Search and Surveillance

Question 1

When using a warrantless search power you must report this within what timeframe?

Answer 1

As soon as practicable. Policy states before the end of shift.

Question 2

Section 116 allows you to secure 3 things if you are carrying out a search:

Answer 2

1. Secure the place, vehicle or other thing being searched
2. Secure any part of that place, vehicle or thing
3. Secure any items found in that place, vehicle or thing

Question 3

Section 116 allows you to exclude/direct people to:

Answer 3

1. Exclude any person from the place, vehicle or other thing being searched
2. Exclude any person from any area within the place, vehicle or other thing
3. Give any reasonable direction to such a person

Question 4

Under section 116, if you are exercising a power, and any person affected by the search requests it, you must produce 3 things:

Answer 4

1. Identify yourself by name or unique identifier’
2. Advise the person being search, the name of the act, and the reason for the search
3. Produce ID if not in Police uniform

Question 5

Who can authorise a search warrant?

Answer 5

1. District Court Judge
2. High Court Judge
3. Justice of the Peace
4. Community Magistrate
5. Registrar
6. Deputy Registrar

Question 6

How long is a search warrant valid?

Answer 6

Generally 14 days from the date of issue as specified by the IO or 30 days if justified to be necessary and the IO is satisfied.

Question 7

Who may execute a search warrant?

Answer 7

The person(s) to whom it is directed or any Constable and authorised officer warranted by the Commissioner to exercise search powers.

Question 8

When can a search warrant be executed?

Answer 8

At any time that is reasonable or at a restricted time directed by the IO.

Question 9

When is a search warrant considered executed?

Answer 9

When the evidential material specified in the search warrant is seized or you leave that place for over 4 hours.

Question 10

How often can a search warrant be executed?

Answer 10

Once unless more than one execution is applied for an authorised.

Question 11

What are your obligations on entry at a search warrant?

Answer 11

1. Identify yourself by name or unique identifier
2. State the name of the act and the reason for your search
3. Announce your intention to enter and search
4. Provide a copy of the search warrant

Question 12

You are applying for a warrant to search a gang headquarters for evidential material relating to the manufacturing of methamphetamine. What if you believe that complying with notice obligations would be dangerous to those involved?

Answer 12

You can 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 13

You can only search for evidential material specified on the search warrant however S&S Act provides powers for dealing with other items that you may find in the course of executing a search warrant:

Answer 13

1. S112 - items of uncertain status may be seized

2. S123 - Seizure of items in plain view

Question 14

If you intend to stop a vehicle to execute a search warrant or warrantless search which section allows you to stop the vehicle?

Answer 14

S121

Question 15

Which section allows you to enter any place to locate the vehicle to execute the search warrant if you have RGTB that the vehicle is there.

Answer 15

S127

Question 16

Name three S&S sections that allow you to stop vehicles

Answer 16

S32 - Road blocks
s9 - Stop a vehicle to search for persons unlawfully at large or who have committed imprisonable offences, then search under s10
S121 - Stop a vehicle to then search using a warrantless power or execute search warrant