CIB 019 - Search and Surveillance Flashcards
If you don’t have grounds for a search warrant application, what other options do you have?
Consider using a warrantless search power available to you, which gives you power to search without a warrant.
If you don’t have grounds to use a warrantless search power to search, consider search by consent.
What to ensure before making an online Search Warrant application?
- Have obtained initial approval from a supervisor at or above the rank of Sgt to proceed.
- RGTS that an imprisonable offence has been, is being, or is about to be committed; and
- RGTB that a search will find evidential material in respect of the offence in the place, vehicle, other thing or facility.
- Have checked target history in NIA for other SW applications or outcomes.
- ## Have assessed the risks associated with executing the SW.
Who can issue a Search Warrant?
An issuing officer - District Court or High Court Judge; or
Any person authorised by the Attorney General (4 types)
- Justice of the Peace (JP)
- Community Magistrate
- Registrar
- Deputy Registrar
When will a Search Warrant be authorised?
When the authorising officer is satisfied the application clearly shows:
- RGTS an imprisonable offence has been, is being, or is about to be committed; and
- RGTB the search will find evidential material in respect of the offence in the place, vehicle, other thing or facility.
What restriction may an issuing officer put on a Search Warrant?
- Time when the search warrant can reasonably be executed,
- Requiring the occupier in charge of a place to provide reasonable assistance to the O/C Warrant,
- Requiring a report on the search warrant within a specific time.
What should you do if a search warrant is refused?
- Record reasons for refusing,
- Consider issues raised, re-draft the application addressing issues raised,
- Re-submit the application to the same issuing officer.
What if the issues on the search warrant application can’t be addressed?
- Make further enquiries to support the application,
- Consider whether to continue your investigation without conducting the search,
- Submit a report to legal service for direction.
Who may execute a search warrant?
The person to whom it is directed or any constable.
How long is a search warrant valid for?
- No more than 14 days from the date of issue; or
- No more than 30 days from the date of issue as specified by the issuing officer, if you have justified why this is necessary and the issuing officer is satisfied.
When can a search warrant be executed?
- At any reasonable time under the circumstances; or
- At a restricted time required by the Issuing Officer as a condition of execution.
When is a search warrant considered executed?
- Have seized the evidential material specified in the search warrant; or
- Leave the place, vehicle, other thing or facility and do not return within 4 hours.
How often can a search warrant be executed?
- Once, unless
- More than one execution is applied for, justified, and authorised in the search warrant. Must detail the reasons for the multiple entries.
Holding a Search Warrant briefing. What should you do?
- Ensure all staff are present
- Go through warrant information, GSMEAC
- Use maps, photos to ID targets
- Provide copies of all important documents - list of items of search
- Ensure all staff are clear about their specific role/responsibility
Risk assessments - Risk must be:
- Identified
- Assessed
- Considered in planning execution of SW
- Communicate the management of the risk t your team
Risk must be assessed before the application is approved and again before a search warrant is executed.
As O/C Warrant, what is your priority at a search warrant?
- GSMEAC
- To safely execute search warrant (safety is paramount)
- The safety of all staff, vulnerable occupants/suspects
- Safety of neighbouring premises and members of the public
- On-going assessment of risks, management of risks and communicate it to all staff involved.
