SURVEILLANCE Flashcards
(33 cards)
What is surveillance ?
- Police surveillance is PLANNED and DIRECTED activity, either open or covert and for the purpose of;
- Observing and any recording of that observation of people, vehicles, place and things
- Ascertaining (tracking) the location of a thing or person or whether a thing has been interfered or tampered with
- Intercepting private communication
What is lawfully surveillance ?
Police lawfully enter private premises.
You can carry out lawfully surveillance with your unaided observation unaided sense of hearing unaided sense of smell.
You can also record by way of audio or visual device, providing device does not enhance your ability
When Police are carrying out lawful search they can carry out lawful surveillance by ?
- Unaided observation
- Unaided sense of hearing
- Unaided sense of smell
The S&S regulated only those surveillance activities undertaken by means of a device. It’s establish clear boundaries for the lawful use of surveillance device ?
- Where trespass is involved
- Where trespass is not involved
- Where warrantless powers exits
Any surveillance work (with or without a 4X) is inherently risky, these risk must be ?
- Identified
- Assessed
- Considered in planing before surveillance
A device which assists and enhances your normal capabilities to carry out the surveillance may be one of the following;
Visual Surveillance Device
Tracking Device
Intercepting Device
There are exceptions that apply to the requirement to obtain a surveillance device warrant for the use of a visual surveillance device.
These exceptions are ?
- Situations if emergency or urgency (must still be reported on online system) and
- Activities that do not require a warrant
Where surveillance with a surveillance devices is concerned, this S&S restricts surveillances activity in places an individual ‘ought reasonably to expect’ are private ?
- Places include land (private ownership) and any private premises on land and ‘goods’
- Goods - Chattels and include vehicles and other tangible belongings
Define private premises ?
• Private dwellings house, a marae and any other premises that are not within the definition of non-private premises
Define non private premises ?
- Premises of part of a premises, to which members of public are frequently, permitted to access, any part of a hospital, bus station, railway station, airport or shop
- Areas considered private are - Hospitals (theatres, consulting rooms) railway station (office area, staff meal room)
Define private activity ?
• Means activity that in the circumstances, any 1 or more of the participant in it ought reasonably to expect is observed or recorded by no one expect the participant
You expect your participation in the following activities to be private ?
- Sleeping in hotel room
- Planting garden in your back yard
- Trying clothes in a changing room
Define private communication ?
- A communication (oral, written or tele.. form or other wise) made under the circumstances they may be 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 of that kind occurring in circumstances in which any party of the communication ought reasonably to expect it may be intercepted by another person without express or implied consent
Trespass surveillance means ?
- Surveillance that involves trespass onto land or trespass to goods.
- Trespass surveillance occurs the moment an enforcement officer steps onto the private property without consent.
- You are trespassing if you don’t have consent
Restriction on use of surveillance devices ?
- Only authorised for obtaining EM for serious offences
- Serious offence is an offence punishable by 7 years imprisonment or
- Section 46 - activities for which surveillance device warrant required - use of surveillance device that involves trespass onto private property
What is curtilage ?
- The land immediate surrounding a house or dwelling, including any associated buildings and structures, but excluding any associated ‘open fields beyond’
- The boundary within which a home owner can have a reasonable expectation of privacy and where ‘common daily activities’ take place
- The curtilage of a suburban house is likely to clearly defined by a fence line whereas on a farm, the house and curtilage will form a small part of the whole property
The legislation sets time limitation on the use of a visual surveillance device for surveillance activity within the curtilage of private property. List the activity under s46 Activities for which surveillance device warrant required ?
• 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 visual surveillance, and the duration of that observation, for the purpose of a single investigation, or a connected serious or investigation, exceeds
- 8 hours in total
- 3 hours with a 24 hour period
Define interception ?
Intercept in relations 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
What is an interception device and what does it not include ?
- Any electronic, mechanical, electromagnetic, optical or 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 / similar device used to correct subnormal hearing or user
What is it used for or what activity for which an S.Device warrant is required ?
• Used as an interception device to intercept private communication
The S&S limits the use of an interception device, to intercept a private communication. A s.device warrant will only be authorised for use of an interception device for gathering EM for ?
- Offences punishable by 7 years or more years
- I.D Arms Act 1983 offences
- ID psychoactive substances act 2013 offences
Define voluntary oral communication ?
- Is a communication between one or more persons where at least one party in the commutation gives their consent for communication to the recorded
- There is no requirement to obtain a surveillance device warrant to intercept and record a voluntary oral communication
What is a tracking device ?
What does it not include ?
• Means a device that may be used to help ascertain by electronic or other means, either of both of the following;
- the location of a thing or a person
- whether the thing has been opened, tampered with, or is some other way delete with
- does not include a vehicle or other means of transport, such as boat or helicopter
- obtain EM for the investigation of any offence punishable by imprisonment
What activities for which a surveillance device warrant is required ?
• Use of a tracking device, expect 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 goods.
