**ADD SW S.** Operational Orders & Search Warrants Flashcards
What order should Operation Orders be in?
S - Summary (Location, topography, POI’s, associates)
M - Mission (Aim)
E - Execution (Each phase detailed, contingencies, etc)
A - Administration and logistics (Equipment, communication, meals)
C - Command and Control (Commander, roles, contact details)
S - Safety ––(Safety officer, nearest hospital/medical centre, radio blackspots, PPE, pre
Where do you get the power to apply for a
search warrant? Explain the power
S. 47 LEPRA
1) PO may apply to eligible issuing officer for a SW (other than criminal organisation warrant) in respect of any premises if PO believes on reasonable grounds that there is, or within 72 hours will be in/on premises a
thing connected with a searchable offence
2) AA child prostitution offence has recently been, is being committed, or within 72 hours will be
committed or on with respect to premises
3) Eligible applicant may apply for a covert search warrant to authorise covert entry and search of a premises
if:
- Suspects on reasonable grounds that there is, or within 10 days will be, a thing connected with a searchable offence
- Considers it necessary for entry/search without knowledge of occupiers
3A) Applicant may apply for criminal organisation warrant if suspects on reasonable grounds that there is, or within 7 days will be thing connected with searchable offence
5) 4) Can apply if act occurred outside NSW if act would be searchable offence in NSW
What is a searchable offence?
S. 46A LEPRA Searchable Offences
- Indictable offence
- Firearms or prohibited weapons offence (firearms Act 1996 or Weapons Proh . Act
- Narcotics offence (against DMTA or Poisons Ther . Goods
- Child Abuse material offence (91H/578C Crimes Act)
- Offence involving anything stolen/unlawfully obtained
- Covert SW serious offences (>7 yrs
- Criminal organisation organised crime offence (SI offence as result of Crim. Org.)
What does a search warrant give you the power to do?
S. 49 Seizure of things
1)
A person executing a SW
a)
May seize and detain a thing mentioned in the warrant
b)
May in addition, seize and detain any other thing the person finds that they have reasonable grounds to
believe is connected with any offence warrant
a) To enter the subject premises and,
b) To search the premises for things connected with a particular searchable offence in relation to the warrant**
What gives you the power to seize things at a
Search Warrant?
S. 49 LEPRA Seizure of things
1) A person executing a SW
a) May seize and detain a thing mentioned in the warrant
b) May in addition, seize and detain any other thing the person finds that they have reasonable grounds to
believe is connected with any offence
under what section of LEPRA can you search a person at a warrant?
S. 50 LEPRA
Person executing SW may search any person in/on premises if person reasonably suspects has a thing
mentioned in the warrant
Under what section of LEPRA is the offence of obstructing/hindering?
S. 52 LEPRA
Obstruction or hinderance
What is required in establishing grounds for
search warrant?
Must satisfy S.47 LEPRA believes on reasonable grounds, is or withing 72 hrs, will be thing on premises connected with searchable offence
*
You must include sufficient factual information in your application to satisfy the authorised officer such
reasonable grounds exist
*
Also need to include facts upon which its reasonable to believe the thing is still on the premises at time of
application
What must be described in an application for a
search warrant?
- Describe the premises
- Describe area to be searched
- Describe the thing(s) that’s being searched for
*Describe the offences and how the thing(s) and linked to offences
You are preparing an application for a SW. Some of the information
forming the basis of the application has been provided to you by a
registered source.
How do you protect this information from public record so you don’t compromise the investigation/sources identity?
Law Enforcement (powers and responsibilities) Regulation 2016
Clause 13. Keeping and inspection of records
- Written application, records, occupier notice, report on execution of the warrant must all be kept at court
registry
Clause 14. Certified records not available for inspection
- A certificate issued so that documents are not to be made available for inspection if issuing officer is satisfied that documents could:
i) Disclose a person’s identity
ii) If disclosed, is likely to jeopardise their safety
iii) May seriously compromise ongoing investigation
What are the 13 mandatory steps for the case officer in pre execution and post execution phase of a SW?
- Risk assessment
*Comply with Human Source Policy (if applicable)
*Identify requirement for STR
*Operational Orders
*Obtain authority and consult PAC
*Send documents to STR
*Brief SW participants
*Re brief if required
*Execute in accordance with orders
*SW participants to complete post execution duties (e.g. exhibits, video)
*SITREP
*De brief
*COPS event
If Searh Warrant review triggers occurred, what is the
process?
Disseminate SITREP to relevant search warrant review panel.
What are the Searh Warrant Review triggers?
Triggers:
-Forced entry when not approved
-Police or others sustain serious injury
-Unregistered firearms and/or prohibited weapons unexpectedly discovered
-Deviations from default positions regarding dress + when police ID must be displayed
-Incorrect premises
-Breach of mandatory 13 steps
-The search warrant:
1.
Executed in urgent circumstances
2.
Frustrated due to search warrant procedure or,
3.
Didn’t proceed due to operational concerns
What is the definition of urgent circumstances?
Explain snap orders
Urgent circumstances: Requiring necessary execution in a short period of time that cannot facilitate the
completion of mandatory steps pre execution
Snap orders: Orders that are used when time does not allow the preparation of formal Op Orders.
- Used in urgent circumstances
- Given verbally by Op Commander using SMEACS
- Utilise a dynamic risk assessment
