Deck Three Flashcards
Safety during SW execution
Safety of staff is a primary concern. When executing a SW you may be required to use reasonable force to: o Enter a PVT Sec 131 o Search (on property) and seize (sec 110) o Carry out a search of a person (sec 125) Use AWCA and TENR
Search warrant briefings
All staff briefed following GSMEAC Ground - location to be searched - address - Neighbours Situation - Reason - Background Mission - Address - Suspects - Evidential material sought Execution - Timings -suspect management - Method of entry -searching for evidence - Roles – O/C scene ect -managing risk and ensuring saftey - Responsibilities - Obligation Administration - Travel to and from place - Timing of SW execution - Recording of evidential material Communication - Cell- phone numbers and radio channels - Before execution of SW - During execution of SW - Debrief
Holding a SW briefing The person in charge should
- Ensure all staff present - Reinforce verbal information given with visual prompts - Use maps charts photos - Provide copies of all important documents - Ensure all staff present are clear about their roles and responsibilities - ID and advise staff of what they can record in their notebooks
Obligations and additional powers Rules and obligations
- ID and notice requirments when searching PVT sec 131 - Rules for searching people Sec125 - Powers incidental to search sec 110 - Reporting sec 169
Obligations and additional powers Additional powers
- Securing a PVT to be searched and exluding any person from there sec 116 - Powers from there sec 116 - Powers of detention incidental to search of Places of vehicles Sec 118 - Powers of search by a person who has a power of arrest sec 119 - Stopping vehicles for search sec 121 - Moving vehicles for a search / safe keeping sec 122 - Seizure of items in plain view sec 123 - Items of uncertain status may be seized sec 112
Obligation – entry
(SARI) Before you entre a PVT to execute a SW you must - ID yourself by name or QID - Provide evidence of ID (if not in uniform) - State the name of the act and reason for your search - Announce your intention to entre and search - Provide a copy of the SW - If occupants detained for search must advise of BoR
List of evidential material sought
If concerned about occupants seeing list of material being sought that they will alert others - May delay complying with section 131 (announcement obligations at time of entry)
No one is home at the address
-If RGTB that no one is home at the address -You do not have to comply with sec 131 on entry. -You must leave a copy of SW and an inventory list of seized items - if not reasonably practicable then must be done within 7 days od SW being executed.
Executing a search warrant for drugs
When executing a SW for drugs you may search any person found in the place or vehicle you are searching (sec 19) Comply with sec 125 (obligations) When exercising a power you may: - detain the person to enable the search (for as long as reasonably necessary) - use force - search any item that the person is wearing, carrying or is in their possession or control - seize anything carried by or in their possession or control IF thing is subject of the search or may be lawfully seized
Stopping vehicle for purpose of search
Sec 121 provides power to stop a vehicle if you intend to search it You may stop a vehicle if you have authority by: - executing a SW or; - using a warrantless search power
Executing a search warrant for a vehicle
Sec 127 allows you to entre any place: - to locate the vehicle to execute the SW if - you have RGTB the vehicle is there You are not required to specify the place for the vehicle as the target IS the vehicle.
Items of uncertain status and in plain view
Items found in the lawful search of a Person Place or Vehicle or; If you are lawfully in any place or vehicle; - removal of items of uncertain status in certain circumstances (sec 112) - seizure of items in plain view (sec 123)
Items of uncertain status – only if
- Exercising a search power or - Carrying out lawful search of a person - Lawfully in a place
Items of uncertain status – examples
- Drugs that require analysis at a lab - Large amount of documents that may contain evidential material and it is not practical to so this at site
Items in plain view
Sec 123 You may seize any items you find in plain view when You are searching or that you observe; - You have RGTB that you could have seized the item under a search warrant or other search power.
Items in plain view – example
You are searching for a person under sec 8 and look inside a wardrobe for that person. You find a bag of cannabis. Bag is “in plain view” and may be seized under sec 123.
What is a production order?
Production orders are made under sec 74 of the SnS act 2012 Requiring a person or organisiation (such as a company) To produce documents to enforcement agencies as evidential material of a specified offence. - Issued by issuing officers
Production order Vs Search Warrant
Choice weather SW or PO should be sought for any case. - Costs are incurred by a business issued with a PO - Costs are offset against avoiding disruption of physical entry and search of premises of a SW - PO less intrusive and involve less cost that SW
Duration of a PO
Order is in force for 30 days after the date on which order is made.
Who can apply
Any enforcement officer
Matters consider before granting approval
Before granting approval to apply for production orders the district approver must take these matters into account and be satisfied: - Grounds for applying met - The resource benefit of making an application is advantageous to police and the investigation. - The info sought does not make un reasonable or unnecessary demands on the telecommunications provider, whom it is sought
Approval to apply for PO for media organisation
If your application relates to a news media organisation you must; - Obtain approval from a police executive member in the case of PNHQ or district commander for a district matter, and - Follow guidance on SW, PO and examination orders involving media organisations in the Search chapter in the police manual
Approval to apply for a Production order
Where practicable obtain written authority to make an application for a PO from a constable of or above the level of Sgt where practicable.
Grounds for applying for a PO
You may apply for a production order if you have RGT - SUSPECT that an offence has been, is being or will be committed (must be offence for which you could apply for a SW) and; - BELIEVE that the documents sought by the proposed order: o Constitute evidential material in respect of the offence and; o Are in the possession or under control of the person against whom the order is sought, or will come into their possession while it is in force.
