SNS 2012 Flashcards
(114 cards)
1
Q
Define RGTS
A
Having a sound basis for suspecting that a situation or circumstance exists
2
Q
Define RGTB
A
Having a sound basis for believing that a situation or circumstance exists
3
Q
what must you do when you have formed a belief or suspicion
A
You must:
- record your reasonable grounds for using a search power in your notebook. this is your decision log
Be aware you may also be required to:
- report your decision to use a power and grounds for using it
- justify your use of a power in court or in other formal proceedings
4
Q
what is an example of RGTS and RGTB
A
You receive information from a source that john has purchased meth. Your source tells you john has now left his home to visit a house in town where he may attempt to sell the meth
To undertake warrantless search under s22 you must:
- have RGTS that an offence against the misuse of drugs act 1975 has been, is being, or is about to be committed in respect of that controlled drug or precursor substance; AND
- RGTB that a person is in possession of a controlled drug or precursor substance
5
Q
what is a lawful search under SNS Act 2012
A
A search that is conducted:
- with a search warrant
- under a warrantless search power
- with a persons consent
6
Q
what is a reasonable search under SNS 2012
A
A search that complies with s21 of the NZ Bill of Rights Act and considers factors such as:
- the nature of the search
- how intrusive the search is
- where and when the search takes place
7
Q
when deciding whether or not it is practical to apply for a search warrant (formulating RGTB that a search warrant is not practical) what questions should you consider
A
- is there time to gain approval and apply for a search warrant
- can the scene be secured under s117
- are reasonable resources (including staff) available to minimise risk and ensure safety
- is the evidential material at risk
- location of the search and who may be present
Remember to record this in decision log
8
Q
what are the advantages of using a search warrant
A
using search warrant:
- ensures judicial oversight
- provides greater protection for Police and the public
- requires recording and reporting of results
This provides a series of checks and balances to protect both police and members of the public
9
Q
what is the search warrant process
A
- initial approval
- application
- authorisation
- execution
- final reporting of outcomes
10
Q
what must you confirm before conducting a search by consent
A
you must determine that the search is for one of the following reasons:
- to prevent the commission of an offence
- to investigate whether an offence has been committed
- to protect life or property
- to prevent injury or harm
11
Q
what must you advise a person before conducting a consent search
A
You must advise the person:
- the reason for the proposed search; and
- that they may consent or refuse to consent to the search
- that they may withdraw their consent at any time
12
Q
who is unable to consent to a search
A
a person under 14 years of age cannot consent to the search of a place, vehicle or other thing (unless they are found driving with no passenger of or over 14 years of age with authority to consent to the vehicle’s search)
13
Q
do you need to report a consent search
A
Under the SNS Act reporting requirements - No
14
Q
what is the definition of evidential material, tangible and intangible
A
in relation to an offence or a suspected offence, means evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence
tangible means something that may be touched
intangible means unable to be touched, not having physical presence eg email address or access information to an internet data storage facility
15
Q
what is CADD
A
when considering whether to use a warrantless search power, amongst other things you should consider if evidential material will be subject to CADD
Concelaed - burying, hiding or removing items
Altered - changing or removing serial numbers
Damaged - cutting out firewall of stolen car to remove identification features
Destroyed - consuming food, alcohol, drugs or burning clothing
You must have RGTB the evidential material you are searching for will be subject to CADD
16
Q
what are your s131 obligations when searching a place, vehicle or other thing
A
your obligations cover identification, intention, reason and notice requirements where before initial entry you must:
- identify yourself by name or by unique identifier number (QID)
- announce your intention to enter and search
- state the name of the act
- give notice by providing a copy of the search warrant
- remember that when you have detained a person for the purpose of a search you must caution them (Bill of rights)
- if using a warrantless power you must also state the reason for your search
17
Q
what must you provide as part of your obligations under s131
A
- a copy of the search warrant or a warrantless search notice to occupier (POL1275)
- an inventory of items seized
18
Q
what is your s131 obligation regarding notice
A
s131 requires that before or on initial entry into or onto the place, vehicle or other thing, you must give written notice to the occupier or person in charge
If executing search warrant - a copy of search warrant
if using warrantless power:
- state name of enactment and reason for search under that enactment (unless impractical)
- provide POL1275 search notice to occupier
19
Q
when are you not required to comply with s131 on initial entry
A
- when you have rgtb that no one is present; or
if you have rgtb that complying with s131 requirements will - endanger any persons safety
- prejudice the successful use of the entry and search power
- prejudice ongoing investigations
20
Q
what if person is not there or person refuses entry
A
- you may use reasonable force to gain entry if person refuses or if person does not allow entry within a reasonable time following request
21
Q
if the person is not home, what must you leave after completing your search
A
you must leave a copy of the search warrant or a POL1275 search notice to occupier and an inventory of any material seized (POL268).
This must be done as soon as possible after search and must be provided within 7 days of completing the search
22
Q
what does s110 authorise you to do
A
- enter and search place, vehicle or other thing that you are authorised to search
- search any item or items found in that place, vehicle or thing (if reasonable)
- use reasonable force in respect of any property for the purpose of carrying out the search and lawful seizure
- seize anything that is the subject of the search or anything else that may be lawfully seized
- request assistance with entry and search
- bring and use any equipment found on the place, vehicle or other thing
- bring and use a trained law enforcement dog and its handler
- copy any document, or part of any document, that may be lawfully seized
- access a computer system or other data storage device
- copy intangible material eg computer data
- take photographs, sound and video recordings and drawings
23
Q
what is your power under s116
A
The person carrying out a search may, in a manner and for a duration that is reasonable for the purposes of carrying out the search,—
(a)
secure the place, vehicle, or other thing searched, any area in or on that place, vehicle, or other thing, or any thing found in or on that place, vehicle, or other thing:
(b)
exclude any person from the place, vehicle, or other thing searched, or from any area within the place, vehicle, or other thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of any power under this subsection.
24
Q
what is your power under s118
A
If any constable or other person, or a person assisting any constable or other person, exercises a search power in relation to a place or vehicle, that constable or other person may, for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search, detain any person—
(a)
who is at the place or in or on the vehicle at the commencement of the search; or
(b)
who arrives at the place or stops at, or enters, or tries to enter, the vehicle while the search is being carried out.
25
what is your power under s119
s119 allows you to search people found when searching places and vehicles if you have RGTB that evidential material that is the object of the search is on that person or
if you if have rgts that the person is in possession of a dangerous item that poses a threat to safety and you believe immediate action is required to address that threat
26
what is your power under section 120
if in fresh pursuit and with rgtb that relevant evidential material is still on the person you have the power to enter any place to apprehend the person and search the person or vehicle
27
what is AWOCA and when do you use
if a person resists a search use AWOCA process
Ask - greet the person and identify yourself. ASK person to comply with search
Why - give the reasons for your actions.
- intention to search under SNS Act 2012
- based on belief/suspicion
Options - present options
- allow for search or
- be arrested for obstruction
Confirm - confirm that the person understands the options
Action - take action
- arrest for obstruction
28
what power does section 125 give you
s125(1)(i) - can search any item that the person is wearing, carrying, has in their physical possession or immediate control
s125(1)(j) - can seize any item that the person is wearing or carrying if thats the item you're searching for
s125(1)(j) - may also seize any item that may be lawfully seized
remember to promptly provide an inventory of these items on a POL268
29
if a detained person tries to leave the place or vehicle you are searching what can you do
use reasonable force to detain the person to be searched - s118(4)
30
if someone arrives at the place or vehicle and starts talking to the person you have detained under s118 what can you do
EXCLUDE - under s116, if RGTB person will obstruct or hinder your powers under s116(1)(b)
DETAIN - under s118(1) if person is determined to have connection between them and object of search
SEARCH - if RGTB person has evidential material on them s119(1)
SEARCH - if RGTS person may have dangerous item that poses threat to safety and you believe you need to act immediately to address that threat - s119(1)(a)(b)
31
what is privilege
privilege allows holders of particular information to refuse to disclose the information - this information is recognised as privileged information
- no privilege applies if the information is made received compiled or prepared for a dishonest purpose or to enable or aid any person to commit an offence
32
what are some examples of recognised privileged material
material gained through communication with:
- legal advisors
- ministers of religion
- medical practitioners
- clinical psychologists
- informers
- journalists
33
what must you do when a search involves privileged material held by a person
You must:
- ensure that the person or their representative is present when the search is undertaken
- give the person reasonable opportunity to claim privilege
34
how does s21 of the nzbora 1990 relate to search warrants
everyone has the right to privacy in their own home and the right to refuse entry
Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.
35
what are the key steps in the search warrant process
1. gain prior approval
2. gain online approval
3. gain issuing officer authorisation
4. plan and brief search warrant execution
5. execute search warrant
6. report outcomes
7. file investigation records
36
is a search warrant practicable, what are the options
- apply for a search warrant orally
- apply for a search warrant without approaching issuing officer in person (over phone)
- secure a scene while you apply for a search warrant for a maximum period of 6 hours (s117)
37
what 4 things should you ensure before making an online application
1. be sure there are RGTS that an offence punishable by imprisonment has been, will be, is being or is about to be committed AND
RGTB that the search will find evidential material in respect of the offence in the place, vehicle, other thing or facility
2. have checked the targets history in NIA for other search warrant applications/outcomes
3. have assessed the risks associated with executing the search warrant
4. have obtained initial approval from a supervisor at or above the rank of sergeant to proceed with an online application
38
for risk assessments, the risks must be what
- identified
- assessed
- considered in planning how execute the search warrant
the risks must be assessed before application is approved and again before the warrant is executed
a planned action risk assessment card prompt must be completed and TENR is to be applied
39
what is TENR
Threat
Exposure
Necessity
Response (measures to reduce risk)
40
what power does s117 offer
offers power to secure the address until a search warrant has been obtained
if search warrant application is about to be made or has been made and waiting for it to be issued, and you have RGTB that evidential material may be CADD or removed before search warrant is issued you may:
- enter and secure a place, vehicle or other thing, and
- secure any item found there, and
- direct any person to assist with entry and securing the place or vehicle or securing items in it
41
the powers under s117 may be exercised until when
- the expiry of 6 hours from when power is first executed
- the warrant is available for execution at that place or vehicle or in respect of that other thing
- the application for a search warrant is refused
42
who can issue a search warrant
an issuing officer of the district or high court
or
any person authorised by the attorney general:
- justice of the peace
- community magistrate
- registrar
- deputy registrar
43
when will a search warrant be authorised
an issuing officer may authorise search warrant if they are satisfied that the application clearly shows:
- the RGTS that an offence punishable by imprisonment has been, will be or is about to be committed
- RGTB that the search will find evidential material in respect of the offence
44
what restrictions may an issuing officer put on a search warrant
- restricting the time when search warrant can reasonably be executed
- requiring occupier or person in charge of a place to provide reasonable assistance to the officer executing search warrant
- requiring a report on a search warrant within a specified time
45
what should you do if a search warrant application is refused
- record issuing officers reasons for refusing to sign
- consider the issues raised and if possible re draft the application, ensuring you have addressed these issues
- resubmit application to issuing officer
46
what if issues with the search warrant cant be addressed
- make further enquiries to support (or otherwise) the application
- consider whether to continue your investigation without conducting a search
- if the reasons for not signing the search warrant do not seem justified, submit a report to legal services for direction
47
who may execute a search warrant
the person to whom it is directed or any constable
48
how long is a search warrant valid
- no more than 14 days from date of issue or
| - no more than 30 days if you've justified why this is necessary and the issuing officer is satisfied
49
when can a search warrant be executed
- at any time that is reasonable under the circumstances, or
| - at a restricted time required by the issuing officer as a condition of execution
50
when is a search warrant considered executed
when you or anyone assisting you:
- have seized the evidential material specified in the search warrant, or
- leave the place, vehicle or other thing to be searched and do not return within 4 hours
51
how often can a search warrant be executed
- once, unless
- more than one execution is applied for, justified and authorised in the search warrant
You must detail the reason for the multiple entries
52
risk assessment must be ongoing, what must you do in preparing a search warrant execution plan
- review and re assess the identified risks
- work with others to identify and consider any further risks
- plan how to manage and minimise any identified risks
- determine how risk management will be communicated in your search warrant briefing
53
what is an application to postpone compliance with notice obligations
when you execute a search warrant you are obliged to provide a copy of the search warrant and an inventory of any items seized to the occupier
if providing a copy of the SW or inventory would:
1. endanger the safety of any person; or
2. prejudice ongoing investigations
then you may apply to a judge to postpone your obligation to provide a copy of the SW under s134
54
when should a s134 application be presented to the judge
- at the time of the search warrant application; or
- before 7 days has passed after the search warrant execution
a judge can postpone these obligations not exceeding 12 months
55
when might you be required to use reasonable force during the execution of a search warrant
- to enter the place, vehicle or other thing (s131)
- to search and seize (on property only) s110
- to carry out a search of a person (s125)
use AWOCA and TENR as required
56
what is GSMEAC
GROUND
- location to be searched
- address
- neighbours
SITUATION
- reason for seeking the search warrant
- background on any suspects
MISSION
- address
- suspect
- specific evidential material sought
EXECUTION
- timings
- method of entry
- roles oc scene, oc exhibits etc
- responsibilities
- obligations on entry
- managing suspects
- searching for evidential material
- recording evidential material
- assisting vulnerable people
- sequence of events
- managing risks and ensuring safety
ADMINISTRATION
- travel to and from place to be searched under warrant
- timing of the search warrant execution
- recording of evidential material seized
COMMUNICATION
- cell phone numbers and radio channels
- before executing search warrant
- during execution of the search warrant
- debrief
57
what should you do when holding a search warrant briefing
- ensure all required staff are present
- reinforce verbal information given with visual prompts
- use maps, charts, diagrams, photographs
- provide copies of all important documents
- ensure all staff present are clear about their roles and responsibilities
- identify and advise staff of what they can record in their notebooks during the briefing as all entries may be disclosable
- should clearly identify all risks and how to mitigate them
- should identify any issues relating to sensitive or CHIS source related information
58
what are your additional powers available when executing a SW
RULES AND OBLIGATIONS:
- identification and notice requirements (s131)
- rules for searching people (s125)
- powers incidental to search (s110)
- reporting (s169)
ADDITIONAL POWERS
- securing place, vehicle or other thing to be searched and excluding any persons from there (s116)
- powers of detention incidental to search of places and vehicles (s118)
- powers of search by a person who has powers of arrest (s119)
- stopping vehicles for search (s121)
- moving vehicles for search/safe keeping (s122)
- seizure of items in plain view (s123)
- items of uncertain status may be seized (s112)
59
what is your entry obligation before you enter a place or vehicle to execute a search warrant
- identify yourself by name and unique identifier (qid)
- provide evidence of identity if not in uniform
- state the name of the act and reason for your search
- announce your intention to enter and search
- provide a copy of the search warrant
where occupants are detained for the purpose of the search they must be advised of their Bill of rights
60
what is your s125 obligation
- identify yourself by name or unique identifier
- advise of enactment, reason for search
- produce identification of not in uniform
61
when you search a person you may...
- detain the person to enable the search to be carried out (for as long as reasonably necessary)
- use force that is reasonable for purposes of search
- search any item the person is wearing, carrying or is in the persons physical possession or immediate control
- seize anything carried by or in their physical possession or immediate control if it subject of search or may be lawfully seized
62
when can you use s121 to stop a vehicle
if you have authority to search vehicle by:
- executing a SW; or
- using a warrantless power
63
what does s127 allow you to do
to enter any place:
- to locate the vehicle to execute the search warrant if
- you have rgtb that the vehicle is there
64
when can you remove items of uncertain status
s112 items of uncertain status
if you are carrying out a lawful search and it is not reasonably practicable to determine whether any item can be lawfully seized you may:
- remove items for examination or analysis off site to determine if you can seize them lawfully, and any item you want to remove must be within the scope of the original search
eg drugs that require analysis at a laboratory or large amounts of documents that may contain evidential material and it is not practicable to sort them out on site
65
when can you seize items in plain view
s123 - items in plain view
you may seize any item in plain view when searching or that you observe if:
- you have rgtb that you could have seized the item under a search warrant or other search power
eg if you are looking inside a wardrobe for a person and you find a bag of cannabis. You may seize that bag as it is in plain view under s123
66
what is a production order
production orders are made under s74 of sns 2012 and requires a person or organisation to produce documents to enforcement agencies as evidential material of a specified offence
production orders are issued by issuing officers
67
the difference between SW and production order
production orders are less intrusive and involve less costs
68
how long is a production order in force for
a production order is in force for a period specified in the order not exceeding 30 days (s76)
69
who may apply for a production order
an enforcement officer (s71)
70
who must you seek approval from before making a production order application
you must seek approval from your district approver who must be satisfied:
- grounds fro applying for a production order are met
- resource benefit of making an application is advantageous to police and the investigation
- the information sought does not make unreasonable or unnecessary demands on telecommunication provider
71
if application relates to news media organisation what must you do
- obtain approval from a police executive member in the case of PNHQ or a district commander for a district matter; and
- follow the guidance on search warrants, production orders and examination orders involving media organisations
72
who should you obtain approval from before making an application for a production order
where practicable obtain written authority to make application from someone holding the position level of sergeant or above
73
what are your grounds for applying for a production order
you must have:
RGTS that an offence has been, is being, will be committed; and
RGTB that the documents sought by the proposed order:
- constitute evidential material in respect to the offence
- are in the possession or under the control of the person against whom the order is sought or will come into their possession/control while the order is in force (s72)
74
how must you apply for a production order
you must apply in writing along with a personal appearance before or communication orally with the issuing officer unless it is impracticable to do so in the circumstances
75
under what circumstances would an issuing officer allow a production order application to be made orally
if the issuing officer is satisfied that
- requiring a written application would result in a delay that would compromise the effectiveness of the search AND
- the question of whether the order should be issued can be properly determined on the basis of an oral communication or personal appearance AND
- all required information is supplied to them (orally, or partly orally and partly in writing) s100
76
if an oral application for a production order is allowed what other actions are required
- the issuing officer must record the grounds for the application as soon as practicable
- the applicant must complete the application form capturing the information conveyed to the issuing officer as soon as practicable and in any event with 24 hours and the order
77
when can hearsay evidence be used in a production order
hearsay evidence can be used to outline grounds on which the application is made if it is highly reliable. you can indicate reliability by stating:
- sufficient information to prove the reliability of whats been stated
- the informants reliability and whether they have have given reliable information in the past
- whether the information has been confirmed by other means
78
in what circumstances would compensation be available with respect to damage from SW execution
in unreasonable searches or unjustified damage, for example if the door is unlocked there is no justification in breaking it down. in cases where unjustified damage is caused in the execution of a search warrant or statutory power compensation may be available in respect of any claim; OR
where a mistake is made in the execution of a search warrant or statutory power for example where a search warrant is executed at a wrong address
79
if a claim arises in relation to a search warrant incident who should it be directed to and what information should be included in the report
it should be directed to the district commander or national manager with a report containing the following information:
- circumstances in which search was executed
- grounds for execution
- damage caused and associated circumstances
- outcome of the search warrant or statutory power being executed
- details regarding owner of the property and the occupier or user of the property at the relevant time
- the nature and basis of the claim as stated by owner of property
- any steps taken by police or owner to prevent further loss or damage
80
what actions should you take to ensure a property is secure after forced entry
- liaising with occupier to secure their own property
- at occupiers/owners request, engage a contractor to make the premises secure on understanding that the occupier will bear the cost
- attending staff effecting a temporary repair where feasible eg boarding up a window
81
with regards to surveillance, everyone has the right to ...
- privacy in their own home
- right to refuse entry to others
- right to expect that they should be able to conduct lawful activities in private
82
when police enter private property you can carry out lawful surveillance by
- unaided observation
- unaided sense of hearing
- unaided sense of smell
83
what is surveillance
planning and directed activity either open or covert and for the purpose of:
- observing and any recording of that observation, of people, vehicles, places and things
- ascertaining the location of a thing or person or whether a thing has been interfered or tampered with
- intercepting private communication
84
where does sns act establish clear boundaries for the lawful use of a surveillance device
- where trespass is not involved
- where trespass is involved
- where warrantless powers exist
85
Surveillance risks must be...
risk must be identified, assessed, considered in planning - use TENR
thorough risk assessment is a component of the surveillance device warrant application process
86
what is a surveillance device
a device which assists and enhances your capabilities to carry out surveillance. A surveillance device may be any one or more of the following kinds of device:
- a visual surveillance device
- an interception device
- a tracking device
87
what is a visual surveillance device
means any electronic, mechanical, electro magnetic, optical or electro optical instrument, apparatus, equipment or other device used to observe or to observe and record a private activity but
does not include spectacles, contact lenses or other similar devices used to correct sub normal vision of the user to no better than normal vision
88
what is s46(c) of sns 2012
activities for which a surveillance device warrant is required:
(c) observation of private activity in private premises and any recording of that observation, by means of a visual surveillance device
89
what are the exceptions to the requirement to obtain a surveillance device warrant
- situations of emergency or urgency (must still be reported in the online system)
- activities that do not require a warrant
90
in relation to surveillance with a surveillance device, what are the restrictions
the search and surveillance act restricts surveillance activity in places an individual ought reasonably to expect are private
eg land (in private ownership) and any private premises on that land and goods
goods generally means chattels and include vehicles and other tangible belongings
91
when is surveillance unlawful
when it involves trespass which is unauthorised entry onto private land or unauthorised handling of goods, unless authorised by a surveillance device warrant
92
what is the definition of private premises
private premises means a private dwelling house, a marae, and any other premises that are not within the definition of non private premises
93
what is the definition of a non private premises
non private premises means premises or part of a premises which members of the public are frequently permitted to have access and includes any part of a hospital, bus station, railway station, airport or shop
94
what is private activity
activity that the participant can reasonably expect to be private, if it is carried out in private premises
ought reasonably to expect is an objective standard, meaning what any reasonable person would expect
95
what is the definition of private communication
means a communication (whether oral or in written form, or in the form of telecommunication or otherwise) in circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but
does not include communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent to do so
96
what is the meaning of trespass surveillance
means surveillance that involves trespass to land or trespass to goods
97
what are the restrictions on the use of surveillance devices
any warrant application to use a visual surveillance device for trespass surveillance will only be authorised for obtaining evidential material for serious offences
any application to use an interception device whether or not a trespass surveillance occurs is restricted to obtaining evidential material for serious offences only
98
what is a serious offence
a serious offence is an offence punishable by 7 years imprisonment or more
99
what is the definition of curtilage
means the land immediately surrounding a house or dwelling including any closely associated buildings and structures, but excluding any associated open fields beyond
100
what is s146(e) of the SNS ACT 2012
(e) observation of private activity in the curtilage of private property, and any recording of that observation, if any part of that observation or recording is by means of a visual surveillance device and the duration of that observation for the purposes of a single investigation or a connected series of investigations exceeds:
- 3 hours in any 24 hour time period; or
- 8 hours in total
101
what is the definition of interception
interception in relation to a private communication includes hear, listen to, record, monitor, acquire or receive the communication either:
- when it is taking place, or
- while it is in transit
102
what is an interception device
an interception device means any electronic, mechanical, optical, electro optical instrument, apparatus, equipment or other device that is used or is capable of being used to intercept or record a private communication; but
does not include a hearing aid or other similar device used to correct sub normal hearing of the user to no better than normal hearing
103
a surveillance device warrant will only be authorised for use of an interception device for gathering evidential material for
- offences punishable by 7 or more years imprisonment
- identified arms act 1983 offences
- identified psychoactive substances act 2013 offences
104
what is a voluntary communication
a communication between two or more persons where at least one party in the communication gives their consent for the communication to be recorded
105
what is a tracking device
a device that may be used to ascertain the location of a person or thing by electronic or other means eg through the use of a persons phone or thermal imaging; or
a device used to detect whether a thing has been opened, tampered with or in some other way dealt with; but
does not include a vehicle or other means of transport, such as a boat or helicopter
tracking devices may only be used with the assistance of specialist squads
106
what is section 46(b) of sns 2012
(b) use of a tracking device, except where the 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
107
what are the two ingredients for emergency or urgency
1. ENTITLED TO APPLY
- means you would be entitled to make an application for a surveillance device warrant as the situation is one of serious criminality
2. IMPRACTICABLE IN THE CIRCUMSTANCES
- means you need to use a device urgently as it is not immediately practicable to obtain a surveillance device warrant
108
surveillance without warrant in emergency or urgent situations is permitted only if the two emergency/urgency ingredients and...
- the suspected offence has been, is being or is about to be committed and is:
- punishable by 14 years imprisonment or more; and
- you believe that the use of a surveillance device would obtain evidential material in relation to the offence
- an arms act 1983 offence:
- person due to their physical or mental condition is incapable of having proper control of arms or may kill or cause bodily injury to any person
- domestic violence act 1995 where a protection order or a pso is in force or there are grounds to make a protection order application against person
- drug offence
109
what other situations permit the use of surveillance without surveillance device warrant
situations where
- is likely to cause injury or serious property loss/damage and surveillance is necessary to prevent offending from being committed or continuing
- presenting risk to life and safety and surveillance is necessary as an emergency response (s14)
110
what are the limitations on the use of a surveillance device without a warrant
- warrantless period cannot exceed 48 hours
| - application for SDW must still be made if surveillance continued beyond time period to obtain warrant
111
whose approval must you obtain to use an interception device
- must obtain the approval of a Detective Inspector unless:
- immediacy of situation does not allow for prior planning and approval from D.I
- statutory criteria is met
- an opportunity arises to obtain evidential material that would otherwise be lost if not taken at the time
112
what is the requirement under s60
must provide notification to a judge within a month after the date of the last day of any period of 48 hours or less over which surveillance was used
113
what is the period of surveillance device warrant
60 days
114
is there a renewal procedure to extend the period of 60 days
No, a new warrant application is required
