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CIB_019 - Search and Surveillance Act > SEARCH WARRANT > Flashcards

SEARCH WARRANT Flashcards

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1
Q

What are the key steps in the search warrant process ?

A
  1. Gain prior approval
  2. Gain online approval
  3. Gain authorisation from Issuing Officer
  4. Plan and brief the search warrant briefing
  5. Execute search warrant
  6. Report outcome
  7. File investigation report
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2
Q

When considering whether applying for a search warrant is practicable, remember that in certain circumstances, with supervisor approval you can ?

A
  • Apply for 4X orally
  • Apply for 4X without approaching IO in person (over the phone)
  • Secure the scene (s.117 6hrs) while you apply for the 4X
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3
Q

Before commencing to make an application for a search warrant you must ?

A
  • RGTS an offence punishable by imprisonment offence has been, is being, will be, about to be committed
  • RGTB the search will find EM in respect to that place, vehicle, other thing or facility
  • Checked targets on NIA and other 4X application and outcome
  • Assessed the RISK assessment with executing the 4X
  • Obtain initial approval from supervisor or above rank of Sgt to continue with online application
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4
Q

Any search is inherently risky ? These risk must be ?

A
  • Identified
  • Assessed
  • Considered in the planning of how you will execute the 4X
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5
Q

A planned action risk assessment and CARD prompt must be completed and

A

TENR applied to asses

Threat Exposure Necessity, Response (measure to reduces risk)

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6
Q

If a 4X application is about to be made or has been made and you are waiting to hear if it has been authorised, and you have RGTB that EM may be CADD or removed before the 4X can be issued you may ?

A

S.117
• Enter and secure the place, vehicle, or other thing
• Secure any items found there
• Direct any persons to assist with entry and searching the place?l, vehicle or securing items in it

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7
Q

What happens if the 4X is at the wrong address ?

A

S.117

• Enter and secure the address until the 4X is amended

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8
Q

The powers conferred by s.117 may be exercised until the first of the following occur ?

A
  • Expiry of 6 hours from when the power was first exercised
  • Warrant is available for execution at that place, vehicle, other thing
  • Application for 4X is refused
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9
Q

Who can issue a 4X warrant ?

A 
Issuing officer may be 
• District Court Judge 
• High Court Judge
Or any person authorised by the attorney general such as a ? 
• JP 
• Registrar 
• Deputy Registrar 
• Community Magistrate
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10
Q

When will a search warrant be authorised ?

A

An IO May authorised a 4X for a place, vehicle, other thing, facility if they are satisfied that the 4X application clearly shows
• RGTS an offence punishable by imprisonment offence has been, will be or about to be committed
• RGTB the search will find EM in respect of an offence in the place ……

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11
Q

What restrictions may an IO out on a search warrant ?

A
  • Time when search warrant can be reasonably be executed
  • Occupier or person in charge of a place to provide reasonable assistances to the officer executing the 4X
  • Requiring a report on the 4X within a specified time
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12
Q

When the IO does not sign your 4X application you should ?

A
  • Record the IO reasons for refusing to sign
  • Consider the issues raised, re draft the application addressing the issues raised
  • Re Submit the application to the same issuing officer
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13
Q

If the issues cannot be addressed, what do you do ?

A
  • Conduct further enquiries to support your application
  • Consider continuing with the investigation without conduction a search
  • Write a report to legal services for direction
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14
Q

Who may execute a 4X ?

A
  • To whom it is directed

* Any Constable

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15
Q

How long is a 4X warrant valid ?

A
  • No more than 14 days from the date of issue specified by IO
  • No more than 30 days from the date of issue specified by IO
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16
Q

When is a 4X considered executed ?

A
  • Seized material specified in the 4X

* You have left the place, vehicle, other thing - don’t return within 4 hours

17
Q

When can a search warrant be executed ?

A
  • At any reasonable time under the circumstances OR

* A restricted time required by the IO as conditions of execution

18
Q

How often can a search warrant be executed ?

A
  • Once unless
  • More than one execution is applied for, justified and authorised in the 4X. Must detail the reason for multiple reasons.
19
Q

Risk assessment must be on-going and in preparing a search warrant execution plan you must ?

A
  • Review and re-assess the identified risks
  • Work with others to identify and consider any further risks
  • Plan how to manage and minis use and identified risks
  • Determine how risk management will be communicated in your search warrant briefing
20
Q

When executing a 4X you are obliged to, provide a copy of the 4X and an inventory of any items seized to the occupier (s.131) if proving a copy of the 4X or inventory would ?

A

• Endanger the safety of any person OR
• Prejudice on-going investigation
May apply to a Judge to postpone your obligation to provide a copy of 4X

21
Q

An application to postpone is made under a.134 of the Act and should be presented to the Judge when ?

A
  • At the time of the 4X application OR

* Before 7 days has passed after 4X execution

22
Q

How long can a Judge postpone these obligations ?

A

• 12 months

23
Q

The safety of staff executing a 4X (& of any other people who may be present at the target) is a primary concern. When executing a 4X you may be required to use reasonable force to ? AWOCA and TENR to use ?

A
  • Enter the place, vehicle, other thing
  • Search (on property only) and seize
  • Carry out search of a person s.125
24
Q

What is GSMEAC and key points to cover in a 4X briefing ?

A
  • Ground - Location to be searched, address and neighbours
  • Situation - Reason for the 4X, background information of suspects
  • Mission - Address, suspects, specific EM sought
  • Execution - Timings, roles o/c exhibit, o/c scene, manage suspect, manage vulnerable people, responsibilities, searching and recording EM
  • Administration - Travel to and from place to be searched under warrant, timing of 4X execution, recording of EM seized
  • Communication - Cell phone numbers and radio channels, before and during execution of 4X debrief
25
Q

The person in charge of the 4X briefing should ?

A
  • Ensure all required staff are present
  • Use maps, charts, diagrams, photographs
  • Provide copies of all important documents
  • All staff present are clear their roles and responsibilities
26
Q

The briefer should also identify ?

A
  • All risk and how to mitigate them

* Any issues relating to sensitive or source CHIS related information

27
Q

Obligations for 4X ?

A
  • s.131 identification and notice requirements when searching places, vehicles, and other things
  • s.125 the rules for searching people
  • s.110 powers incidental to search
  • s.169 Report
28
Q

Before or when you enter a place or vehicle to execute a search warrant you must ?

A
  • ID yourself name or QID
  • Produce ID if not in uniform
  • State name and act and reason for search (RAN)
  • Announce your intention to search
  • Provide 4X
29
Q

What do you do f occupants see the list of EM in the 4X and alert others to your investigation ?

A

• You may delay complying with the s.131 announcement obligation at the time of entry

30
Q

What do you do if no one is home ?

A
  • If you have RGTB no one is at the address to be searched you DONT have to comply with the s.131
  • You must leave a copy of the 4X and inventory list
  • If not reasonable practicable then this must be completed within 7 days of 4X being executed
31
Q

When you are executing a 4X for drugs (offence against the MODA 1975) you may search any person found in the place or vehicle you are searching.

What are your obligations and rules ?

A
  • Set out in s.125
  • ID self by name or unique QID
  • Advise person of the enactment under which the search is taking place and the reason for the search, unless it is impracticable to do so
  • Produce evidence of ID if not in uniform
32
Q

When exercising a power to search a person you may ?

A
  • Detain - Person for search, long as reasonable necessary
  • Use force - That is reasonable for the search
  • Search any item - the person is wearing, carrying or is in their physical possession or immediate control
  • Seize - anything carried by or in their possession or immediate control if the thing is subject of the seize or may be lawfully seized
33
Q

s.121 provides the power to stop a vehicle if you intent to search it, you may ?

A
  • Stop the vehicle if you have authority to search the vehicle by
  • Executing a 4X OR
  • Using a warrantless search power
34
Q

What powers allows you to enter a place and what circumstances you must be in ?

A
  • Locate the vehicle to execute a 4X IF
  • You have RGTB that the vehicle is there

You are not required to specify a place for the vehicle to be located in the 4X application. Your 4C target is the vehicle must comply with s.131

35
Q

If you are carrying out a lawful search and it is not reasonably practicable to determine whether any item can be lawfully seized you may ?

A
  • Remove the item for examination or analysis off site to determine if you can seize it lawfully
  • Any item you want to remove must be within the scope of the search (testing drugs)
36
Q

When can you exercise the power s.112 ?

A
  • Exercising a search power
  • Carrying a lawful search (during a 4X)
  • Lawfully in a place or vehicle
37
Q

You may seize any item you find in plain view when you are searching of that you observe if ?

A

• You have RGTB that you could have seized the item under a 4X or other search power

CIB_019 - Search and Surveillance Act (6 decks)

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