Search Options

Question 1

– If it is not practicable in the circumstances to apply for a search warrant, what are the other two options available to you?

Answer 1

• Search using a warrantless power if a warrantless power is available
• Search by consent, if you do not have grounds to apply for a search warrant or use a warrantless power, then you may request a search by consent. A consent search is not the most desirable action as there are additional rules that apply to consent searchers and these rules must be followed if the search is to be lawful.

Question 2

– Why do we use a search warrant?

Answer 2

• Ensures judicial oversight
• Provides greater protection for police and the public
• Requires recording and reporting results

Question 3

To search by warrant requires participation in an end-to-end process. This process provides a series of checks and balances to protect both the police and the public. Describe this process?

Answer 3

The process moves from initial approval to application, authorisation, execution and onto final reporting of search warrant outcomes.