Obligations - Identification, Reason, Notice

Question 1

Obligation (pg 14)

• What section
• What must they cover

Answer 1

When searching a place, vehicle or other thing, you must comply with the obligations set out under S 131.

Your obligations cover identification, intention, reason and notice requirements

Question 2

Obligation - Identification (pg 14)

Your obligations cover identification, intention, reason and notice requirements whereby before initial entry you must (state):

Answer 2

• Identify yourself by name or by unique indentifer (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)

Question 3

Obligation - Reason (pg 14)

Warrantless search powers

Answer 3

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 the occupier and provide an inventory of items seized
• Report your use of certain powers
• Consider privilege

Question 4

Obligation - Notice (pg 14)

S 131 states that before or on initial entry into or onto the place, vehicle or other thing to be searched, you must give ‘notice’ to the occupier or person in charge. Giving notice is more than just telling or explaining to the person what you are to do and why. It includes giving written notice

Answer 4

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 the enactment (unless it is impracticable to do so in the circumstances)
• To comply with this obligation you can use form; POL1275 search notice to occupier

Question 5

Exceptions to identification and notice (pg 15)

Answer 5

You are not requried to comply with identification, intention and notice requirements on initial entry if you have RGTB that no one is present.

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

Question 6

What if a person refuses entry (pg 15)

Answer 6

Use reasonable force to enter if the person refuses entry or does not allow entry within a reasonable time following request.

Question 7

What if there is no one at the place where the search is to be conducted (pg 15)

Answer 7

You may use reasonable force to enter the place, vehicle or other thing to be searched if you have reasonable grounds to believe that no one is lawfully present.

Must leave a copy of the search warrant or a search notice and an inventory of any material seized. This must be as soon as possible after the search and must be provided within 7 days of completion of the search.