Search and Surveillance and Electronic Cyber Crime Flashcards Preview

CIK100 DDP 2018 > Search and Surveillance and Electronic Cyber Crime > Flashcards

Flashcards in Search and Surveillance and Electronic Cyber Crime Deck (73):
1

When considering any search, you must, where ever possible do what?

1 - Apply for a search warrant
2 - Use warrantless powers
3 - Undertake a consent search

2

What would most likely happen if you conducted an unlawful search?

Any evidence gathered may not be admissible.

3

When should you apply for a search warrant?

If you do not believe that the delay involved in obtaining a search warrant will make it impractical to achieve your purpose in exercising the power, then you must apply for a search warrant.

4

When should you use warrantless powers?

If you believe that the immediate exercise of the power is necessary to achieve its purpose then you should use the relevant warrantless power.

5

When should you conduct a consent search?

A consent search is not the most desirable action. This is because consent can be withdrawn at any time. If not conducted in accordance with the Act, and for the purposes outlined in the Act, a consent search may be unlawful.

6

Section 91 with reference to consent searches tells us what?

If you have a statutory power to search a person, vehicle, place or thing then you must use the statutory powers contained within the Search and Surveillance Act 2012.

7

To use a search power form the Search and Surveillance Act 2012 you must record what before you conduct any search?

You must record your reasonable grounds to suspect/or believe that were known at the time a warrantless power was used. You may need rely on this record in court.

8

When using a search power to search a, place, vehicle or thing what must you inform the owner/occupier/person in charge?

The reason for the search, who is invoking the power and searching, what authority gives them the power to search, and what the search is looking for.

9

Under section 7, we are given the warantless power to do what?

Enter and search when effecting an arrest.

10

What must an officer have before they can invoke this power? (7)

- Suspect that a person is unlawfully at large; and
- to believe that the person is there

11

What power does section 7 give once it has been invoked?

The power to;
- Enter the place or vehicle without warrant
- Search the place or vehicle for the person for the purpose of arresting them.

12

Under section 8, we are given the warrantless power to do what?

Enter to avoid loss of offender or evidential material

13

What must an officer have before they can invoke this power? (8)

You must have reasonable grounds to suspect;
- A person has committed an offence punishable by imprisonment and for which they may be arrested without warrant
And reasonable grounds to believe;
- The person is in or on the place or vehicle, and
- if entry is not effected immediately:
- the person will leave to avoid arrest, or
- evidential material relating to the offending for which the person is to be arrested will be destroyed, concealed, altered, or damaged.

14

What power does section 8 give once it has been invoked?

The power to;
- Enter the place or vehicle without warrant
- Search the place or vehicle for the person for the purpose of arresting them.

This power does not give you the power to search for evidential material.

15

Under Section 9, we are given the warrantless power to do what?

Stop a vehicle to find person unlawfully at large or who have committed certain offences (Imprisonable offences)

16

What must an officer have before they can invoke this power? (9)

Reasonable grounds to suspect:
- A person is unlawfully at large, or
- has committed an offence punishable by imprisonment
And has reasonable grounds to believe:
- The person is in or on the vehicle.

17

What power does section 9 give once it has been invoked?

The power to stop a vehicle for the purpose of arresting that person.

18

What does section 10 cover?

Powers and duties of constable after vehicle stopped

19

What must an officer have before they can invoke this power? (10)

Reasonable grounds to suspect:
- A person is unlawfully at large, or
- has committed an offence punishable by imprisonment
And has reasonable grounds to believe:
- The person is in or on the vehicle.

20

What power does section 10 give once it has been invoked?

The power to require the person suspected of being unlawfully at large or having committed an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth, and:
The power to search the vehicle for that person, and:
The power to search the vehicle for evidential material in relation to the offence the vehicle was stopped for if:
- the person has been arrested; or
- is seen fleeing from the vehicle before he or she can be arrested

21

Under Section 15, we are given the warrantless power to do what?

Entry without warrant to find or avoid loss of evidential material relating to certain offences

22

What must an officer have before they can invoke this power? (15)

Reasonable ground to suspect;
- That an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed, and;
Reasonable grounds to believe;
- That evidential material relating to the offence is in that place, and;
- that, if entry is delayed in order to obtain a search warrant, the evidence material will be destroyed, concealed, altered, or damaged.

23

What power does section 15 give once it has been invoked?

The power to enter a place without warrant, and
the power to search the place for evidential material

This power covers any vehicles in the place you are searching but does not include any vehicle in a public place

24

Under Section 16, we are given the warrantless power to do what?

Search people in public places without warrant for evidential material relating to a certain offence

25

What must an officer have before they can invoke this power? (16)

Reasonable grounds to believe the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more

26

What power does section 16 give once it has been invoked?

The power to search a person without warrant in a public place

27

Under Section 17, we are given the warrantless power to do what?

Enter and search a vehicle for evidential material relating to certain offences

28

What must an officer have before they can invoke this power? (17)

Reasonable grounds to believe the evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle

29

What power does section 17 give once it has been invoked?

Enter a vehicle that is in a public place without warrant and;
Search the vehicle for evidential material

30

Under Section 18, we are given the warrantless power to do what?

Warrantless searches associated with arms (Firearms)

31

What must an officer have before they can invoke this power? (18)

Reasonable grounds to suspect;
- is carrying arms, or
- is in possession of them, or
- has them under his or her control, and
- he or she is in breach of the arms act 1983; or
- he or she, by reasons of his or her physical or mental condition,
(i) is incapable of having proper control of the arms; or
(ii) may kill or cause bodily injury to any person; or
That, under the Domestic Violence Act 1995
(i) a protection order or police safety order is in force against the person; or
(ii) there are grounds to make an application against him or her for a protection order

32

What power does section 18 give once it has been invoked?

The power to;
- search the person
- search any thing in the person's possession or under his or her control (Including a vehicle)
- Enter a place or vehicle to carry out any search mentioned above
- Seize and detain any arms found
- Seize and detain any licence under the arms act 1983 that is found

33

Under Section 20, we are given the warrantless power to do what?

Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences

34

What must an officer have before they can invoke this power? (20)

Reasonable grounds to suspect;
- In or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or substance, and;
Reasonable grounds to believe;
- It is impractical to obtain a warrant, and
- in or on the vehicle or place there is:
- A controlled drug specified or described in schedule 1, part 1 or schedule 2, part 1 or schedule 3 or a precursor substance specified or described in part 3 of schedule 4 of the Misuse of Drugs Act 1975, and
- If the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered or damaged,

35

What power does section 20 give once it has been invoked?

Enter the vehicle or place and;
Search the vehicle or place.

36

Under Section 21, we are given the warrantless power to do what?

Warrantless search of people found in or on places or vehicles

37

What power does section 21 give once it has been invoked?

A constable conducting a search of a place or vehicle under section 20 may, without warrant search any person found in or on the place or vehilce

38

Under Section 22, we are given the warrantless power to do what?

Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975

39

What must an officer have before they can invoke this power? (22)

Reasonable grounds to suspect;
- An offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or substance, and;
Reasonable grounds to believe:
A person is in possession of:
-A controlled drug specified or described in schedule 1, part 1 or schedule 2, part 1 or schedule 3 or a precursor substance specified or described in part 3 of schedule 4 of the Misuse of Drugs Act 1975

40

What power does section 22 give once it has been invoked?

The power to search a person

41

Under Section 27, we are given the warrantless power to do what?

Search people in public places without warrant if offences against section 202A(4)(a) of Crimes Act 1961 suspected (Offensive weapons)

42

What must an officer have before they can invoke this power? (27)

Reasonable grounds to suspect a person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances).

43

What power does section 27 give once it has been invoked?

Search the person

44

Under Section 28, we are given the warrantless power to do what?

Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected

45

What must an officer have before they can invoke this power? (28)

Reasonable grounds to suspect:
- a person travelling in the vehicle, or
- who has alighted from the vehicle
- is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (Which relates to possession of knives, offensive weapons, and disabling substances); and
- the vehicle contains a knife, offensive weapon, or disabling substance

46

What power does section 28 give once it has been invoked?

Search the vehilce

47

Under Section 83, we are given the warrantless power to do what?

Entry without warrant after arrest

48

What must an officer have before they can invoke this power? (83)

If you have arrested a person for an offence, and;
have reasonable grounds to believe:
- evidential material relating to the offending is at a place, and
- that evidential material will be destroyed, concealed, altered, or damaged if entry to that place is delayed to obtain a search warrant

49

What power does section 83 give once it has been invoked?

Enter the place, and
Search the place for evidential material relating to the offence (whether or not the person was arrested there)

Note: this section is also intended to allow you to search a vehicle at the place you are searching

50

Under Section 84, we are given the warrantless power to do what?

Warrantless entry and search of a vehicle after arrest

51

What must an officer have before they can invoke this power? (84)

If you have arrested a person for an offence, and:
you have reasonable grounds to believe evidential material relating to the offending for which the person was arrested is in or on a vehilce

52

What power does section 84 give once it has been invoked?

Enter the vehicle, and
search the vehicle

53

What does Section 112 relate to?

Items of uncertain status may be seized

54

What must an officer have before they can invoke this power? (112)

If you are executing a search power, and
you are uncertain;
- whether any item found may lawfully be seized, and
- it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search takes place.

55

What power does section 112 give once it has been invoked?

Remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized

56

What does Section 117 relate to?

Special powers where application for a search warrant pending

57

What circumstances must exist before this power can be invoked? (117)

- A search warrant is about to be made, or
- has been made, and
- has not yet been granted or refused by an issuing officer, and
- the officer is present at the place or vehicle is or is to be the subject of the application, and;
Has reasonable grounds to believe evidential material may be destroyed, concealed, altered, damaged, or removed before a decision is take to grant or refuse the issue of a search warrant.

58

What power does section 117 give once it has been invoked?

- Enter the place, vehicle, or other thing in respect of which authorisation to enter and search is being sought
- Secure the place, vehicle or other thing
- Secure any item or items found at that place, vehicle, or other thing
- Direct a person to assist with entry and securing of the place, vehicle, or other thing or the securing of items in it

59

Under Section 121, we are given the power to do what?

Stop vehicles with or without a warrant for purposes of search

60

What must an officer have before they can invoke this power? (121)

- Grounds to search the vehicle exist, or
- a warrant has been issued and is in force for the vehilce

61

What power does section 121 give once it has been invoked?

Power to stop the vehilce

62

Under Section 123, we are given the power to do what?

Seizure of items in plain view

63

What circumstances must exist before this power can be invoked? (123)

You must be:
- exercising a search power; or
- lawfully in any place or in or on a vehicle; or
- conducting a lawful search of a person, and
- finds any item in the course of carrying out the search or as a result of observations at the place or in or on the vehicle

64

What power does section 123 give once it has been invoked?

Seize the item

65

What does section 45 relate to?

Restrictions on some trespass surveillance and use of interception device

66

What must you be doing to use this power? (45)

Obtaining evidential material in relation to an offence;
- punishable by a term of imprisonment of 7 years or more, or
- against sections 44, 45, 50, 51, 54, or 55 of the Arms Act 1983

67

What power does section 45 give you?

- Undertake trespass surveillance
- Use an interception device

68

What does section 46 relate to?

Activities for which surveillance device warrant is required

69

What does this section ensure we do with regards to surveillance devices? (46)

Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant:
(a) use of an interception device to intercept communication,
(b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods,
(c) observation of private activity in private premises, and any recording of that observation, by means of visual surveillance devices,
(d) use if a surveillance device that involves trespass to land or trespass to goods
(e) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations exceeds:
(i) 3 hours in any 24 hour period; or
(ii) 8 hours in total

70

What does section 46 state you can do without a warrant?

- 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 a surveillance device; for a single investigation, or a connected series of investigations, for a period of observations that does not exceed:
- 3 hours in any 24 hour period; or
- 8 hours in total

71

Electronic Crime/ Cybercrime is becoming a bigger part of investigations. As a first responder what should you do when you have electronic material at a scene?

- Freeze the scene
- locate and secure the evidence
- document any action taken to ensure the integrity of the evidence trail
- protect perishable data physically and electronically

If there is reason to believe data may be encrypted contact the ECL before removing power from it

72

When dealing with electronic exhibits what should you do?

Immediately restrict access to the computer and other electronic devices and related material.

73

What should you not do?

Do not:
- attempt to access information on the computer at this stage
- allow the suspect near the computer or device as electronic data can be altered or destroyed.