Search And Surveillance 2

Question 1

Search warrant process

7 steps

Answer 1

Prior approval 
Online approval 
Issuing Officer authorisation
Plan and brief 
Execute
Report
File

Question 2

Alternative methods for search warrant application

Answer 2

With supervisor approval

Oral application
Using phone
Secure scene - 117

Must make online application afterwards.

Question 3

Before application of search warrant

4 steps

Answer 3

1. Suspect of offence, believe EM
2. Check targets in NIA
3. Assessed the risks
4. Initial approval from supervisor

Question 4

Search warrant risk assessment

Risk must be

Answer 4

Identified
Assessed
Considered in planning

PARA CARD
Planned Action Risk Assessment

TENR

Question 5

Section 117

Answer 5

If warrant is being, about to be and RGTB CADD or removed you can

Enter and secure
Secure any item found
Direct any person to assist with above

Also, secure place for search warrant amendment.

Power expires:
After to 6 hours
Warrant becomes available
Warrant refused

Question 6

Who can issue warrant

Answer 6

District/high court judge

JP
Community Magistrate
Registrar
Deputy Registrar

Question 7

Issuing officer restrictions on search warrant, including

3 points

Answer 7

• timing of search warrant execution
• require occupier of place to provide reasonable assistance
• require a report within specific time

Question 8

When warrant application refused you should:

Answer 8

Record reasons

• Consider issues, address issues.
• Re-submit

If issues can’t be addressed

• Make further enquiries
• Consider investigation without warrant
• Submit report to legal services.

Question 9

Who can execute warrant

How long is warrant valid

Answer 9

Any constable or person to whom it is directed

No more then 14 days
No more then 30 days of you can justify why

As specified by issuing officer

Question 10

When can a search warrant be executed

When is a search warrant considered executed

How often can it be executed

Answer 10

Any reasonable time under circumstances
Restricted time as required by issuing officer

When EM is seized
Leave PVT and don’t return within 4 hours

Once, unless more then one execution is applied, justified and authorised.

Question 11

In respect of ongoing risk assessment, In preparation for execution of warrant you must

4 points

Answer 11

Review and re-assess risk
Identify further risk
manage and minimise
Communicate risk management

Question 12

Application to postpone S131 obligations

Answer 12

If providing notice would

• endanger safety
• prejudice investigation

Application may be made under section 134, presented to a judge.

• at time of application
• within 7 days after execution

Judge can postpone up to 12 months

Question 13

GSMEAC
GROUND

SITUATIONS

MISSION

Answer 13

Location
Address
Neighbours

Reason for seeking warrant
Background on suspect

Address
Suspect
Specific EM sought

Question 14

GSMEAC

EXECUTION

Answer 14

Timing
Method of entry
Roles and responsibilities 
Obligations 
Managing suspects
Search and recording EM
Assisting vulnerable people
Managing risk
Sequence of events

Question 15

GSMEAC
ADMIN

COMMUNICATION

Answer 15

Travel
Timing
Recording of EM

Cell-Number
Radio channel
Debrief

Question 16

OC warrant should:

Answer 16

• Ensure staff present
• Reinforce info with visuals- maps, diagrams, photos
• copies of important documents
• staff clear on roles and responsibilities
• tell staff about sensitive info, not for notebook.

Question 17

Section 19

Answer 17

Searching person pursuant to search warrant for drugs.

Question 18

What is a production order

Answer 18

• Made under S74
• Required person/organisation to produce documents as EM of specified offence
• in force for period specified, no longer then 30 days

Question 19

PO v SW

Answer 19

PO avoids disruption, offsets costs of physical presence and search, less intrusive and less costs

Question 20

Matters to consider before application production order

Answer 20

• Grounds for applying are met
• benefit of application is advantageous
• Info sought does not make unreasonable or unnecessary demands

Question 21

Approvals for production order

Answer 21

District approver approval for telecommunications.

Written consent from sergeant

Police executive/ PNHQ/DC for media organisations.

Question 22

Grounds for applying production order

Answer 22

Suspect of an offence

Believe

• documents sought constitute EM,
• are, or will be in possession or under control

Question 23

If oral application for PO is allowed:

Answer 23

Applicant must complete application within 24 hours

Issuing officer must record grounds ASAP

Question 24

Hearsay Evidence can be used if reliable, indicate reliability by:
3 points

Answer 24

• sufficient information to prove reliability
• indicate informants reliability, and giving reliable info in the past
• whether information confirmed by other means

Question 25

Damage to property during warrant/search power:

Answer 25

If justified by execution- no damages will be laid

If not justified by execution, but grounds to execute was sound- likely not paid case by case.

Landlords carry risk. If justified warrant and execution

If not justified, or mistake made or unreasonable damage, compensation likely will/ may be paid.

Question 26

Where damage claim is like to arise, report containing following info must be made:
7 points

Answer 26

Circumstances of execution 
Grounds for execution 
Damage circumstances 
Outcome 
Occupier details
Nature and basis of claim
Steps taken to prevent further loss/damage

Question 27

Securing premises:

Answer 27

Never be left unoccupied and insecure after forced entry as liability may arise

OC must make every attempt to prevent loss by securing property without incurring liability for cost

Means:
Liaise with owner to secure property
Engage a contractor at occupiers request and cost
Temporary repair by staff