Obligations, Intention, Reason, Notice

Question 1

When searching a place, vehicle or other thing, what do your “obligations” cover, set out under section 131?

Answer 1

Identification, intention, reason and notice

Question 2

Under section 131 and ensuring you meet the obligations before using certain search powers AND before initial entry of a place, vehicle or other thing, what MUST you do?

Answer 2

• Identify yourself by name or by 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 when you have detained a person for the purpose of a search, you MUST caution them (BOR)

Question 3

If you are using a warrantless search power you must state the “reason” for you search. What MUST you also do?

Answer 3

• Provide a copy of the search warrant OR warrantless search notice to the occupier (POL 1275) AND provide an inventory of items seized.
• Report your use of certain powers under Section 169
• Consider Privilege (Sections 136-147)

Question 4

Section 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 about to do and why. It includes giving WRITTEN NOTICE. What are the two forms of written notices.

Answer 4

• If executing a search warrant, provide a copy of the search warrant
• If using a warrantless search power, state the NAME of the enactment under which the search is taking place and the REASON for the search under that enactment (unless it is impracticable to do so in the circumstances) To comply with this OBLIGATION you can use form POL 1275 “search notice to occupier”

Question 5

There are some exceptions to providing identification and notice. What are they?

Answer 5

• If you have RGTB that no one is present
• RGTB that by complying with these obligations, it would endanger any person’s safety.
• RGTB that by complying with these obligations, would prejudice the successful use of the entry and search power.
• RGTB that by complying with these obligations, would prejudice on-going investigation.

Question 6

What may you do if a person refuses entry?

Answer 6

You may use reasonable force to enter if the person refuses entry OR does not allow entry within a reasonable time following request.

Question 7

What can you do, if there is no one at the place where the search is to be conducted? And what MUST you do at the “completion” of the search?

Answer 7

You may reasonable force to enter a place, vehicle or other thing to be searched if you have RGTB that no one is lawfully present. If the occupier or person in charge is not there when you search, you must leave a copy of the warrant OR POL 1275 search notice to occupier 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.