Tracking Devices Flashcards
Describe the categories, the tracking devices fall into.
1) Encompasses a device that can be used to help ascertain the location of a person or thing. Either installed in or on the thing being tracked or in the possession of a person being tracked. Includes the use of technology to determine the whereabouts of a person when their cellphone is turned on OR thermal imaging device that can be tracked from the air.
2) A device used for detecting whether a thing has been handled. Note, under S46(1)(b) SnS 12 the use of a device for this purpose requires a warrant only when its installation involves trespass on land or to goods.
Why is it important to notify TSU early regarding tracking devices? List 4
- Discuss op requirements and ensure correct device installed
- Allow for secure installation under often tight timeframes
- Ensure correct equipment available
- Ensure TSU staff available to monitor and are aware of op requirements
What must you be aware of if AUDIO devices are required in the delivery? List 4
- A surveillance device warrant is required when interception device will be used to intercept private comms
- Installation can only be done by police staff and role will be designated by TSU
- Audio device must be monitored, even in transit
- Allow sufficient time for installation
S46 SnS 12 List all circumstances you will need to obtain a surveillance device warrant S46 SnS 12.
- (a) use of a interception device to intercept a private communication
(b) Use of a tracking device EXCEPT when device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with or in some other way dealt with and the installation DOES NOT involve the trespass to land or goods.
(c) observation of a private activity on a private premise and any recordings of that activity by a visual surveillance device
- (d) Use of a surveillance device that involves trespass to land or goods. (Includes tracking device)
S48(2) SnS 12 provides emergency or urgency powers. Describe S48(2)(e) SnS 12
(i) RGTS an offence has, is or about to be committed in relation to a controlled drug specified or described in Schedule 1, Part 1 Schedule 2, Part 1 Schedule 3 of MODA 75 OR to a precursor substance specified in Part 3 of Schedule 4.
(ii) RGTB that the use of surveillance device warrant would obtain evidential material in relation to offence
Note: once emergency powers have been evoked, you cannot use surveillance device for any longer than 48 hours.
S48(2) SnS 12 provides emergency or urgency powers. Describe S48(2)(f) SnS 12
(i) RGTB that a person is in possession of any 1 or more of the things described in S81(2)(a) to (d) AND
(ii) RGTB that the use of the surveillance device is necessary to facilitate the things seizure
What is S81(1)(a) to (c) SnS 12?
A constable or customs officer, during the course of a delivery, in which a customs officer has exercised S12 MODA 78, do any of the following WITHOUT a warrant.
(a) Search a person involved in a delivery under S12 MODA 78
(b) Enter and search and place, craft or vehicle
(c) Seize anything that he or she has RGTB is a thing described in (a) to (d) in subsection (2)
What is S81(2)(a) to (d) SnS 12
A constable or Customs officer has RGTB that a person is in possession of, or place, craft or vehicle contains any of the 1 or more;
(a) A controlled drug
(b) A precursor substance
(c) A package in relation to which the customs officer has replaced all or a portion of any controlled drug or precursor substance
(d) Evidential Material in relation to the commission of an offence under S6(1)(a) or 12AB of MODA 75
In relation to internal searches, what is outlined in S23 SnS 12?
(1) A constable may require a person to permit a medical practitioner, nominated for the purpose by the constable to conduct an internal examination of any part of the persons body by means of.
(a) A Xray machine or similar device OR
(b) A manual or visual examination (whether or not facilitated by instrument or device) though anybody orifice.
(2) The circumstances that.
(a) The person is under arrest for an offence against S6 S7 S11 MODA 75 AND
(b) The constable has RGTB thar the person ha secreted within his/her body any property
(i) That may be evidence for which the person is charged OR
(ii) The possession of which by the person constitutes any other offence against S6 S7 S11 MODA 75
(3) Medical Practitioner must not conduct an internal examination if he/she.
(a) That by doing so maybe prejudice to the persons health
(b) Is satisfied that the person is not prepared to permit an internal examination to be conducted
(4) This section does not affect or limit S13A to S13M MODA 78
