Tracking Flashcards
Where are emergency powers relating to controlled deliveries located?
Power to stop a vehicle
Stop a vehicle when suspect is at large
Section 81, Search and Surveillance Act
Section 121, Search and Surveillance Act
Section 9, Search and Surveillance Act
What is the main category of tracking device?
Give an example
Device that can be used to help ascertain the location of a person or thing, whether or not it is installed in or on the thing being tracked.
Examples:
The use of technology to determine the whereabouts of a person through their cell phone.
Thermal imaging from the air
What is the second main category of a tracking device?
A device used for detecting whether a thing has been handled
Why is it essential to give TSU (Tactical Support Unit) early notification?
- Discuss operation requirements
- Allow for secure installation
- Ensure that equipment and TSU staff are available
- Obtain a SDW
What to be aware of if you require an audio device?
- An SDW is required where it will be used to intercept private communication
- By law, the installation can only be done by Police
- The audio device must be monitored
- Allow sufficient time for the installation
In a situation of emergency how long can an enforcement officer use a surveillance device
48 hours if entitled to apply for a SDW but is impracticable in the circumstances
The situations of emergency are contained in Section 48(2) Section (e) specifically relates to controlled drugs and controlled deliveries are as follows:
(e) the enforcement officer has reasonable grounds
(i) to suspect that an offence has, is or is about to be committed in relation to controlled drugs
(ii) to believe that use of the surveillance device would obtain evidential material in relation to the offence
Explain legislation for Internal search vs Internal concealment:
Internal Search
Section 23 S&S - Only applies to a person under arrest pursuant to Section 6, 7 or 11 of Misuse of Drugs Act and relates to Class A, B and C controlled drugs
Internal Concealment
Section 13A Misuse of Drugs Act - RGTB concealing Class A or B controlled drugs but not under arrest
For the purpose of an electronic investigation, a drug dealing offence is any offence against Section 6 which involves what?
Class A, B or C controlled drugs, and includes certain offences identified under the Psychoactive Substances Act 2013
Definition of Evidential Material:
In relation to an offence or suspected offence, means evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence
Definition of Private Communication (a)
a) means a communication (whether oral, written or telecommunication) made under circumstances that any person in that conveersation would expect it to be private and confined to the parties communicating
Definition of Interception device (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 (including telecommunication)
Interception device (b) What does an interception device not include?
Does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing
Definition of visual surveillance device (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 observe or to observe and record, a private activity
Visual surveillance device (b) what does it not include?
does not include spectacles, contact lenses or a similar device used to correct subnormal vision of the user to no better than normal vision
Define Surveillance Device
A device that is any 1 or more of the following:
a) an interception device
b) a tracking device
c) a visual surveillance device
Define a Tracking Device
a) a device that may be used to help ascertain by electronic or other means
i) the location of a thing or a person
ii) whether a thing has been opened, tampered with or in some other way dealt with
Explain when private communication is not private
If its reasonable that the conversation is overheard and persons involve didn’t agree to it, the communication is not considered private
Explain situations of emergency in Section 48(2) Section (f)
(f) the enforcement officer has reasonable grounds
(i) to believe that a person is in possession of any 1 or more of the things described in Section 81(2)(a) to (d) (controlled drugs, precursor, package or EM) and
(ii) to believe that use of the surveillance device is necessary to facilitate the things seizure
