New Zealand NEW LAW = AngloFascism
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THE FOLLOWING IS MY SUBMISSION AGAINST THE SEARCH AND SURVEILLANCE BILL.
KIA ORA NA
I AM OPPOSED TO:
Once you are arrested or even simply detained*, police and
enforcement officers are able to search your home, workplace,
car, friend.s home or any place with which you are associ-
ated, without a warrant if they believe they can find evidential
material related to the offence. Thus, a young person detained on
suspicion of possessing drugs can have their home or car and those
of their friends searched without them or their parents being pres-
ent or informed. This power, combined with .plain view. searches is
a nightmare. Whilst you are sitting in the cells or being questioned
on the sidewalk, your home can be turned upside down.
Similarly, a warrant will not be needed to record a conversa-
tion when two or more people are talking if one person consents
to a recording of the conversation. This person could be an under-
cover cop sitting in a meeting, someone employed by an .enforce-
ment officer. or a friendly person at the bar. A group planning a
campaign against 1080 in national parks could have someone
sitting amongst them recording the discussion and handing that
information to the police. Now this material can be used in court.
A warrant is needed for a computer search, however this
warrant allows police to have access to your entire hard-
drive; then using .plain view. they can trawl through other
information not on the warrant.
*.Detained. is when you are not formally arrested but are not free to leave.
I am opposed to :
An End to The Right to Silence
If this bill becomes law, the right to silence will
effectively no longer exist. The bill.s examination order
(E.O.) gives police a new power, one imported from the
Serious Fraud Office. Using this, the police can compel you
to answer questions when they think they have reasonable
grounds to suspect that a crime punishable by imprison-
ment is being planned or has been committed by three or
more people. Even extremely minor offences such as tres-
pass or disorderly behaviour would qualify.
For example, three people plan a protest against water
privatisation. The police only need to persuade a judge that
some participants may trespass or behave in a disorderly
manner resulting in jail time. With the E.O., they can
compel the organisers to turn over participant details and
surrender computer files.
Suspicion alone will be a sufficient basis for obtaining
this order. Your right to silence is vetoed. Even if you claim
.privilege against self-incrimination,. you can be ordered to
explain to a judge WHY you would be likely to incriminate
yourself: an Orwellian Catch 22.
Refusal to comply with the examination order: up to one-
I am oppposed to :
Production Orders: Convict yourself!
Current practice is that the police have to provide all the
evidence to prove a person is guilty.when the bill passes,
they can sit back and order you to produce some of that evi-
dence. The bill.s new production order (P.O.) requires you to
produce documents that you are suspected of having or may
have in future. No longer will the police have to provide the
evidence of guilt; they can order you to do the work.
Again, suspicion alone will be a sufficient basis for ob-
taining the P.O. Penalty for non-compliance with a
production order: up to one-year imprisonment.
I am opposed to:
In the bill, surveillance devices are bugs,
video cameras and tracking devices for cars.Police need
a warrant to install a listeing bug in your house. Video
surveillance by police inside a house or other private place is
illegal now. Police do it anyway knowing that most judges
will admit it as evidence. This illegal practice will
become legal with the Bill, and police will be able
to put cameras anywhere in your home. It intro-
duces the concept of a surveillance device warrant,
which can be obtained by any enforcement
officer (not just police) under the same
criteria as a search warrant.that is, the suspicion that
the search (or surveillance) will uncover evidential
material necessary for the prosecution of a crime. This treats
on-going video surveillance (for up to a month) in exactly
the same way as one-off search.
This contrasts to legislation elsewhere. In the US,
Canada and a number of European countries, phone
bugging and installing a surveillance camera in a home is treat-
ed as a much more serious invasion of privacy than a search.
In order to get a surveillance warrant, those police have to
demonstrate that other ways of obtaining the evidence
have failed. In the new bill, there is no such restriction.
I am opposed to:
Plain View Searches
This power permits police to take as evidence anything in
plain view whether related or unrelated to the search war-
rant provisions. Such extraneous evidence can subsequently
be used in court.
While a warrant is needed for a comput-er search, under plain
view provisions po-lice are permitted to access to your entire
hard drive, ie, they can trawl through files and documents
totally unrelated to the search warrant purpose, such as
family photos, bank documents or emails.
This bill expands police
powers and fundamentally alters some core legal concepts
to such a degree that even the Law Society and the Chief
Justice criticised it.
The bill.s passage will signal the end to the right to privacy, the right to silence and the privilege against self-incrimination.Stumble It!