Search And Surveillance 2012

Question 1

What is a surveillance device

Answer 1

1. An interception device
2. A tracking device
3. A visual surveillance device

Question 2

Section 7

Answer 2

Entry without warrant to arrest person unlawfully at large
Suspect person unlawfully at large
Believe they are there

Question 3

Section 8

Answer 3

Entry without warrant to avoid loss of offender or evidential material
Suspect committed offence
Believe they are there or CADD

** No power to search for evidential material

Question 4

Section 9

Answer 4

Stopping a vehicle to find persons unlawfully at large or who have committed imprisonable offence

Suspect person unlawfully at large or committed imprisonable offence

Believe they are in or on vehicle

Question 5

Section 10

Answer 5

Powers and duties after vehicle stopped

Require details from person suspected at large or committed offence

Search vehicle for person

Search vehicle for evidential material it was stopped for if arrested or seen fleeing

Question 6

Section 15

Answer 6

Entry without warrant to find and avoid loss of evidential material relating to 14+ year offences

Suspect offence committed or being or about to be

Believe evidential material in place and CADD

Question 7

Section 16

Answer 7

Searching people in public place for evidential material 14+ year offence

Believe person in possession of evidential material

Question 8

Section 17

Answer 8

Search of vehicle in public place for evidential material to 14+ year offence

Believe that evidential material is in or on vehicle

Question 9

Section 18

Answer 9

Searches associated with arms

Question 10

Section 20

Answer 10

Search of places and vehicle in relation to MODA 75

Suspect offence committed
Believe evidential material will be CADD

Question 11

Section 21

Answer 11

Search of people found in or on places or vehicles

Question 12

Section 22

Answer 12

Search of people in public place for MODA 75

Suspect offence committed
Believe evidential material is on person

Question 13

Section 27

Answer 13

Search people in public for offensive weapon

Suspect person has committed offence

Question 14

Section 28

Answer 14

Search vehicles for offensive weapon

Suspect vehicle may have weapon

Question 15

Section 83

Answer 15

Entry with warrant after arrest

Believe evidential material is in place

Question 16

Section 84

Answer 16

Entry of vehicle after arrest

Believe evidential material in vehicle

Question 17

Section 112

Answer 17

Seize items of uncertain status

Question 18

Section 117

Answer 18

Holding powers while search warrant pending

6 hour expiry
Warrant is granted
Warrant is refused

Question 19

Section 121

Answer 19

Stopping vehicle for search under warrant or another power

Question 20

Section 123

Answer 20

Seizure of items in plain view

Question 21

Section 45

Answer 21

Restrictions on some trespass surveillance and interception device

Except evidential material for 7+ year offence or arms act

Question 22

Section 46

Answer 22

Surveillance device required

Unless;
Observing private activity without use of a surveillance device from public areas
Observe private activity in cartilage of private premise by means of surveillance device for
3 hours in 24 hour period
8 hours total in investigation

Question 23

Section 47

Answer 23

Activities do not require warrant

Lawfully on private premises recording what you observe or hear without surveillance device

Conduct audio recording if 1 has consented

Question 24

Section 48

Answer 24

Emergency surveillance

48 hour restriction