Surveillance definitions

Question 1

Define Interception Device:

Answer 1

Interception device means:

(a) 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 included:
* a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

Section 46(a) applies to the use of a interception device. A surveillance device warrant is the warrant sought for the use or a interception device.

Question 2

What is surveillance?

Answer 2

Police surveillance is planned and dirrected 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.

Question 3

What is a surveillance device?

(3 types)

Answer 3

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

Question 4

What is a visual surveillance device?

Answer 4

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 specticles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.

Question 5

Private Communication means:

Answer 5

(a) means a communication (whether in oral or written form, or in the form of a telecummunication, 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 occuring 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 person to do so.

Question 6

What is curtilage?

Answer 6

Curtilage means the land immediately surrounding a house or dwelling, including any closely associated building 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.

Question 7

Voluntary Oral Communication:

Answer 7

A voluntary oral communication is a communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded (section 47)

Question 8

Define a tracking device:

Answer 8

Tracking device:

(a) 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 opened, tampered with, or in some way dealt with: but

(b) does not include a vehicle or other means of transport, such as a boat or helicpter.