Flashcards in 4. S&S - Surveillance Deck (23)
What is surveillance?
police surveillance is a planned and directed activity. Either open or covert and be for the purpose of:
• Observing, and any recording of that observation, or people, vehicles, places and things
• Ascertaining (tracking) the location of a thing or person, or whether a thing has been interfered or tampered with
• Intercepting a private communication
What does the S&S Act 2012 do regarding surveillance?
It regulates surveillance activities undertaken by using a device and establishes clear boundaries for the lawful use of a surveillance device:
• Where trespass is not involved
• Where trespass is involved
• Where warrantless powers exist
What is a surveillance device?
a device which assists and enhances your normal capabilities to carry out the surveillance. May be a visual surveillance device, an interception device, or a tracking device.
What is a visual surveillance device?
a visual surveillance device:
a) Means any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment, or other device that is used to observe, or to observe and records, a private activity, but
b) Does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.
What does the Act do about private land and goods? When is surveillance unlawful?
It restricts surveillance activity in places an individual ‘ought reasonably to expect’ are private. This includes land (in private ownership) and any private premises on that land and ‘goods’.
Surveillance is unlawful if it involves trespass, which is unauthorised entry onto private land or unauthorised handling of goods.
What is the definition of goods?
generally means chattels and include vehicles and other tangible belongings.
What is the definition of private premises?
means a private dwellinghouse, a marae, and any other premises that are not within the definition of non-private premises.
What is the definition of non-private premises?
means premises, or part of a premises, to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport or shop.
What is the definition of private communication?
a) Means a communication (oral, written, telecommunication, or otherwise) made under circumstances that may reasonable be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but
b) Doesn’t include circumstances where any party to the communication ought reasonable to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so
What is the definition of trespass surveillance? When does it occur?
surveillance that involves trespass onto land or trespass to goods.
Trespass surveillance occurs the moment an enforcement officer steps onto private property without consent.
For what activities is a surveillance device required (s46)?
a) interception device to intercept a private communication.
b) tracking device
c) observing and recording of private activity on private premises with a visual surveillance device
d) use of surveillance device involving trespass to land or goods
e) observing and recording of private activity in curtilage with a visual surveillance device for a single investigation, or series of investigations, exceeding 3hrs in 24hrs, or 8hrs total
What is the definition of curtilage?
the land immediately surrounding a house or dwelling, but excluding any associated ‘open fields beyond’. It defines the boundary within which a home owner can have a reasonable expectation of privacy.
What is the definition of interception?
includes hearing, listening to, recording monitoring, acquiring, or receiving the communication either when it is taking place or while it is in transit.
What is the definition of an interception device?
a) Means 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; but
b) Does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing
What conditions are required for a surveillance device warrant to be issued for an interception device or trespass surveillance?
for gathering EM for:
• Offences punishable by 7yrs or more imprisonment
• Identified Arms Act 1983 offences
• Identified Pyschoactive Substances Act 2013 offences
What is meant by voluntary oral communication (s47)?
– is communication between one or more persons where at least on party in the communication gives their consent for the communication to be recorded. There is no requirements to obtain a surveillance device warrant to intercept and record a voluntary oral communication.
What is the definition of a tracking device?
a) Means a device that may be used to help ascertain, by electronic or other means, either or both of the following:
a. The location of a thing or a person
b. Whether a thing has been opened, tampered with, or in some other way dealt with, but
b) Does not include a vehicle or other means of transport such as a boat or helicopter
What conditions are required for a surveillance device warrant to be issued for a tracking device?
It must be to obtain EM for the investigation of any offence punishable by imprisonment.
In what situations can a s48 be used?
When are entitled to apply for one, as the situation is one of criminal activity, and it is impracticable to do so in the circumstances.
Only applies to RGTS offence has been, is being or is about to be committed:
• punishable by 14+ years imprisonment and believe use of device would obtain EM
• RGTS there is a risk of injury, or to life or safety of a person, or serious damage or loss of any property and the use of surveillance device is necessary to prevent offending from being committed or continuing
• RGTS certain Arms Act or Drugs offences and use of a surveillance device would obtain EM in relation to the offence
What are the time constraints of using s48?
the warrantless period for the use of a surveillance device in a situation of emergency or urgency is a period not exceeding 48hrs. An application must be made if surveillance is to continue beyond this time.
What is required to use an interception device in an emergency?
approval should be sought from a DI unless:
- the immediacy of the situation doesn’t allow for prior planning and approval - statutory criteria is met
- an opportunity arises to obtain EM that would otherwise be lost.
What is the requirement to report on use of surveillance device in emergency or urgency (s60)?
when a warrantless surveillance power is used, notification must be provided to a judge within 1 month after the date of the last day of when the 48hrs used was.