Post Search Processes

Question 1

Securing premise

Answer 1

Premises must never be left unoccupied and insecure after a forced-entry, as liability for any loss may arise, e.g. if the contents are stolen from the address. Officers in charge should make every attempt to prevent such loss by ensuring the property is made secure without incurring a liability for costs on behalf of Police.
Generally this will mean:
• liaising with the owner or occupier to secure their own property. If
necessary and practicable, offer to wait for a specified period of time for
the owner or occupier, or an agent, to arrive to do this; or
• at the occupier’s or owner’s request, engaging a contractor to make the
premises secure on the understanding that the occupier or owner will
bear the cost, or
• attending staff effecting a t

Question 2

Damage during search warrant

Answer 2

Where the execution of a search warrant or other statutory power is justified by the outcome of its execution, and the resulting loss or damage is suffered by the subject of the search or process, compensation will seldom be paid. Example:
• A search warrant is executed at an address in respect of cannabis cultivation, where plants are found and the owner is aware of the cultivation or is responsible for it. Compensation for justifiable damage will not be paid.
Where the execution of a search warrant or use of other statutory power is not justified by the outcome of its execution, but the grounds for the execution were sound, compensation is unlikely to be paid. However, any related claims will be considered on a case-by-case basis.

Question 3

Police policy on search warrant damage

Answer 3

Police employees must not incur expenditure or any indication or undertaking on behalf of Police to rectify damage caused to any property in the execution of a search warrant or statutory power, as this pre-empts any decision as to the payment of compensation.
Where a claim arises, or is likely to arise, it should be directed by the officer in charge of the incident to the District Commander or National Manager for consideration along with a report containing the following information:
• the circumstances in which the search warrant or statutory power was
executed;
• the grounds for its execution;
• the damage caused and the associated circumstances;
• the outcome of the search warrant or statutory power being executed;
• details regarding the owner of the property and the occupier or user of
the property, at the relevant time;
Search and Surveillance Act 2012 CIB019 44

• the nature and basis of the claim, as stated by the owner of the property;
• any steps taken by Police or the owner to prevent further loss or damage.
Whilst it is not anticipated that employees will solicit claims for compensation from property owners, officers in charge should assist owners in putting their claim forward for consideration if they lack the ability to do so, when there is a basis for making such a claim.