Obligations and Additional Powers

Question 1

When executing a search warrant you must comply with search and surveillance rules and obligations. What are the “Rules and obligations” and their corresponding “Section”

Answer 1

• Section 131, Identifications, and notice requirements when searching places, vehicles and other things
• Section 125, The rules for searching people
• Section 110, Powers incidental to search
• Section 169, Reporting

Question 2

– When executing a search warrant and along side the rules and obligations, What additional powers are available to you and their corresponding “Section”

Answer 2

• Section 116, securing a place, vehicle or other thing to be searched and excluding any person from there
• Section 118, Powers of detention incidental to search of places or vehicles
• Section 119, Powers of search of a person who has a power of arrest
• Section 121, Stopping vehicles for search
• Section 122, moving vehicle for search/safe keeping
• Section 123, Seizure of items in plain view
• Section 112, Items of uncertain status may be seized

Question 3

What must you do before or when you enter a place or vehicle to execute a search warrant?

Answer 3

• Identify yourself by name or unique identifier (QID)
• Prove evidence of identity if not in uniform
• State the name of the Act and reason for your search
• Announce your intention to enter and search
• Provide a copy of the search warrant
• When occupants are detained for the purposes of search you must advise them of the caution (Bill of rights)

Question 4

If you are concerned that once the occupants of the place to be searched see the list of evidential material sought attached to your search warrant, they will alert others to your investigation, what could you do?

Answer 4

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