Deck Three

Question 1

Safety during SW execution

Answer 1

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

Question 2

Search warrant briefings

Answer 2

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

Question 3

Holding a SW briefing The person in charge should

Answer 3

• 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

Question 4

Obligations and additional powers Rules and obligations

Answer 4

• ID and notice requirments when searching PVT sec 131 - Rules for searching people Sec125 - Powers incidental to search sec 110 - Reporting sec 169

Question 5

Obligations and additional powers Additional powers

Answer 5

• 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

Question 6

Obligation – entry

Answer 6

(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

Question 7

List of evidential material sought

Answer 7

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)

Question 8

No one is home at the address

Answer 8

-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.

Question 9

Executing a search warrant for drugs

Answer 9

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

Question 10

Stopping vehicle for purpose of search

Answer 10

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

Question 11

Executing a search warrant for a vehicle

Answer 11

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.

Question 12

Items of uncertain status and in plain view

Answer 12

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)

Question 13

Items of uncertain status – only if

Answer 13

• Exercising a search power or - Carrying out lawful search of a person - Lawfully in a place

Question 14

Items of uncertain status – examples

Answer 14

• 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

Question 15

Items in plain view

Answer 15

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.

Question 16

Items in plain view – example

Answer 16

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.

Question 17

What is a production order?

Answer 17

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

Question 18

Production order Vs Search Warrant

Answer 18

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

Question 19

Duration of a PO

Answer 19

Order is in force for 30 days after the date on which order is made.

Question 20

Who can apply

Answer 20

Any enforcement officer

Question 21

Matters consider before granting approval

Answer 21

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

Question 22

Approval to apply for PO for media organisation

Answer 22

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

Question 23

Approval to apply for a Production order

Answer 23

Where practicable obtain written authority to make an application for a PO from a constable of or above the level of Sgt where practicable.

Question 24

Grounds for applying for a PO

Answer 24

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.

Question 25

How to apply for a PO

Answer 25

You must apply in writing along with a personal appearance before, or orally with the issuing officer unless impractical to do so. If impractical you may: - Make an application orally (by phone or personal appearance) or; - Have your application considered without a personal appearance or oral communication

Question 26

Oral applications for a PO

Answer 26

Issuing officer may allow an application for a production order to be made orally, may excuse the applicant from putting part or all of App in writing if: - Requiring a written app would result in a delay that would compromise the effectiveness of the search, and - The question of whether the order should be issued can be properly determined on the basis of an oral communication or personal appearance, and - All required info is supplied to them

Question 27

If an oral application is allowed

Answer 27

• Issuing officer must record the grounds for the app ASA practicable - The applicant must complete the application form capturing the info conveyed to the issuing officer ASA practicable and within 24 hours of order