Flashcards in Search and Surveillance, Electronic Crime and Cybercrime Deck (58):
Define the term, arms.
Any firearm, pistol, restricted weapon, imitation firearm or explosive or ammunition.
A legal term to defind the land immeidately surrouding a house or dwelling i/e a place where 'common home activities' take place.
What is evidential material?
Evidence of the offence or any other item, tangible or intangible of relevance to the investigation.
What is a non-private premises?
A premises or part oa a premises to which members of the public are frequently permitted to have access to.
What is a private activity?
An activity where participants ought reasonably to expect not to be observed or recorded by no one except other participants
What is a private premises?
A private home or other premises that are not frequently open to members of the public.
What is a surveillance device?
Any device that is one or more of the following.
-an interception device, a tracking device, a visual surveillance device.
What is surveillance that involves treaspass to land or goods?
What does it mean when a person is unlawfully at large?
has an arrest warrant, has excaped from prison or is absent without leave, has excaped lawful custody, is a special or retricted patient and has escaped or failed to return from leave, is a young person absconded from CYF's custody.
Define what a visial surveillance device is?
Any electronic device that is capable of being used to observe or record a private activity.
In relation to the general principles in relation to search and surveillance what are the 2 main principles?
All searches must be lawful and reasonable
All searches must be authorised by legistlation, so must always either, execute a search warrant or exercise a warrantless power or conduct a consential search.
What are the consequences if a search warrant is conducted unlawfully or unreasonably or not authorised by legistlation (search warrant, warrantless search power or consential search).
The search would be unlawful and any evidence gathered may not be admissible.
What 3 things must you do, wherever possible in relation to searches?
1. apply for a search warrant.
2. use a warrantless search power
3. undertake a consent search.
Why is a consent search undesirable as a first option if you have a statutory power to search a person, vehicle, place or thing?
As the consent given by that person for searching can be withdrawn at any time.
Section 7 of the Search and Surveillance Act 2012 relates to what?
Entry without warrant to arrest person unlawfully at large.
What does Section 8 of the Search and Surveillance Act 2012 relate to?
Entry without warrant to avoid loss of offender or evidential material.
What are the 3 things you must have reasonable grounds to suspect in relation to Section 8 of the Search and Surveillance Act 2012 before entering a place or vehicle?
Suspect the person has committed an offence punishable by imprisonment,
believe that person is there and
believe that if entry is not effected immediately the person will escape or destroy, conceal, alter or damage and evidential material.
In relation to Section 7 of the Search and Surveillance Act 2012 what must a constable have reasonable ground to believe before entering a place or vehicle?
That person is unlawfully at large and
That person is at that place or in or on that vehicle.
Does section 8 give you the power to search for evidential material?
What does section 9 of the Search and Surveillance Act 2012 relate to?
Stopping a vehicle to find a person unlawfully at large or who has committed an imprisonable offence.
What 3 things must be satisfied in relation to section 9?
Must suspect that a person is unlawfully at large or
has committed an imprisonable offence and
believe that person is in the vehicle
What does section 10 of the Search and Surveillance Act 2012 relate to?
Powers and duties of Constables after the vehicle is stopped.
Section 10 relates to the powers and duties of contables after stopping a vehicle to find a person unlawfully at large or a person committing an imprisonable offence. What 3 things does section 10 allow you to do?
(a) Require a suspect in the vehicle to supply their details.
(b) Search the vehicle to locate the suspect
(c) Search the vehicle to locate property that is evidential in relation to any offence in which the vehicle was stopped for.
In relation to section 10 what must you inform the driver of if you have stopped a vehicle under section 9 and the driver is not the suspect.
You have to inform the driver of the reasoning behind the search.
Section 15 relates to the entry of a place without a warrant to find and avoid loss of evidential material relating to certain offences. What 2 things must be met to carry out a search?
Suspect that an imprisonable offence punishable by a term of 14 years or more has, is or about to be committed and
believe that evidential material relating to the offence is in that place and you believe if entry is delayed to obtain a searh warrant the evidential material will be destroyed, concealed, alterted or damaged.
What warrantless search power allows you to search vehicles at a place?
Section 15 allows you to search vehicles at a place that a section 15 search has been conducted at.
What does section 16 of the Search and Surveillance Act 2012 relate to?
Searching people in a public place, without warrant for evidential material relating to an offence punishable by 14 years imprisonment.
What does section 17 of the Search and Surveillance Act 2012 relate to?
Warrantless entry and search of a vehicle in a public place for evidential material relating to offences imprisonable by 14 years or more.
Section 18 relates to the warrantless search associated with arms. If a constable has reasonable grounds to suspect a person is in breach of the arms act 1983, has become physically or mentally incapable of having proper control of arms or may kill or cause bodily injury to any person or under the domestic violence act 1995 has a pso or po against them or grounds to be served against the, what 5 things does this act allow you to do?
Search a person,
Search anything in the persons possessions
Enter a place or vehicle to search
Seize and detain any firearms found
Seize and detain any licence under the arms act 1983 that is found.
In what other conditions under Section 18 of the Search and Surveillance Act 2012 can a constable without a warrant enter a place or vehicle and search and seize any arms found or licences found?
If a catergory 3 or 4 offence has, is or about to be committed.
What section of the Search and Surveillance Act 2012 allows you to search a place or vehicle without warrant in relation to the misuse of drugs act 1975 offences?
To envoke a section 20 search at a place or in a vehicle what must the officer have reasonable grounds to believe?
That is is not practicable to obtain a search warrant,
a controlled drug or a precursor substance is suspected to be in the place or vehilce and believe if a search is not carried out that the evidential material will be damaged, altered, concealed or damaged.
What section of the Search and Surveillance Act 2012 allows you to search a person who is found at the place or in a vehicle where a Section 20 search has been envoked?
Section 21 Search and Surveillance Act 2012
What power under the Search and Surveillance Act 2012 gives you the power to search a person for a controlled drug or precursor subtance, without warrant if an offence is suspected under the misuse of drugs act 1975 when sections 20/21 do not apply?
Section 22 Search and Surveillance Act 2012.
What section under the Search and Surveillance Act 2012 gives you the warrantless power to search a person in a public place if an offence against section 202a (4)(a) of the crimes act 1961 is suspected?
Section 27 Search and Surveillance Act 2012.
What does section 202a of the crimes act 1961 relate to?
A person in possession of knives, weapons and disabling subtances. (offensive weapons).
What section under the Search and Surveillance Act 2012 gives you the warrantless power to stop and searcha vehicle without warrant if an offence under section 202A is suspected?
Section 28 Search and Surveillance Act 2012.
What does section 83 of the Search and Surveillance Act 2012 allow you to do?
Enter a place or vehicle without a warrant after arrest to search for evidential material relating to the offence of arrest.
Section 83 of the Search and Surveillance Act 2012 relates to the entering and search of a place for evidential material after arrest that relates to the arrest, what section allows you to enter and search a vehicle in a public place?
Section 84 Search and Surveillance Act 2012.
What does section 112 of the Search and Surveillance Act 2012 allow you to do?
Seize items of uncertain status that are found when conducting a search and it is not reasonable practicable to determine the status of that item at that time.
What does section 117 of the Search and Surveillance Act 2012 allow you to do?
Enter and secure a place or vehicle if a search warrant application his about to be made or has been made and not yet granted.
How long can you hold an address or vehicle under section 117 without a warrant?
What are the main powers under section 117?
Enter a place/vehicle
Secure the placevehicle
Secure any items found at that place
Direct assistance with entry
Under section 121 you can stop a vehicle with or without a warrant for the purposes of a search. What grounds must be satisfied before stopping the vehicle in relation to this section?
That grounds to search the vehicle exist and a warrant has been issued and is enforce.
What section of the Search and Surveillance Act 2012 allows you to seize items in plain view and when does this section apply to an officer?
This section applies to an officer who is exercising a search power or is lawfully in any place or in a vehicle or is conducting a lawful search of a person. The section allows officers to seize items in plane view that could have been searched using a search warrant or warrantless power.
What does section 46 of the Search and Surveillance Act 2012 relate to?
Restrictions on some trespass surveillance and interception devices.
In relation to section 46 when can an officer undertake trespass surveillance or use an interception device?
When obtaining evidential material in relation to an offence punishable by 7 years or more imprisonment.
According to section 46 of the Search and Surveillance Act 2012, on what 5 occassions is a surveillance device warrant required?
a. when using an interceoption device to intercept private communication.
b. use of a tracking device
c. observation of private activity in private premises (visually)
d. use of a surveillance device that involves trespass to land or goods.
e. observation of private activity in curtilage of private premises (visually and exceed 3 hours in 24 hours period or 8 hours in total).
In relation to section 46(e) what can you do without a surveillance warrant?
Observe private activity without the use of surveillance devices from a public area.
Observe private activity in the curtilage of private premises using a surveillance device for a single investigation or a connected series of investigations for a period that does not excess 3 hours in a 24 hours period or 8 hours in total.
Under section 47 of the Search and Surveillance Act 2012 what are some examples of when you do not require a surveillance warrant?
If an officer is lawfully in a private premises and records what they observe or hear manually.
Record audio between 2 or more persons if consent is gained from one of the parties.
What does section 48 of the Search and Surveillance Act 2012 relate to?
When a surveillance device warrant is not needed in situations of emergency or urgency.
What are the time restrictions in relation to Section 48?
May use a surveillance device for a period not exceeding 48 hour from when device first set up.
What are some examples of what the electronic crime lab do? (ECL)
Evidentially preserve data, forensically examine data, capture and download electronic data, provide advise.
What are some examples of what the National cybercrime centre do? (NC3)
Assist with internet related investigations
examine/determind the source of emails, help to located online evidence, investigate computer crime offences.
What are the 4 main things to do in relation to the preservation and recovery process in relation to cybercrime?
Freeze the scene, locate and secure the evidence, document action taken, protect perishable data, physically and electronically.
In relation to stand alone computers in relation to cyber crime what are some things to remember?
Isolate them from telephone lines
Check if its on
Don't turn it off or on
Pull out power plug.
Collect removable storage
Obtain log ins.
In relation to cellphones in relation to cyber crime what are some things to remember?
Leave how you found it - on or off.
If needing examination by ECL within a short time turn on to aeroplane mode.
If needing examination by ECL within a long time turn off after photographin.
Don't answer calls.
Collect PUK codes etc.
Assess seriousness and info sought.