Search Options

Question 1

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

Answer 1

• Search using a warrantless power – if a warrantless power is available to you, then you have a power of search without a warrant.
• Search by consent – if you do not have grounds to apply for a search warrant or to use a warrantless power, then you may request a search by consent.

If you do not have a search warrant, a warrantless power of search, or consent from the person, you cannot search.

Question 2

Why use a Search Warrant?

Answer 2

Using a search warrant:

1. Ensures judicial oversight
2. Provides greater protection for Police and the public
3. Requires recording and reporting of results

Question 3

What must you determine before conducting a search by consent?

Answer 3

You must determine that the search is for the following reasons:

• to prevent the commission of an offence
• to investigate whether an offence has been committed
• to protect life or property
• to prevent injury or harm

One or more of these situations must exist to justify any consent search (section 92).

Question 4

What must you advise the person from whom consent is sought?

Answer 4

• the reason for the proposed search; and
• they may consent or refuse to consent to the search.

Note: a person who consents to a search of themselves, place, vehicle or thing in their control may withdraw their consent at any time.

Question 5

Disucss whether a person under 14 can consent to a search.

Answer 5

A person under 14 years old is unable to consent to the search of a place, vehicle or other thing (unless they are found driving with no passenger of or over 14 years of age with authority to consent to the vehicle’s search).

Under the Search and Surveillance Act reporting requirements you do not have to report a consent search.