Search and Surveillance

Question 1

Evidential Material

Answer 1

Evidence of the offence, tangible or intangible of relevance to the investigation.

Question 2

Curtilage

Answer 2

Land immediately surrounding a house or dwelling. Home owners have reasonable expectations of privacy.

Question 2

Warrant preference:

Answer 2

Time to apply and obtain?
Can the scene be secured?
Do I have sufficient staff?
Evidential material at risk?

Question 3

Informed consent

Answer 3

Reason for search, can withdraw at any time and must be over 14 and over.

Question 4

Section 10

Answer 4

Powers and duties after vehicle stops (details, search for person or evidence)

Question 4

CADD

Answer 4

Concealed, Altered, Damaged, Destroyed. (Must explain RGTB).

Question 5

Section 8

Answer 5

Entry without a warrant to avoid loss of offender or evidential material.

Question 5

Section 7

Answer 5

Entry without warrant to arrest a person unlawfully at large.

Question 6

Section 9

Answer 6

Stopping a vehicle to find a person unlawfully at large who has committed certain offences.

Question 7

Section 16

Answer 7

Searching people in public place without warrant for evidential material relating to certain offences (14 years+)

Question 7

Section 15

Answer 7

Entry without warrant to find and avoid loss of evidential material relating to certain offences (14 years+)

Question 7

Section 17

Answer 7

Warrantless entry and search of vehicle for evidential material relating to certain offences (14 years+)

Question 8

Section 18

Answer 8

Warrantless search relating to arms.

Question 9

Section 20

Answer 9

Warrantless search of places and vehicles in relation to drugs.

Question 10

Section 21

Answer 10

Warrantless search of people found in vehicles or places for drugs.

Question 11

Section 22

Answer 11

Warrantless search of people for drugs.

Question 11

Section 27

Answer 11

Warrantless search of people in public places for offensive weapons.

Question 12

Section 83

Answer 12

Entry of place after arrest (CADD).

Question 13

Section 84

Answer 13

Entry of vehicle after arrest.

Question 14

Section 112

Answer 14

Items of uncertain status may be seized.

Question 15

Section 117

Answer 15

Freezing a scene for a search warrant.

Question 16

Section 121

Answer 16

Stopping a vehicle for the purpose of a search

Question 17

Section 122

Answer 17

Moving a vehicle for the purpose of search or safekeeping.

Question 18

Section 123

Answer 18

Seizure of item in plain view.

Question 19

Section 45

Answer 19

Restriction on some trespass surveillance and use of interception devices.

Question 20

Section 46

Answer 20

Activities for which surveillance device warrant required.

Question 21

Section 47

Answer 21

Some activities that do not require warrant under this subpart.

Question 22

Section 48

Answer 22

Surveillance device warrants need not be obtained for use of surveillance devices in some cases.

Question 23

Surveillance activities requiring a warrant:

Answer 23

Intercepting private communication.
Tracking.
Visual observation of private activity on private premises.
Visual observation of private activity in the curtilage of private premises for longer than time specified.
Visual surveillance that involves a trespass.

Question 24

Surveillance activities not requiring a warrant:

Answer 24

Visual surveillance, interception or tracking without a device.
Visual surveillance with a device on non private property.