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Drugs > Electronic Operations > Flashcards

Electronic Operations Flashcards

1
Q

What section covers drug dealing offences?

A

section 6 MODA 1975

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2
Q

Define evidential material?

A

evidence of the offence, or any item, tangible or intangible, of relevance to the investigation

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3
Q

What is private communication?

A

Communication made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties involved.

It does not include communication in circumstances where any party to the communication ought to reasonably expect the communication may be intercepted by some other person without the consent of any party involved to do so.

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4
Q

What is an interception device?

A

An electronic, mechanical, electromagnetic, optical or electro-optical (EMEOE) instrument, apparatus or other device used or capable of being used to intercept or record private communication.

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5
Q

What is EMEOE-IAD?

A

Electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus or other device

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6
Q

What is a visual surveillance device?

A

An electronic, mechanical, electromagnetic, optical or electro-optical (EMEOE-IAD) instrument, apparatus or other device used to observe, or observe and record, private activity.

It does not include spectacles, contact lenses or a similar device used to correct subnormal vision to no better than normal vision.

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7
Q

What is trespass surveillance?

A

Surveillance involving trespass of goods or land

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8
Q

What are the three types of surveillance device?

A
  • Interception device
  • Visual surveillance device
  • Tracking device
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9
Q

What is the definition of a tracking device?

A

A device that may be used to help ascertain, by electronic or other means, the location of a thing or person or whether a thing has been opened, tampered with or in some other way dealt with.

It does not include vehicles, boats or other means of transport.

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10
Q

What does section 45 S & S 2012 say about Surveillance device warrants (SDW)?

A

That no SDW rules authorise you to undertake trespass surveillance (other than by means of a tracking device) or use an interception device except to gather evidential material of:
- 7+ year offences
- Specified Arms Act, Psychoactive Substances Act and Crimes Act offences

Note - The specified offences differ slightly for trespass surveillance and interception devices

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11
Q

What does section 46 of S & S 2012 state about surveillance device warrants (SDW)?

A

Other than allowed by s47 and s48 a SDW is required to use:
- An interception device to intercept private communication
- A tracking device unless solely used to ascertain if something has been opened, tampered with or otherwise dealt with and it’s installation did not involve trespass of goods or land
- Use of a surveillance device involving trespass of land or goods
- Observation of private activity in private premises, and any recording of it, by means of visual surveillance device.
- observation of private activity in the curtilage of any private premises, and any recording of it, if any part of it is by means of visual surveillance device and the duration is over 3hrs in any 24hr period or 8hrs in total

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12
Q

What does s47 S & S 2012 state about SDW’s?

A

That no SDW is required for:
- An enforcement officer lawfully in a private premises recording what they observe and hear (so long as the surveillance device doesn’t capture more than they do)
- Covert audio recording of voluntary oral communication between two or more persons with the consent of at least one of them
- Activities authorised elsewhere in legislation

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13
Q

What is voluntary oral communication as is relates to SDW rules?

A

When at least one party to the communication gives consent for the communication to be recorded

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14
Q

What does s48 cover as it relates to SDW?

A

You can use a surveillance device for up to 48hrs if obtaining a SDW is impracticable, if you would be able to apply for a SDW for the activity and you have:
- RGTS 14+ year offence and RGTB evidential material (EM)
- RGTS a s14 emergency and RGTB it is necessary to avert the emergency
- RGTS someone is in possession of arms and as risk (as defined in s18(2)) and RGTB it is necessary to facilitate seizure of the arms
- RGTS category 3 or 4 Arms Act offence and RGTB EM
- RGTS MDOA 1975 offence and RGTB EM
- RGTB person possess a controlled delivery item (s81(2)) and RGTB it’s necessary to facilitate the seizure

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15
Q

What is the general rule as it relates to the restrictions S & S 2012 places on surveillance?

A

It restricts surveillance in places and individual ought to reasonable expectation are private

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16
Q

What is the case law for SDW’s?

A

R v McGinnis - a judge is not required to refuse a warrant because Police have not exhausted every conceivable alternative technique of investigation

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17
Q

If you enact s48 S & S 2012, what is best practice?

A

Begin writing a SDW incase the surveillance goes longer

18
Q

What are the conditions that must be met for a SDW to be issued?

A

Same as s6

  • RGTS an offence has, is or will be committed
  • RGTB evidential material will be obtained
19
Q

Is evidence obtained during the exercise of a SDW or s48, but not related to the reason for the warrant/surveillance, admissible?

A

It is not inadmissible merely for this reason so long as a SDW could have been issued or a surveillance device lawfully used.

20
Q

Section 64 of the Evidence Act protects the identity of informers. Discuss

A

s64 of the Evidence Act outlines that informers have privilege in respect of information which would disclose, or is likely to disclose, their identity

21
Q

What is the definition of an informant?

A

Someone who is not called as a witness and supplies, graciously or for reward, information to and enforcement agency, or a representative of a enforcement agency, concerning the possible or actual commission of an offence in circumstances where they have a reasonable expectation their identity will not be disclosed.

This includes undercover officers and observation post addresses and occupants.

22
Q

Case law for informers?

A

R v McGinty: The disclosure of the identity of alleged informants was not required under the Act…

The trial judge was correct in deleting parts of the application which would have been likely to lead to the identification of informants. However, the trail judge was entitled to insist on disclosure if they saw fit.

23
Q

On what grounds could informer privilege be overridden?

A
  • May be override to prevent a miscarriage of justice or enable an effective defence
  • Must override if a prima facie case shows the information was provided for a dishonest purpose or to allow commission of an offence
24
Q

Do exact location of interception devices need to be given in evidence?

A

No, protect these to preserve the investigative technique. Only disclose on order of a judge to prevent a miscarriage of justice.

25
Q

What are the rules for SDW applications?

A

It must:
- be on the prescribed form
- be applied for by a enforcement officer
- be directed to every enforcement officer who has authority to carry it out
- specify a period up to 60 days for it to be in force
- contain conditions as to providing a SDW report and as to privilege
- Include various other particulars such as the name of the issuing judge, provision authorising the application, type of surveillance device, taget/object of the warrant and the evidential material sought

26
Q

What are the reporting requirements for SDW’s and s48?

A
  • Must provide a written report to the issuing judge within 1 month of the expiry of the period for which he warrant was in force
  • A report must also be provided to a judge for s48 surveillance
27
Q

Upon submitting a report for a SDW, what could a judge order?

A
  • They could give direction on retention and destruction of evidential material obtained
  • Report breaches to the chief executive of the agency that executed the surveillance
28
Q

What are the rules to raw data obtained during surveillance?

A

It must be destroyed at the end of proceedings or after 3 years for ongoing investigations.

This can be extended by a judge for a further 2 years.

29
Q

Who can carry out a SDW?

A

Any or all of the persons to whom it is directed and any assistance who is called upon by them to assist, so long as they remain under direct supervision

30
Q

Who must provide approval for a SDW?

A

The district commander and legal section must be consulted

31
Q

Who will monitor/service interceptions from interception devices?What will they give the investigation team?

A

The Crime Monitoring Centre (CMC) will service electronic interception and provide investigation team with an application called “4Sight UCM” which contains lawfully obtained private communications

32
Q

When interceptions of private communication are part of evidence, what interceptions can the defendant request disclosure of?

A

All of them regardless of relevance. However, you may withhold them on the following grounds disclosure will:
- will prejudice maintenance of the law
- will endanger safety of people
- will prejudice the security and defence of NZ
- is personal and private or privileged
- breach s16 of the Criminal Disclosure Act as it relates to disclosure of relevant information

33
Q

How do intercepted communications need to be presented in evidence?

A

On top off the audio recording they must be verbatim transcribed.

If quality it poor experts may be called to help the court understand them

34
Q

What is the difference between a SDW and a production order as it relates to call associated data?

A

Production orders back capture data and SDW’s capture it on an ongoing basis.

35
Q

Where can you listen to call associated data from a SDW?

A

In voice box where a call associated data case will be set up.

36
Q

Telephone investigator should be one of….

A

The first appointments in an investigation

37
Q

What are the two main identifiers on phones by which they can be identified and tracked?

A
  • System Identification module (SIM)
  • International Mobile Equipment Identification (IMEI)
38
Q

If you are writing a SDW or production order what could you do to secure call associated data?

A

Contact the service provider and ask them to trap and store text data

39
Q

What steps should the telephone investigator take in the first 24 hrs of an investigation?

A
  • Trap phone data as soon as new mobile devices are identified
  • Establish a single person at a Telecommunication Service Provider to liase with
  • Draft a ongoing production order application order and update it as the investigation progresses
  • If it is an emergency consider s48 and requesting data from service providers on public interest grounds
  • Most major ops have an assigned analyst to is requested and used to assist in formatting raw data
  • Seek to prove ownership of SIMs and IMEIs
40
Q

Briefly describe the sections related to SDW’s

A

s45 - Restricts trespass surveillance and interception device use
s46 - Outlines activities requiring SDW
a47 - General exception to SDW requirements
s48 - Emergency provisions for SDW

Drugs (6 decks)

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