Surveillance Devices Flashcards

1
Q

Section 45 - Restriction on some trespass surveillance an use of interception device - What must you be doing?

A

Obtaining evidential material in relation to an offence:

  • 7 years + or
  • against sec 44, 45, 50 , 51, 54 or 55 of the Arms Act 1983
  • against sec 25, 26, and 70 of Psycoactive Substances Act 2013.

Powers - Under take trespass surveillance, Use an interception device.

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2
Q

Section 46 - Activities for which surveillance device (SD) warrant required

A
  • Intercept private communication.
  • Use of a tracking device (unless ascertaining if thing opened or tampered with).
  • Observation of private activity in private premises, and any visual recording of that observation, by means VSD
  • Use of a surveillance device that involves trespass to land or trespass to goods
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3
Q

3 types of surveillance devices?

A
  • Visual surveillance device
  • Tracking device
  • Interception device
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4
Q

Section 46(1)(e) - Activities for which surveillance device (SD) warrant required - What can you do without a surveillance device warrant?

A
  • Observe private activity without the use of a SD from public areas
  • Observe private activities on the curtilage and any recordings of that observation for a single investigation or series of connected investigation do not exceeding
  • 3 hours in any 24 hour period, or
  • 8 hours in total.
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5
Q

In relation to the Search and Surveillance Act, what is private activity?

A

When 1 or more persons ought to reasonably expect to not be observed or recorded by anyone else other than those present.

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6
Q

What is trespass surveillance?

A

Means surveillance that involves trespass to land or trespass to goods

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7
Q

What is curtilage?

A

The land immediately surround a house or dwelling, including any closely associated buildings and structures but does not extent to open fields.

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8
Q

Is a SDW required for a tracking device to ascertain movements of a person?

A

Yes

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9
Q

Is a SDW required for a tracking device to ascertain if a thing has been handled?

A

Involves trespass - Yes

No trespass - No

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10
Q

Trespass Surveillance vs Trespass Act

A

As soon as you enter a private property for surveillance (without consent) you need a warrant otherwise it is illegal.

Trespass Act you have to be trespassed first.

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11
Q

Section 47 - When do you not require a warrant?

A
  • Being lawfully on private premises
  • Recording wheat he observes or hears without the use of a SD.
  • Covert audio recording of voluntary comms between 2 or more people with consent of 1 of them
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12
Q

Section 48 - Situations to use a SD when a SD warrant is impractical to obtain in the circumstances

A

RGTS: 14 yr or more Imp offence

  • entry will prevent risk to life
  • Offence against the arms act
  • Offence against MODA
  • SD will obtained evidential material
  • SD warrant to be obtained ASAP (within 48 hours)
  • Use reasonable force to gain entry to install, maintain or remove SD
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