In Black No One Got Them

Question 1

When can a search warrant be executed?

Answer 1

– It any time there is reasonable under the circumstances

– at a restricted time required by the issuing officer is a condition of execution

EgYou are planning to execute a search warrant on a house occupied by a person suspected of armed robbery. If your risk assessment determines that there is a baby and a toddler (vulnerable persons) living at the target address the execution plan his to mitigate the risks to everyone safety and staff must be fully briefed for the own in public safety

Question 2

How often can a search warrant be executed?

Answer 2

– Once and less
-More than one execution is applied for justified and authorised in the search warrant. You must detail the reason for the multiple entries

Question 3

Holding a search run briefing

The briefer should also:

Answer 3

• Clearly identify all risks and how to mitigate them

- Identify any issues relating to sensitive or source (CHIS) related information

Question 4

Obligations and additional powers when executing a search warrant

Rules and obligations

Answer 4

Identification and notice requirements when searching places, vehicles and other things (section 131)

The rules for searching people (section 125)

Powers incidental to search (section 110)

Reporting (section 169)

Question 5

Obligations and additional powers when executing a search warrant

Additional powers

Answer 5

– Securing a place, vehicle or other thing to be searched and excluding any person from there (section 116)

– powers of detention incidental to search of places or vehicles (section 118)

– powers of search by a person who has a power of arrest (section 119)

– stopping vehicles for search (section121)

• Moving vehicles for search/safekeeping (section 122)

– seizure of items in Plainview (section 123)

– items of uncertain status may be seized (section 112)

Question 6

List of evidential material sought

What do you do if occupants see the list of evidential material on the search warrant and alert others to your investigation?

Answer 6

You may delay complying with the section 131 announcement obligations at the time of entry

Question 7

Drug searches and stopping vehicles

Executing a search warrant for drugs

Answer 7

When executing a search warrant for drugs MODA 75 you may search any person found in the place or vehicle you are searching (sec 19)

Remember to comply with the obligations and rules set out in section 125

1 Identify yourself by name or unique number

2 advise the person of the enactment under which the search is taking place and the reason for the search unless it is impractical to do so

3 produce evidence of identity if not in uniform

Question 8

Drug searches and stopping vehicles

Executing a search warrant for drugs
You may search any person found in the place or vehicle you are searching (section 19)

When you exercise a power to SEARCH A PERSON YOU MAY

Answer 8

• DETAIN The person to enable the search to be carried out (for as long is in reasonably necessary)
• USE FORCE That is reasonable for the purposes of the search
• SEARCH ANY ITEM That the person is wearing, carrying or is in the persons physical possession or immediate control
• SEIZE anything carried by or in their physical possession or immediate control of the thing is the subject of the search or maybe lawfully seized

Question 9

Drug searches and stopping vehicles

What does section 19 allow you to do

Answer 9

When you execute a search warrant in relation to MODA 75 you may search any person found in the place or vehicle you are searching

Question 10

Drug searches in stopping vehicles

Executing a search warrant for a vehicle section 127

Answer 10

Section 127 allows you to ENTER any place

• to locate the vehicle to execute the search warrant if
• You have our RGTB that the vehicle is there

You are not required to specify a place for the vehicle to be located in the search warrant application. Your search warrant target is the vehicle.
However you must comply with section 131 obligations when entering the place

Question 11

What is a production order

Answer 11

Production orders are made under section 74 of the search in surveillance act 2012 requiring a person or organisation to produce documents to enforcement agencies is even insure material of a specified offence

Question 12

Approval and applying for a production order

Who must you seek approval from to apply for a production order

Answer 12

District approved

Question 13

Approval and applying for a production order

Matters to consider before granting approval. The district approver must take these matters into account and be satisfied:

Answer 13

– The grounds for applying for a production order are met

– The resource benefit of making an application is adventageous to police and the investigation

– The information sought does not make unreasonable or unnecessary demands on the telly communications provider who the order is against, particularly if those documents sort are forward-looking

Question 14

Approval and applying for a production order

Approval to apply for production order for media organisation you must

Answer 14

Obtain approval from a police executive member - case of PNHQ

district commander - for district matters

Question 15

Approval and applying for a production order

Approval to apply for a production order

Who do you obtain written authority to make an application for a production order

Answer 15

From a constable of or above the position level of Sergeant

Question 16

How to apply for a production order

Answer 16

In writing along with personal appearance or communication aurally list issuing officer unless it is impracticable to do so in the circumstances

Situations impracticable you may apply:

Make the application aurally e.g. by telephone or personal appearance

Have the application considered without a personal appearance or oral communication e.g. by email

Question 17

Oral applications for a production order

An issuing officer may allow an application for a production order to be made orally e.g. by telephone or personal appearance and excuse the applicant from putting all or part of the application in writing if satisfied that

Answer 17

– Requiring a written of application would result in a delay that would compromised effectiveness of the search end

– the question of whether the order should be issued and can be properly determined on the basis of an oral communication or personal appearance and

All required information is supplied to them (section 100 (3)

Question 18

If an oral application for a production order is allowed the issuing officer must

Answer 18

– Record the grounds for the application as soon as practicable

– the applicant must complete the application form capturing the information conveyed to the issuing officer as soon as practicable and in any event within 24 hours

Question 19

Post search process – procedure

Is justified

Answer 19

With the execution of a search warrant or other statutory power is justified by the outcome of its execution and resulting in loss or damage has suffered by the subject of the search or process compensation will seldom be paid. Eg

4x executed it in a dress for cannabis cultivation. Plants are found and the owner is aware of the current cultivation. Compensation for and justifiable damage will not be paid

Question 20

Post search process – procedure

(Not justified)

Answer 20

The execution of a search warrant or use of other statutory power is not justified by the outcome of its execution but the grounds for the execution was sound, compensation is unlikely to be paid. Paragraph however any related claims will be considered on a case-by-case basis e.g.

Search warrant executed and address with the occupants are believed to be dealing methamphetamine. The grounds for the search for and included credible and corroborated information from more then One informant. No illicit drugs allocated. Compensation is unlikely to be paid for justifiable damage.

Question 21

Post search process – procedure

Unreasonable searches or unjustified damage

Answer 21

The method of entry and the manner in which the searches conducted must be reasonable in all the circumstances e.g. if the door is unlocked there is no justification in breaking it down. In cases where unjustified damage is caused in the execution of a search warrant or statutory power, compensation may be available in respect of any claim

Question 22

Post search process - procedure

Mistakes win search warrants all powers are executed

Answer 22

In cases where a mistake is made in the execution of a search warrant or statutory power, for example where a search warrant is executed at a wrong address, compensation is likely to be available in respect of any claim.

If a constable enters a property under section 14 (prevent offence or respond to risk to life or safety) compensation will seldom be paid for any damage occurred in forcing entry.

Question 23

Post search process – policy

Where a claim arises, or is likely to arise, it should be directed by the officer in charge of the incident to the district commander or national manager for consideration along with a report containing the following information

Answer 23

– Circumstances in which the search warrant or statutory power was executed

– grounds for execution

– damage caused and the associated circumstances

• Outcome of the search warrant or statutory power executed

– details regarding the owner of the property, occupier, user of the property at the relevant time

– Nature and basis of the claim

– steps taken by police or the owner to prevent further loss or damage

Question 24

Post search process – securing premises

Premises must never be left and occupied or insecure after forced entry as liability for any loss may arise generally this will mean

Answer 24

– Liaising with the owner, occupier to secure the property

-at the owners or occupiers request engage a contractor to make the premises secure understanding that the occupier or owner will bear the cost

– attending staff affecting a temporary repair e.g. boring upper window

Question 25

Surveillance – right to privacy

Answer 25

Everyone has the right to privacy

• In their own home
  – refused entry to others
  – right to expect they should conduct lawful activities in private