Obligations

Question 1

What are the obligations set out under Section 131 when searching a place, vehicle or other thing?

Answer 1

Your obligations are RAIN:

• Reason
• Act
• Intent
• Name

You must also provide evidence of ID if not in uniform, give notice by a copy of search warrant and advise them of their Rights Caution.

Question 2

Discuss your obligation reason.

Answer 2

If you are using a warrantless search power you must state the reason for your search.

You must also:

• provide a copy of the search warrant or a warrantless search notice to occupier (POL 1275) and provide an inventory of items seized.
• report your use of certain powers – (section 169)
• consider privilege – (sections 136 – 147)

Question 3

Discuss the Notice you have to provide.

Answer 3

If executing a search warrant:
* provide a copy of the search warrant

If using a warrantless power:
* state the name of the enactment under which the search is taking place and the reason for the search under that enactment (unless it is impracticable to do so in the circumstances)
* to comply with this obligation you can use form:
* POL 1275 search notice to occupier

Question 4

Discuss the exceptions to providing identification and giving notice.

Answer 4

You don’t have to comply if you have RGTB that no one is present.

You also don’t have to comply if you have RGTB this would:

• endanger any person’s safety
• prejudice the successful use of the entry and search power
• prejudice on-going investigations

Question 5

What if a person refuses entry?

Answer 5

When executing a SW or warrantless power, you may use reasonable force to enter if the person refuses entry or does not allow entry within a reasonable time following a request.

Question 6

What if there is no one at the place where the search is to be conducted

Answer 6

You may use reasonable force to enter if you have RGTB no one is lawfully present.

You must leave a copy or a POL1275 notice and inventory of anything seized.

Must be ASAP and within 7 days.