SEARCH WARRANT Flashcards
What are the key steps in the search warrant process ?
- Gain prior approval
- Gain online approval
- Gain authorisation from Issuing Officer
- Plan and brief the search warrant briefing
- Execute search warrant
- Report outcome
- File investigation report
When considering whether applying for a search warrant is practicable, remember that in certain circumstances, with supervisor approval you can ?
- 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
Before commencing to make an application for a search warrant you must ?
- 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
Any search is inherently risky ? These risk must be ?
- Identified
- Assessed
- Considered in the planning of how you will execute the 4X
A planned action risk assessment and CARD prompt must be completed and
TENR applied to asses
Threat Exposure Necessity, Response (measure to reduces risk)
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 ?
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
What happens if the 4X is at the wrong address ?
S.117
• Enter and secure the address until the 4X is amended
The powers conferred by s.117 may be exercised until the first of the following occur ?
- 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
Who can issue a 4X warrant ?
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
When will a search warrant be authorised ?
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 ……
What restrictions may an IO out on a search warrant ?
- 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
When the IO does not sign your 4X application you should ?
- 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
If the issues cannot be addressed, what do you do ?
- Conduct further enquiries to support your application
- Consider continuing with the investigation without conduction a search
- Write a report to legal services for direction
Who may execute a 4X ?
- To whom it is directed
* Any Constable
How long is a 4X warrant valid ?
- 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
When is a 4X considered executed ?
- Seized material specified in the 4X
* You have left the place, vehicle, other thing - don’t return within 4 hours
When can a search warrant be executed ?
- At any reasonable time under the circumstances OR
* A restricted time required by the IO as conditions of execution
How often can a search warrant be executed ?
- Once unless
- More than one execution is applied for, justified and authorised in the 4X. Must detail the reason for multiple reasons.
Risk assessment must be on-going and in preparing a search warrant execution plan you must ?
- 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
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 ?
• 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
An application to postpone is made under a.134 of the Act and should be presented to the Judge when ?
- At the time of the 4X application OR
* Before 7 days has passed after 4X execution
How long can a Judge postpone these obligations ?
• 12 months
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 ?
- Enter the place, vehicle, other thing
- Search (on property only) and seize
- Carry out search of a person s.125
What is GSMEAC and key points to cover in a 4X briefing ?
- 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
