Search Warrant Flashcards
Alternatives to search warrants
Apply orally
Apply for warrant without approaching issuing officer - by phone
Secure a scene while you apply for a warrant s117
Before sw application
Rgts offence
Rgtb evidential material is in place veh thing
Check target nia hist for other warrant applications and outcomes
Asses the risks
Obtain initial approval
Risks must be
Identified
Assessed
Considered in planning how you exec sw
Who may issue a sw?
Issuing officer
DC/HC judge
Or any person authorised by attorney general JP Community magistrate Registrar Deputy registrar
May put on restrictions:
Restrict time when search warrant may be executed
Require occupier of place to provide reasonable assistance
Require a report on the search warrant within specified time
If issuing officer declines warrant application
Record reasons for refusal
Consider issues raised and if possible, redraft application
Re submit to the same IO
If issues cant be address:
Make further enquiries to support application
Consider whether to continue investigation without search
If reasons dont seem justified, submit a report to legal services for direction
Who may execute a sw
Who?
The person to whom it is directed or any constable
How long?
No more than 14 days from date of issue, as specified by IO
No more than 30 days from date of issue, as specified by IO if you have justified why this is neccessary and IO is satisfied
When?
Reasonable under circumstances
At a restricted time required by IO
When is warrant considered executed?
When you seize evidential material specified in warrant
Leave the veh place thing and do not return in 4 hours
How often?
Once unless
More than one warrant is applied for, justified and authorized in the warrant.
Application to postpone compliance
When executing a search warrant, you are obliged to provide a copy of the search warrant and an inventory of items seized s131.
If providing a copy of the sw and inventory would:
Endanger safety of any person or
Prejudice on going investigations
You may apply to a judge to postpone your obligation to provide a copy of the warrant.
An application to postpone is made under section 134 of the act and should be presented to the judge at the time of the search one application or before 7 days has passed after the search warrant execution
A judge can also postpone these obligations for a period not exceeding 12 months
Obligations and powers when executing a sw
Obligations ID and notice requirements when searching place veh thing s131 Rules for searching people s125 Powers incidental to search s110 Reporting s169
Additional powers
Secure place etc to be searched and exclude any person s131
Power of detention incidental to search s118
Power of search by person with power of arrest s119
Stopping veh for search s121
Moving veh for search s122
Seize item in plain view s123
Item of uncertain status s112
Obligation on entry
ID self. Provide evidence of ID State name of act and reason Intention to enter and search Copy of warrant Caution
RAINCC
Search warrant for drugs
When exercising as power to search a person, you may:
Detain person for search
Use force that is reasonable
Search any item th person is wearing carrying or in their physical possession or control
Seize anything in their possession or control if it is subject of search or may be lawfully seized
S127 executing warrant for a vehicle
You may enter any place
To locate the vehicle to exec search warrant if RGTB the vehicle is there
Not required to specify place for the vehicle to be located in the sw application.
S131 obligations apply
