Safety and search warrant briefings

Question 1

What must you consider when preparing a SW execution plan?

Answer 1

• review and re-assess the identified risks
• work with others to identify and consider any further risks
• plan how to manage and minimise any identified risks
• determine how risk management will be communicated in your search warrant briefing

Question 2

What must be considered when postponing your compliance obligations?

Answer 2

If providing a copy of the search warrant or inventory would:

• endanger the safety of any person, or
• prejudice on-going investigations you may apply to a judge to postpone your obligation to provide a copy of the search warrant.

Question 3

When should the application to postpone be presented to a Judge?

Answer 3

An application to postpone is made under section 134 of the Act and should be presented to the judge:

• at the time of the search warrant application, or
• before 7 days has passed after the search warrant execution

A Judge can also postpone these obligations for a period not exceeding 12 months. This would apply to a long term investigation.

Question 4

If you believe that complying with notice obligations would be dangerous, you can:

Answer 4

Apply to a judge to postpone your obligations to leave a copy of the search warrant when you are applying for the search warrant or up to 7 days after the search warrant was executed.

Question 5

Discuss when force may be use.

Answer 5

When executing a search warrant you may be required to use reasonable force to:

• enter the place, vehicle or other thing (section 131)
• search (on property only) and seize (section 110)
• carry out a search of a person (section 125)

Remember to use AWOCA and TENR as required.

Question 6

Discuss GSMEAC.

Answer 6

Ground
* location to be searched
* address
* neighbours

Situation
* reason for seeking the search warrant
* background on any suspect(s)

Mission
* address
* suspect(s)
* specific evidential material sought

Execution
* timings
* method of entry
* roles – O/C Scene, O/C Exhibits etc
* responsibilities
* obligations on entry
* managing suspects
* searching for evidential material
* recording evidential material
* assisting vulnerable people
* sequence of events
* managing risks and ensuring safety

Administration and Logistics
* travel to and from the place to be searched under warrant
* timing of the search warrant execution
* recording of evidential material seized

Command and Signals
* cell-phone numbers and radio channels
* before executing the search warrant
* during execution of the search warrant
* debrief

Question 7

What should you do when holding a SW briefing.

Answer 7

The person in charge of the search warrant briefing should:

• ensure all required staff are present
• reinforce verbal information given with visual prompts
• use maps, charts, diagrams, photographs
• provide copies of all-important documents
• ensure all staff present are clear about their roles and responsibilities
• identify and advise staff of what they can record in their notebooks during the briefing as all entries may be disclosable