Revise Flashcards
If you don’t have the grounds for a SW, what other options are available to you?
● Consider using warrantless power available to you, which gives you power to search without a warrant.
● If you do not have ground to use warrantless power to search, consider requesting a search by consent - not a favourable option due to rules that apply to consensual search for search to be lawful
What must you ensure prior to making an online search warrant application?
● RGTS that an imprisonable offence has been, will be, is being, or is about to be committed; and
● RGTB that a search will find evidential material in respect of the offence in the place, vehicle, other thing or facility.
● Checked target history in NIA for other S.W application or outcomes
● Assessed the risks associated with executing the search warrant
● Obtained initial approval from a supervisor at or above the rank of Sgt to proceed
Who can issue a search warrant?
An issuing officer:
High Court Judge or District Court Judge
or
Any person authorised by the attorney general:
- Community Magistrate
- Justice of the Peace
- Register
- Deputy Register
When will a search warrant be authorised?
When the issuing Officer is satisfied the application clearly shows:
- RGTS an imprisonable offence has been will be or is about to be committed; and
- RGTB the search will find evidential material in respect of the offence in the place, vehicle or other thing.
There are restrictions that an issuing officer can put on search warrant, what are they?
● Time when the search warrant can reasonably be executed
● Requiring the occupier in charge of a place to provide reasonable assistance to the OC warrant
● Requiring a report on the S.W within a specific time
What actions should you take if a search warrant is refused?
- Record issuing officers REASONS for refusal
- Consider the issues raised and if possible RE-DRAFT the application, ensuring you have addressed the issues.
- Resubmit the application to the same Issuing officer.
What if the issues, in the search warrant after being assessed by an issuing officer, cannot be addressed?
- Make further enquiries to support (or otherwise) the application.
- Consider whether to continue the investigation without conducting the search.
- If reasons for not signing search warrant do not seem justified, submit a report to legal services for direction.
Who may execute a search warrant?
- The person to whom it is directed or any Constable.
How long is a search warrant valid?
- No more the 14 days from the date of issue, as specified by the issuing officer.
- No more the 30 days from the date of issue, as specified by the issuing officer, if you have justified why this is necessary and the issuing officer is satisfied.
When can a search warrant be executed?
● At any reasonable time under the circumstances; or
● At a restricted time required by the Issuing Officer as a condition of execution
When is a search warrant considered executed?
(i) Have seized the evidential material specified in the S.W; or
(ii) Leave the place, vehicle or other thing and do not return within 4 hours
How many times can a SW be executed?
● Once, unless
● More than one execution is applied for, justified + authorized in the search warrant. Must detail the reasons for the multiple entries
Under section 131 your are obliged to provide a copy of the SW and an inventory of any items seized to the occupier, section 134 provides grounds in which an application can be made to postpone section 131, what are the grounds? and when must the application be made?
If providing a copy of the SW or inventory would:
- endanger the safety of any person, or
- prejudice the on-going investigation
An application can be made under S.134, and should be presented to a judge:
- at the time of the search warrant application, or
- before 7 days has passed after the search warrant execution.
** A judge may postpone the obligations for a period not exceeding 12 months **
When briefing for a search warrant, what process should be followed?
GSMEAC
Ground - location to be searched, address, neighbours.
Situation - reason for seeking SW, background on suspects.
Mission - address, suspect(s) and specific evidential material sought.
Execution - timing, method of entry, roles, responsibilities obligations on entry, managing suspects, searching for and recording evidential material, assisting vulnerable persons, sequence of events and managing risk and ensuring safety.
Administration & Logistics - travel to and from the place, timing of the SW execution, recording of EM seized.
Command & Signals - cell - phone numbers & radio channel, debrief.
When holding a search warrant briefing, what must you do?
1) Ensure all staff are present
2) Go through warrant information - GSMEAC
3) Use maps, photographs to ID targets
4) Provide copies of all important documents - list of items of search
5) Ensure all staff are clear about their specific role/responsibility
6) Advise staff what can and can’t be in notebooks (as disclosable, think about CHIS).
Risks, when assessing risk with SW, what must you consider?
(i) identified (ID risk)
(ii) assessed (Assess Risk)
(iii) Considered in planning how you execute the S.W
(iv) Communicate the management of the risk to your team
Risk must be assessed before the application is approved and again before a search warrant is executed.
Use TENR (Threat, Exposure, Necessity, Response)
What is the O/C warrants priorities at a SW?
- GSMEAC
- To safely execute search warrant - safety is paramount
- The safety of all staff, vulnerable occupants / suspects
- Safety of neighbouring premises and members of the public
- On-going assessment of risks, management of risks and communicate it to staff involve
Who may apply for a production order? and who’s authority do you need? and when must you seek prior approval from a district approver?
Any enforcement officer may apply to an issuing officer for a production order.
Where practicable obtain written authority from constable of the position SGT or above.
Must seek prior approval from district approver before making an application directed to a telecommunications provider seeking info such as call associated data or content.
What must a district approver consider prior to approving a PO?
- The grounds for applying for PO are met.
- resource benefit is advantageous to Police.
- information sought does not make unreasonable or unnecessary demands of the provider.
What is the duration of a PO?
PO is in force for the period specified in the order (not exceeding 30 days after the date on which the order is made).
What grounds must exist for the application of a PO?
RGTS an offence has been, is being or will be committed, and
Believing that documents requested will,
- Constitute evidential material in respect of the offence; and
- Are in the possession or control of the person against whom the order is sought, or will come into their possession, or under their control while the order is in force. (s. 72)
When can hearsay evidence be used as evidence for a PO?
If it’s highly reliable.
Reliability can be indicated by:
- Sufficient information to prove the reliability.
- informants reliability and any information provided in the past.
- whether information has been confirmed by another means.
If your PO application relates to a media organisation, who must you get approval from?
If it relates to Police executive, PNHQ.
If it relates to district, district commander.
What activities is a SDW required for?
● use of an interception device to intercept a private communication:
● use of a surveillance device that involves trespass to land or trespass to goods:
● Observation of private activity in private premises and any recording of that observation, by means of a visual surveillance device.
Exceptions:
● Situations of emergency or urgency; and
● Activity that don’t require a warrant
** Surveillance is unlawful if it involves trespass - unlawful entry on private land. **
