Obligations Flashcards
What is the section for obligations that are required when a power is invoked or exercised?
Section 131
What does section 131 set out?
It covers IDENTIFICATION, INTENTION, REASON and NOTICE.
In relation to obligations what must you do before initial entry? (Crawford)
- Identify self by NAME or by UNIQUE QID
- announce your intention to enter and search
- state the name of the Act
- give notice by providing a copy of the search warrant
- remember that when you have detained a person for
the purpose of a search you must caution them. (BOR)
Orligation Reason:
IF warrantless power you must state:
The reason for your search and:
- Provide warrantless notice POL 1275 and inventory of items seized.
- Report your use of certain powers (section 169)
- consider privilege - (section 136 - 147)
Obligation Notice:
On top of section 131 obligations what else do you have to provide?
Documents or Notice
Copy of Search warrant OR
Warrantless Search
- State 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
Exceptions to Identification and Notice:
When is it an exception when obligations are not required to comply?
When you have RGTB that no one is present
As well as:
- endanger any person’s safety
- prejudice the successful use of the entry and search
power - prejudice on-going investigations
What if a person refuses entry?
use reasonable force to enter OR does not allow entry within a reasonable time following a request.
What is there is no one at the place where the search is to be conducted?
use reasonable force to enter IF you have RGTB there is no one lawfully present.
If no one there at time of entry and search then MUST leave notice and inventory of property seized. This must be done within 7 days the completion of search.