Surveillence Flashcards
Surveillance risk assessment:
- identified
- assessed
- considered in planning before surveillance is executed
TENR
Police surveillance is:
- overt of covert
- observing, and any recording of that observation of people, places, vehicles
- tracking location of a thing or person
- intercepting a private communication
What is a surveillance device?
- a device which assists and enhances your normal capabilities to carry out the surveillance
What is a surveillance device?
- a visual surveillance device
- an interception device
- a tracking device
What is a visual surveillance device?
- any electronic, mechanical, electromagnetic or electro optical instrument, apparatus, equipment or other device which is used to observe or to observe and record a private activity BUT
- does not include spectacles, contact lenses, or similar device used to correct subnormal vision of the user to no Better than normal Vision
s64 outlines activities for which SV device warrant is required:
- observation of private activity in private premises, and any recording of that observation by means of visual surveillance
Exceptions that apply to obtaining SV device warrant include:
- situations of emergency or urgency (must still be reported)
- activities that do not require a warrant
Restrictions on SV device:
- activity in places an individual “ought reasonably to expect” are private
- including land (private ownership), and any private premises on that land and goods
- goods usually meets chattels and include vehicles and tangible belongings
Surveillance is unlawful if:
It involves trespassing, which is unauthorised entry into private land
Private premises mean:
- a private dwelling house, a marae, and any other premises that do not fit within “non private premises” definition
Non private premises:
- premises or part of premises which members of the public are frequently permitted to have access too
- includes hospital, bus and train station, airport or shop
- private part of these premises include staff rooms, consult rooms etc
Private communication is:
- a communication (oral, written or telecommunication) 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
- 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 expressed or implied consent of any party to do so
A surveillance device warrant is required when:
- reasonable expectations of privacy are interfered with or intruded upon by the use of an interception device
Any person can reasonably expect their communication to be private:
- when it occurs in circumstances where they have the right to expect it will not be intercepted or recorded
Trespass surveillance means:
- surveillance that involves trespass onto land or trespass to goods
- occurs moment officer steps onto private property without consent
- if you do not have consent to enter onto property, then you are trespassing
Restrictions on use of surveillance devices include:
- any warrant application to use a visual surveillance device for trespass surveillance will only be authorised for obtaining EM for serious offences
- any warrant application to use an interception device, whether or not a trespass surveillance occurs is restricted to obtaining EM for serious offences only
Serious offence is punishable by 7 years imprisonment or more
s46- activities for which surveillance device warrant required (d)
(d) use of surveillance device that involves trespass on private property
Curtilage is:
The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated “open fields beyond”
Curtilage 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
s46(e)- 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 visual surveillance device, and the duration of that observation, for the purposes of a single investigation, or a connected series of investigation exceeds-
(i) 3 hours in any total 24 hour period: or
(ii) 8 hours in total
(A visual SD may lawfully be used without warrant to gather EM for serious offence if it’s usage does not exceed the established time limits)
Interception 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
An interception device is:
- any electronic, mechanical, electromagnetic, optical or electrooptical instrument, apparatus, equipment or other device that is used or is capable of being used to intercept or record a private commutation; but
- does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing
s46(a)- activities for which surveillance device warrant required
(a) use of an interception device to intercept private commutation
Limitations on use of an interception device:
- SV device warrant will only be authorised for use of an interception device for gathering EM for:
- offences punishable by 7 or more years imprisonment
- identified Arms Act 1983 offences
- identified psychoactive substances act 2013 offences
