Search and Surveillance Flashcards
(17 cards)
Define Curtilage
S&S 2012
Land immediately surrounding a house or dwelling.
Including any closely associated buildings and structures.
Excludes any associated open fields.
Boundary within which a home owner can have a reasonable expectation of privacy.
R v Laugalis
S&S 2012
Search conducted pursuant to a warrantless power was unreasonable because there were no urgent circumstances and a warrant could have been applied for.
Section 7
S&S 2012
Entry without warrant to arrest person unlawfully at large.
RGTS - Unlawfully at at large
RGTB - The person is there
Section 8
S&S 2012
Entry without warrant to avoid loss of offender or evidential material.
RGTS - Committed an imprisonable offence.
RGTB - Person in that Place or vehicle
Section 9
S&S 2012
Stopping a vehicle to find person unlawfully at large or who have committed imprisonable offence.
RGTS - Unlawfully at large and committed an offence
RGTB - Person is in or on the vehicle
Section 10
S&S 2012
Powers and duties of the constable after vehicle stopped
Section 15
S&S 2012
Entry without warrant to find and avoid loss of evidential material relating to 14+ offences.
RGTS - 14+ offence has been, or is, or about to be committed.
RGTB - Evidential material is in that place, and CADD
Section 16
S&S 2012
Searching People in public place without warrant for evidential material.
RGTB - Person is in possession of evidential material.
Section 17
S&S 2012
Warrantless entry and search of vehicle for evidential material.
RGTB - Evidential material relating to that offence in the vehicle.
Section 18
S&S 2012
Fire Arms
RGTS - Carrying, possession or under their immediate control
AND
Breach of the arms act, physical / mental state condition - incapable, may kill or cause GBH, Protection Order or grounds to make PO
Section 20
S&S 2012
Drugs - Warrantless search of Place and vehicle re: MODA
RGTB - Impractical to obtain a warrant AND in or on the vehicle or place there is: a controlled drug.
Entry and search is not carried out immediately than CADD.
Section 112
S&S 2012
Items of uncertain status may be seized.
Not reasonably practicable to determine, seize and for purpose of examination or analysis.
Section 117
S&S 2012
Special Powers where application for search warrant pending.
Enter, secure the place / vehicle, direct any person to assist.
6 hours.
RGTB - CADD
Section 123
S&S 2012
Seizure of items in plain view.
You must be doing: Search warrant, in a lawful place or vehicle or conducting a lawful search.
Surveillance Device
Interception Device (private comms), tracking device and visual surveillance and visual observations of private activity in the curtilage.
Section 46 (E)
S&S 2012
Observe private activity without the use of a surveillance device from Public areas.
Observe private activity in the curtilage of private premises by means of surveillance device:
Not more than 3 hours in any 24 hour period or 8 hours in total.
Section 48
S&S 2012
Surveillance device warrant need not be obtained for use of surveillance device in some situations or emergency or urgency.
- For up to 48 hours
- Offence of 14 years +
