Basic Investigators Flashcards
What section of the search and surveillance act allows for the issuing of search warrants
Section 6
What does reasonable grounds to believe mean
That you have a sound basis for believing that you will find the property in that place, vehicle or thing
What two things must you satisfy the issuing officer in order to obtain a search warrant under the S&S Act
Reasonable grounds to believe - property things located - evidentail material
Good cause to suspect offence committed
Formally, section 198 of the summary proceedings act authorised a search of a building aircraft ship carriage box vehicle receptacle premise or place. The S&S act now refines those search locations to where
a place
a vehicle
or other such things
If the issuing officer requests a report after authorising the search warrant what are the four things that you must include in that report
Whether the search was executed
Whether the search warrant resulted in the seizure of material
Whether any other powers were exercised
Any criminal proceedings have been brought or under consideration
What is the difference between reasonable grounds to believe and reasonable grounds to suspect
Believe: Sound basis for believing that a situation or circumstances actually exist
Suspect: A sound basis for suspecting that a situation is likely to exist
Under section 98(2)(b) of the S&S act an issuing officer may not require you to disclose the name, address or any other identifying detail of an informant of an informant unless it is necessary for them to assess the following things
The credibility of the informant
Whether there is proper basis for issuing the warrant
The applicant must disclose details of any other application for a search warrant that the applicant knows to have been made within the previous ….. months
3
How many entries are authorised under a S 6 search warrant
One - unless otherwise requested
Under the S&S, can someone other that the applicant take the application to be authorized
Yes - under 104
Registrar may request applicant to be there
Under the S&S when is a search warrant considered to have been executed
4 hours after the executing officer has left
All evidence has been obtained
Evidential material sought has been seized
The S&S has redefined the period of time for which a search warrant is valid. What is that period of time
14 days
How does the S&S deal with search warrants for controlled drugs
Same meaning as in section 2(1) of the misuse of drugs act
