Obligations Flashcards
Section 131 - Identification
1) A person exercising a search power, must -
a) before entry into the place, vehicle or other thing to be searched -
- identify yourself by name or unique identifier
- if not in Police uniform produce ID
- announce your intention to enter and search
- state the name of the Act
- provide a copy of the search warrant
- give BOR to any persons detained
Section 131 - Reason
If you are using a warrantless search power you must state the reason for the search.
You must also provide:
- a copy of the search warrant or a warrantless search notice to the occupier
- provide a 268 for items seized
- report use of powers
Section 131 - Notice
Before initial entry into the place, vehicle or other thing, you must give notice to the occupier.
If executing a search warrant:
- provide a copy
If executing warrantless power:
- state name, enactment and reason for the search, unless it is impracticable to do so
- POL 1275 (search notice to occupier)
** Expectations to identification, intention and notice
If you have RGTB no one is present you do not have to comply with identification, intention and notice requirements on initial entry.
Also, you do not have to comply with the requirements on initial entry if you have RGTB this would:
- endanger any persons safety
- prejudice the successful use of the entry and search power
- prejudice on-going investigations
** If a person refuses entry
When executing a search warrant or warrantless search power of a place, vehicle or other thing you may use reasonable force to enter if a person refuses entry or does not allow entry within a reasonable time.
If no one is present
You may use reasonable force to enter a place, vehicle or other thing.
You must leave a copy of the search warrant or notice and 268 as soon as possible and within 7 days of completion of the search.
The four obligations
Identification, intention, reason and notice
