Chapter 4: Search and Surveillance

Question 1

Define Evidential Material (2)

Answer 1

1; Evidence of an offence

2: Anything relevant to the investigation

Question 2

Describe “Reasonable Grounds to Believe” (RGBT)

Answer 2

“A sound basis for believing the situation actually exists”

Question 3

Describe “Reasonable Grounds to Suspect”

Answer 3

“Likely to exist” A sound basis for suspecting

Question 4

What is a tracking device?

Answer 4

A device used to ascertain the location of a thing or whether the thing has been opened (dealt with).
Does not include a vehicle or other means of transport..

Question 5

What is an interception device?

Answer 5

An (electrical electromagnetic mechanical) device used to intercept or record a private communication. Does not include hearing aid to correct subnormal hearing

Question 6

What is a visual surveillance device?

Answer 6

Device used or capable of being used observe or observe and record a private activity.
Doesn’t include specs, contact lenses used to correct subnormal sight

Question 7

What is the purpose of the S&S Act 2012?

Answer 7

To facilitate the monitoring of compliance by

1: Modernising the law of search
2: Rules recognising importance of rights
3: Investigative Tools (effective and adequate)

Question 8

Which power should be used for searching a detained person?

Answer 8

Rubdown search S85 - 87 (rub down search , arrested or detained to take items to prevent harm to anyone or assist escape)
A warrantless search S88 (Arrested/detained, W/out W, RGTB possession of items to harm anyone, facilitate escape or evidence of offence detained for

Question 9

Who should conduct a S11 search when a person is locked up?

Answer 9

Watchouse/custodial staff

Question 10

What is the primary purpose of a S11 search? (2)

Answer 10

1: Protect detained persons property
2: Remove items of self harm

Question 11

When should a S11 search be conducted?

Answer 11

Prior to person being placed in a cell

Question 12

A. What does “Locked up” mean?

B. What does it also mean relating to vehicles?

Answer 12

A. A person taken into lawful custody and placed behind a locked door.
B. a vehicle being used for police purposes BUT not being placed in a Police vehicle for immediate purposes of transport

Question 13

When can a person be searched S11 after they have been locked up?

Answer 13

If not previously searched
Since being searched, in close proximity with someone
(a) who has not been searched
(b) another person eligible to be searched or
(c) RGTB person in possession of weapon ( to escape or harm)

Question 14

Why should you avoid a S11 search subsequent to arrest

Answer 14

Because you can only use this section once prior to being locked up

Question 15

When is a search warrant required for search?

Answer 15

In all cases unless impractical

Question 16

What does a warrant authorise

Answer 16

Entry
Search 
Place; vehicle or thing
Seize Evidence
Offence punishable by prison

Question 17

Who can apply for a SW?

Answer 17

Constable

Question 18

What are the grounds for applying?

Answer 18

1: RGTS offence carrying imprisonment
2: RGTB a search will recover evidence

Question 19

Who can approve you to apply?

Answer 19

Sergeant or above (where practicable)

Question 20

How do you apply for a search warrant? (2)

Answer 20

1: In writing via online S&S system
2: Appearance in person before issuing officer.

Question 21

Can you make an oral application?

Answer 21

Yes, if impractical to do so in writing

Question 22

Under what circumstances can you make an oral application? (3)

Answer 22

1: If written application causes delay compromising effectiveness
2: If issuing officer is satisfied application can be determined orally
3: All the information is supplied

Question 23

What are your requirements post making an oral application?

Answer 23

Enter application and outcome online via S&S system.

Question 24

When can an application be made without an appearance before an issuing officer?

Answer 24

If the warrant can be issued on the basis of the written application alone (no clarification or Q’s required).

Question 25

What is the first step in applying for a SW?

Answer 25

Seek approval from Sgt level or above

Question 26

State four steps in the process of search warrant application prior to completing the application itself.

Answer 26

Seek approval
Set up NIA file/case
Assess risks (PARA Card Planned Action Risk Assessment)
Assess community impact

Question 27

Explain “deconfliction”

Answer 27

Process in S&S online system that emails other investigators with the same target address in current applications.

Question 28

What must you do if you receive a deconfliction email?

Answer 28

Act to resolve

Question 29

Under which enactments are warrant applications not recorded in S&S system?

Answer 29

Asset Recovery (Criminal Proceeding Act 2009)
Films, video classification 2007
Mutual Assistance in Criminal Matters 1992.

Question 30

Before you print and sign your application what must you do?

Answer 30

Seek online approval from Sgt or higher

Question 31

What is the definition of “informant”?

Answer 31

Person who provides verbal or written information to law enforcement officer.

Question 32

What is the difference between informant and witness?

Answer 32

Informant gives information with expectation their details will be protected

Question 33

On what grounds may the issuing officer require disclosure of informant details?

Answer 33

1: To assess credibility of informant
2: Whether there is proper basis for issuing warrant

Question 34

Search Warrants - Informants

What must the issuing officer not ask for?

Answer 34

Name and address of informant

Question 35

S 117. You are about to conduct a search warrant but the application is not yet approved. You become aware the target is about to remove the evidence you seek. What are your powers?

Answer 35

Enter
Secure place, vehicle, thing
Direct any person to assist.
Must believe evidential material may be destroyed, concealed, altered damaged or removed before issuing officers decision to grant or refuse

Question 36

What are the conditions of exercising the pre warrant entry power?

Answer 36

Six hour expiry or
Warrant becomes available or
Application is declined

Question 37

What is the scope/limitation of the S&S Act 2012?

Answer 37

It is limited to regulating activities undertaken by use of devices.

Question 38

What legal considerations exist pursuant to the S&S act regarding surveillance without a device? (3)

Answer 38

1: Surveillance without a device cannot be authorised by a warrant
2: Surveillance will be unlawful if it involves a trespass
3: Surveillance will be lawful and can be undertaken if:
(a) it is reasonable S21 BoR Act
(b) does not involve a trespass

Nothing to preclude getting search warrant in order to trespass on a place for surveillance ‘without a device’

Question 39

What devices are regulated under the Act?

Answer 39

Tracking
Interception (Listening)
Visual surveillance

Question 40

Can you apply for a warrant to use more than one type of device?

Answer 40

Yes, application is the same and brings together all types of device.

Question 41

What are the focus points of the Act?

Answer 41

Use of technology in investigating offences
To monitor compliance
Consistent with Human Rights values

Question 42

Does flying over a place, including a drone/model aircraft constitute a trespass

Answer 42

No.

Question 43

What are the consequences of conducting surveillance with a device and without warrant where you had the opportunity to obtain a warrant?

Answer 43

Evidential material material found may be found inadmissible.