device required?
s46 Activities for which surveillance device required.
(c) Observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device.
What exceptions apply to s46(c)?
Some exceptions apply to the requirement to obtain a surveillance device warrant for the use of a visual surveillance device.
These are:
- Situations of emergency or urgency (although use of a surveillance device in these situations mus be still be reported in the in-line system) and
- Activities that do not require a warrant.
What is Trespass under S+S?
Surveillance is unlawful if it involves a trespass, which is unauthorised entry onto private land or unauthorised handling of goods, unless authorised by a surveillance device warrant.
Define private premises?
Private premises means a private dwellinghouse, a marae, and any other premises that are not within the definition of non private premises.
Define private activity?
Private activity means 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
Define private communication?
Private communication-
(a) Means a communication (whether 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 communications; 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.
Define Trespass surveillance?
Trespass surveillance means -
Surveillance that involves trespass onto land or trespass to goods
What is the offence threshold for for an interception device warrant?
The offence must be a ‘serious offence’.
A serious offence is an offence punishable by 7 years imprisonment or more.
Identified Arms Act 1983 offences.
Identified psychoactive Substances Act 2013 offences.
Define 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.
Activities that do not require a warrant cover the use of a visual surveillance device within the curtilage of private property but usage is restricted to time limitations?
Section 46- Activities for which surveillance device warrant required.
(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 exceed-
(i) 3 hours in any total 24 hour period, or
(ii) 8 hours in total.
Define interception?
Interception in relation to a private communication, includes hear, listen to, record, monitor, acquire or receive that communication either-
- When it is taking place.
- While it is in transit.