Search Options Flashcards
1
Q
Search Options (If it is not practicable to apply for a search warrant, what options are available?)
A
a) Search using a warrantless power
If a warrantless power is available, then you have the power to search without warrant.
b) Search by consent
Can request - not desirable as there are rules that apply and to be followed in order for search to be lawful.
*REMEMBER - if you have no warrant, no warrantless power OR no consent - YOU CAN NOT SEARCH
2
Q
Why use a search warrant?
A
- Ensures judicial oversight
- Provides greater protection for Police and the Public
- Requires recording and reporting of results
