Obligations and Additional Powers

Question 1

What are the rules and obligations when executing a SW?

Answer 1

Rules and obligations are:

• 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 2

What are you additional Powers?

Answer 2

Your Additional powers are:

• 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 (section 121)
• moving vehicles for search / safekeeping (section 122)
• seizure of items in plain view (section 123)
• items of uncertain status may be seized (section 112)

Question 3

What is your obligation on entry?

Answer 3

Before or when you enter a place or vehicle to execute a search warrant you must:

• identify yourself by name or unique identifier (eg: QID)
• provide 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

Where occupants are detained for the purpose of search you must advise them of the caution (Bill of Rights).

Question 4

What can you do with the List of Evidential Material sought?

Answer 4

If you have concerns that the occupants detained may alert others, you may delay complying with the section 131 announcement obligations at the time of entry.

Question 5

What if no one is home?

Answer 5

If you believe no one is home, you do not have to comply with section 131 announcement obligations on entry.

You must leave a copy of the SW and an inventory of any items seized.

If not reasonable, must be completed with 7 days.