Search and Surveillance

Question 1

RGTB

Answer 1

• Higer standard than suspect
• Exists where privacy interest exist
• The state of affairs actually exists
• Matter of fact
• Cumulative effort of factors

Question 2

RGTS

Answer 2

• Lower standard of suspect
• The proposition is regarded as inherently likely
• E.G suspect an offence has been committed.

Question 3

Reasonabe grounds

Answer 3

Must be able to clearly describe reasonable grounds for belief or suspicion.
- Notebooks entries

Question 4

What is evidential material?

Answer 4

in relation to an offence or suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.

Question 5

CADD

Answer 5

is there a possibility that evidential matetial will be CADD

You must be able to explain RGTB CADD may occur.

Question 6

What is a surveillence device?

Answer 6

a device that is any 1 or more of the following kinds of devices:
- An interception device
- A tracking device
- A visual surveillance device

Question 7

Interception Device

Answer 7

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.

Does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.

Question 8

Tracking Device

Answer 8

Means a device that may be used to help ascertain, by electronic or other means, either or both of the following:
i) the location of a thing or a person.
ii) whether a thing has been opened, tampered with, or in some other way dealt with, but

does not include a vehicle or other means of transport, such as a boat or helicopter

Question 9

Visual Surveillance Device

Answer 9

Means any electronic, mechanical, electromagnetic, optical, or electro-optical, apparatus, equipement or other device that is used or capable of being used to observe or to observe and record, a private activity.

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

Question 10

timings for surveillance device warrant

Answer 10

3 hours in an any 24 hour period or 8 hours in total

Question 11

Does a covert audio recording require a SDW?

Answer 11

Making a covert audio recording of a conversation does not require a SDW

Question 12

Private Activity

Answer 12

Private activity means activity that, in circumstances, any 1 or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants.

Question 13

Section 7

Answer 13

Entry without warrant to arrest person unlawfully at large.
- Enter place or vehicle
- RGTS unlawfully at large
- RGTB person is there

Question 14

Examples of unlawfully at large

Answer 14

• WTA
• Prison escapee
• Escapee lawful custody
• Special or restricted patient that has escaped or failed to return
• Young Person who has absconded from custody

Question 15

Section 8

Answer 15

Entry without warrant to avoid loss of offender or evidential material
- Enter a place or vehicle
- Search and arrest person that constable suspects has committed the offence

• RGTS person has commited imprisonable offence.
• RGTB person is in there
• RTGB if entry isn’t immediate, the person will leave to avoid arrest, EM will be CADD

Question 16

Section 9

Answer 16

Stopping vehicle to find person unlawfully at large or commited imprisonable offence.
- Stop vehicle
- RGTS person unlawfully at large or has commited imprisonable offence.
- RGTB that person is in or on vehicle.

Question 17

Section 10

Answer 17

Powers and duties of Constable after vehcile stopped.
If stopped under section 9:
- Require any person in the vehicle who you have RGTS unlawfully at large or commited imprisonable offence to supply details.
- Search the vehicle if RGTB person is in vehicle.
- Search the vehicle for EM in relation to any offence in respect of which the vehicle was stopped if the person has been arrested or seen fleeing from vehicle before he has been arrested.

Must tell the driver the object of the proposed search

Question 18

Section 15

Answer 18

Entry without warrant to find and and avoid loss of EM relating to certain offences.
- Enter and search place
- RGTS offence with 14 year + penalty has been or is being or is about to be committed
- RGTB EM is in that place and if entry is delayed EM will be CADD.

Question 19

Section 16

Answer 19

Searching people in public place without warrant for EM relating to certain offences
- search person in PUBLIC PLACE
- RGTB person is in possession of EM relating to offence with penalty 14+ years

Question 20

Section 17

Answer 20

Warrantless entry and search of vehicle for EM relating to certain offences.
- Enter and search vehicle in PUBLIC PLACE
- RGTB EM relating to 14+ year offence is in there

Question 21

Section 18

Answer 21

Warrantless searched associated with arms
- RGTS offence against the arms act, harm by firearm, protection order, incapable of proper control
- May search person, anything under their control, enter place or vehicle
- sieze and detain arms and any FLIC

Question 22

Section 20

Answer 22

Warrantless search of place and vehicle in relation to MODA offences
- Enter and search place or vehicle
- RGTB controlled drug in the place or vehicle
- RGTS offence agaisnt MODA has been, is being or is about to be committed.
- RGTB if entry is delayed, EM will be CADD.

Question 23

Section 21

Answer 23

Warrantless search of people found in or on places or vehicles.
- Can search any person in the place or in or on the vehicle in section 20

Question 24

Section 22

Answer 24

Warrantless search for controlled drugs and precursor substances if offence suspected against MODA75.
- Search a person
- RGTB person is in possession of controlled drug.
- RGTS offence against MODA has been, is being or is about to be committed.

Question 25

Section 27

Answer 25

Searching people in public places without SW if offence agaisnt 202(4)(A) Crimes Act suspected.
- Search person in public place
- RGTS offence agaisnt 202(4)(a)

Question 26

Section 28

Answer 26

Searching vehicle without warrant if offence against 202A suspected.
- Search the vehicle
- RGTS person in vehicle commited offence against 202A
- Vehcile contains a knife, offensive weapon or disabling substance.

Question 27

Section 83

Answer 27

Entry without warrant after arrest.
- arrest person for offence
- RGTB EM relating to offence is in a place and will be CADD
- Can enter place without warrant to search for EM relating to offence (even if he wasnt arrested there)

Question 28

Section 84

Answer 28

Warrantless entry and search of vehcile after arrest
- Search vehicle after arrest
- RGTB EM is in or on vehicle.

Question 29

Section 112

Answer 29

Items of uncertain status may be seized
- Exercising search power
- Not reasonably practical to determine if it can be seized
- Seize for the purpose of examination to determine whether it may be lawfully seized.

Question 30

Section 117

Answer 30

Special powers when application for search warrant pending
- If SW application is being made or about to be made
- Enter and secure place or vehicle and any items within
- RGTB that evidence will be CADD before decision on SW is made.
- Expires after 6 hours first exercised, or warrant able to be executed or refused.

Question 31

Section 121

Answer 31

Stopping vehicles with or without warrant for purpose of search
- If stopping vehicle to undergo search power (SW or WS)
- Step the vehicle and give RAIN

Question 32

Section 122

Answer 32

Moving vehicles for the purpose of a search or safekeeping.
- Can move the vehicle to another place to search if impracticable at that place.
- Or if power to arrest a person, move the vehicle to another place if RGTB it is required for safe keeping.

Question 33

Section 123

Answer 33

Seizure of items in plain view
- If exercising search power or is lawfully in any place or vehicle.
- Seize any items that you have RGTB you could seize under any other power.
- Can exercise any applicable power under section 110 in relation to seizing.

Question 34

Section 45

Answer 34

Restrictions on some trespass surveillance and use of interception devices.
- Cannot undertake trespass surveillance except to get EM in relation to an offence 7 years + imprisonment or against arms act.
- Cannot use interception device unless getting evidential material in relation to 7+ years offence or offence against arms act.

Question 35

Section 46

Answer 35

Activities for which surveillence device warrant required.
1. Except as per section 47 and 48
2. Need a warrant to:
- Use interception device for private communication interception.
- Use of a tracking device.
- Observation of private activity in private premise and any recording of it by visual surveillance device.
- Use of surveillance device that involves trespass to land or goods.
- Observation and recording or said observation in curtilage or private premise, if it exceeds 3 hours in 24 hours or 8 hours total.

Question 36

Section 47

Answer 36

Activites that do not require a warrant under this subpart
- Recording what he or she sees or heard whilst lawfully on private premise, as long as you can see or hear without use of surveillance device.
- Covert audio recording of conversation between two people with the consent of at least one (if one is enforcement officer, cannot be actively elicited)

Question 37

Section 48

Answer 37

Surveillance device watrant need not be obtained for the use of surveillance device in some situations of emergency or urgency.
- Not exceed 48 hours.
- Entitled to apply for a warrant but impractical in the circumstances.
- RGTS:
- 14+ year offence is being has been or about to be committed
- Emegency and BELIEVE use of surveillance device is required to prevent offending being committed, continuing or avert emergency.
- Firearms offence BELIEVE surveillance device is required to facilitate seizure of arms.
- Drugs offence and BELIEVE that the use of surveillance device would obtain EM in relation to the offence.

May use force to enter any premise, area or vehicle, break things open or remove and return vehicle in order to install, maintain or remove the device as well as access and use electicity to power it.