Definitions Flashcards
(22 cards)
Def of curtilage
SA
Land immediately surrounding a house or dwelling including any closely associated buildings and structures but excluding any associated “open fields beyond”
defines the boundary within which a home owner can have reasonable expectation of privacy and where common daily activities take place
Eg. Curtilage of a suburban house is likely to clearly be defined by a fence line whereas on a farm the house and Curtilage will form a small part of the whole property
Def of evidential material
Evidence of the offence or any other tangible or intangible of relevance to the investigation of the offence
Tangible - something that maybe touched
Intangible - unable to be touched not having physical presence eg email address
Def of Non private premises
Premises or part of a premises which members of the public are frequently permitted to have access and includes any part of a hospital,bus railway station, airport or shop
Eg private would be consulting rooms theatres
Def of private activity
SA
- participant in an activity can reasonably expect the activity is private, if carried out in private premises
But ought reasonably to expect must be an objective test i.e. what any person would expect.
Where private activities occur is of key importance
Def of private communication
A) communication (whether oral,written,telecommunication or otherwise) made under circumstances that any party to the communication desires to be private
B) does not include circumstances in which any party to the communication ought to reasonably expect it maybe intercepted
Def private premises
Private dwelling house,marae and any other premises that are not within the definition of non-private premises
What are the types of surveillance devices
Visual surveillance device
Interception device
Tracking device
Assists and enhances your normal capabilities to carry out surveillance
What is a visual surveillance device
A) any electronic, mechanical, electromagnetic,optical, or electro-optical instrument, apparatus, equipment or other device that is used to observe or to observe and record private activity.
DOES NOT INCLUDE glasses, contact lenses or similar device used to correct vision
Private lands and goods
“Ought reasonably to expect” to be private
Land (in private ownership) and any private premises on that land and Goods
Goods mean chattels and include vehicles and other tangible belongings
Def of trespass surveillance
Surveillance that involves trepass onto land or trespass to goods. This occurs the moment and enforcement officer steps onto private property without consent
What is an 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 private communication
NOT INCLUDING hearing aids or similar used to correct subnormal hearing of the user
Def of voluntary oral communication
Communication between 1 or more persons where at least one party in the communication gives their consent for the communication to be recorded
Eg offender admits his role in drug ring and agrees to let police record his phone conversation with the ringleader
Eg CHIS agrees to wear a wire to record telephone conversations
Def of tracking device
SA
A) device that maybe used to help ascertain by electronic or other means either or both of the following:
(I) the location of a thing or person
(ii) whether a thing has been opened, tampered with or in some other way dealt with BUT
Doesn’t include a vehicle or other means of transport such as a boat or helicopter
A SDW MAY AUTHORISE THE USE IF A TRACKING DEVICE TO OBTAIN EVDENTIAL MATERIAL FIR TBR INVESTIGATION OF “ANY OFFENCE PUNISHABLE BY IMPRISONMENT”
Def of RGTB
Having the sound basis for believing that a situation or circumstances exist
Eg you enter and search a house or vehicle or search a person because you BELIEVE a search will find evidential material you are looking for
Def of RGTS
Having a sound basis for suspecting that a situation or circumstances exists
Eg you enter a house or vehicle because you SUSPECT an offence has been, is being, or is about to be committed there
What is a surveillance device
MC
Device which assists and enhances your normal capabilities to carry out their surveillance, Can be any one of the following:
Visual surveillance device
Interception device
Tracking device
Surveillance – section 46 activities for which suits surveillance device warrant required
Observation of private activity in private premises and any recording of the observation by means of a visual surveillance device
Surveillance – section 46 activities for which surveillance device required
WHAT ARE THE EXCEPTIONS
– Situations of emergency or urgency (although use of a surveillance device in the situations may still be reported in the online system)
- Activities that do not require a warrant
Tresspass and trespass surveillance
Restrictions on use of surveillance devices
Only be authorised for obtaining evidential material for a serious offences
Serious offence is an offence punishable by seven years imprisonment or more
Section 46 activities for which surveillance warrant required that involves trespass onto private property
Surveillance curtilage limitations.
Section 46 activities for which surveillance device weren’t required (e)
Observation of private activity in the curtilage of private premises, and any recording of the observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected in series of instigation, exceeds
(1) 3hrs in any 24hr period
(2) 8hrs in total
Eg Constable Brown receives information a man is growing cannabis in an area behind his house. The information is not substantiated and constable Brown decides to begin his investigation by viewing the property through his binoculars from a nearby hill to determine if a cannabis plot can be seen on the property
Def of interception device
In relation to a private communication, includes hear, listen to, record, monitor, acquire or receive the communication either
When is it’s taking place or
While it is in transit
Surveillance limitations on the use of an interception device
A surveillance device warrant will only be authorised for use of an interception device for gathering evidential material for:
SA
– Offences punishable by seven or more years imprisonment
- identified Arms act 1983 offences
– identified psychoactive substances act 2013 offences
