Tracking Devices

Question 1

What can TSU track with tracing devices?

Answer 1

Packages and motor vehicles

Question 2

Why must TSU be engaged early?

Answer 2

• discuss operational requirements to ensure correct device used
• allow for secure install
• ensure equipment and staff are available
• obtain a tracking warrant if required

Question 3

What must you be aware of if an audio device is used in the controlled delivery?

Answer 3

• surveillance device warrant required where a private conversation is to be recorded
• install of device can only be done by police
• the audio device must be monitored
• allow adequate time for device to be installed
• involving TSU early will allow earlier delivery of package

Question 4

When is a warrant required to install a device used to track if something has been handled?

Answer 4

Only when its installation requires trespass onto land or trespass to goods

Question 5

What is the emergency situation where you don’t have to apply for a warrant within the first 48 hours relating to drugs?

Answer 5

S48(2)(e)

the enforcement officer has reasonable grounds—
(i)
to suspect that an offence has been committed, or is being committed, or is about to be committed in relation to a controlled drug specified or described in Schedule 1, Part 1 of Schedule 2, or Part 1 of Schedule 3 of the Misuse of Drugs Act 1975, or to a precursor substance specified or described in Part 3 of Schedule 4 of that Act; and
(ii)
to believe that use of the surveillance device would obtain evidential material in relation to the offence:

Question 6

What sections cover the authority to use tracking devices?

Answer 6

S45 - S64 SnS 2012

Question 7

What is covered under a surveillance device?

Answer 7

interception device
tracking device
visual surveillance device

Question 8

What are the two main categories of tracking devices?

Answer 8

• a device that is used to help ascertain the location of a person or thing, whether or not it is installed on the person or thing
• device used to detect if something has been handled

Question 9

What section covers when a surveillance device warrant is required?

Answer 9

S46 SnS 2012

Question 10

What is covered in S42(2) SnS 2012?

Answer 10

Emergency situations where a surveillance device can be used for up to 48 hours without having a surveillance device warrant if you are entitled to apply for such a warrant in the circumstances but it is impractical to do so in the circumstances.

Question 11

Is evidence from tracking devices used in court???

Answer 11

NO!

Question 12

What are the main situations where a surveillance device warrant is required?

Answer 12

S46 SnS 2012

(b)
use of a tracking device, except where a tracking 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 of the device does not involve trespass to land or trespass to goods:

(d)
use of a surveillance device that involves trespass to land or trespass to goods: