Search Warrant Flashcards
What is the three criteria required for a regular search warrant?
A police officer.
Believes on reasonable grounds.
Within 72 hours.
What is the three criteria required for a Covert Search warrant?
An eligible applicant.
Suspects on reasonable grounds.
Within 10 days.
What is the three criteria required for a Criminal Organisation warrant?
An eligible applicant.
Suspects on reasonable grounds.
Within 7 days.
What does Crowley v Murphy say about the subjective and objective test?
It is the subjective belief or suspicion of the officer, but
It is an objective test by the Justice as to whether that suspicion or belief is reasonable.
Who is an executing officer under S.46?
Any police officer.
What level of eligible officer is required for each warrant?
Authorised officer for normal warrant - Magistrate/registrar.
For Covert or Criminal Organisation warrant - Eligible Judge.
Who is authorised as an eligible applicant for each warrant type?
Normal - Any police officer
Covert/Crim Org - Any police officer who is authorised by Superintendent or above.
What are the searchable offences for each warrant?
Normal - Indictable offences, etc
Covert - serious offence over 7 years drugs, homicide etc.
Crim Org - serious indictable offence arising from Crim Org.
What does section 72 say about time frames?
Executed by day 6am to 9pm.
Justice can extend warrant if satisfied it can’t be executed within 72 hours.
A night warrant is invalid if justice doesn’t complete grounds for execution at night - Carroll v Mijovich
What does Larsson v Commissioner of Police say about execution of a search warrant?
Legislation did not intend on multiple entries into a premises.
What are the requirements under Section 68 LEPRA prior to entry?
Announce authorization by search warrant.
Give an opportunity to allow entry into premises.
What are the requirements of the occupiers notice under S.67 LEPRA?
As soon as reasonable practicable after entry serve the occupiers notice on person above 18 years of age/apparent occupier.
If no person is present within 48 hours.
What does DPP v Southhorn say about serving search warrants?
Search warrants do not have to be served on or form part of the brief.
What does DPP v Webb say about TI warrants?
Warrant must be served if the prosecution intend to reply on such evidence.
When checking a brief involving a search warrant what should you check for? (RODGER)
Receipts were issued. Occupiers notice was supplied. Defect on face. Goods seized match goods named in warrant. Executed within time. Report back to court after execution.
