JudgeJudi
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They can, especially if the person is a flight risk, has access to weapons or is known to be violent. Such warrants are not solely to gather information on mental state but such information emerges in the course of gathering information and police experts then assess it. In such cases, police are not only gathering information to resolve the issue (in this case, what happened to Mr Hill and Ms Clay) but also to ensure the community and his family are safe, given his ownership of firearms.
I said:
If they had reason to believe he might murder his family, harm the public or commit suicide ...
This would apply to the first dot point below.
Police powers
A law enforcement officer or police officer can use a listening device in the following circumstances:
- There is an imminent threat of serious violence to a person or an imminent threat of substantial damage to property;
- A serious narcotics offence is being committed or will be committed;
- The circumstances are so serious or of such urgency that use of a listening device is necessary and the circumstances make it impracticable to apply for a warrant;
- The listening device is a body-worn video device, is visible and the officer has produced identification to the parties to the private conversation; or
- The officer has obtained a warrant permitting the use of the listening device in certain circumstances (see below).
In most circumstances, a law enforcement officer or police officer who wishes to use a listening device must get the permission of a Judge or a Magistrate in the form of a warrant.
An application to use a listening device must be made in writing and set out the reasons for why the use of a listening device is necessary. The application must also be supported by a sworn affidavit. If the application is granted, a warrant is issued authorising the use of the device. The warrant will set out precisely what device(s) can be used and allows the officer(s) to enter certain premises or vehicles – including by breaking in – and the taking of any action that is necessary to conceal the device.
Listening Devices and the law in NSW | Criminal Lawyers
The above applies to NSW, not Victoria, but I can assure you it will be similar in every State or Territory.
I've been unable to find the Victorian equivalent for use by police.
Please provide a link to support what you've said.