Obligations - Identifications, Reason & Notice

Question 1

What S/S section outlines your obligations?

Answer 1

Section 131.

Question 2

What are your obligations (identification)?

Answer 2

• Identify yourself by name or unique identifier (QID).
• Provide evidence of identity if not in uniform.
• 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 detain a person for the purpose of the search BOR to be given.

Question 3

What are your obligations (reason)?

Answer 3

• Provide a copy of search warrant OR warrantless search notice to occupier (POL1275) and provide inventory of items seized
• Report your use of certain powers - (section 169)
• Consider privilege - (section 136-147)

Question 4

What are your obligations (notice)?

Answer 4

Section 131 - before entry to give NOTICE.

IF executing search warrant:
- Provide copy

IF using warrantless power:
- State name of the enactment and reason (unless it is impracticable under the circumstances)
- To comply with this obligation need to use POL1275 (search notice to occupier)

Question 5

Exceptions to Identification and Notice?

Answer 5

Not required if RGTB that no one is present.

ALSO not have to comply with requirements of initial entry IF:
- Endanger any persons safety
- Prejudice the successful use of entry and search power
- Prejudice on-going investigations

Question 6

What is a person refuses?

Answer 6

May use reasonable force to enter IF the person refuses entry OR does not allow entry within a reasonable time following a request.

Question 7

What if there is no one at the place where the search is to be conducted?

Answer 7

Can use force if you have RGTB that no one is LAWFULLY present.

Must leave copy of search warrant OR POL 1275 and copy of inventory if anything seized.

Forms must be left ASAP or within 7 days of completion of the search.