Search Warrant Process

Question 1

Discuss what’s practicable in the circumstances when applying for a search warrant.

Answer 1

With supervisor approval, you can:

• apply for a search warrant orally
• apply for a search warrant without approaching an issuing officer in person (by using the phone or e mail).
• secure a scene while you apply for a search warrant for a maximum period of 6 hours (section 117).

Question 1

Disucss the key steps in the Search Warrant process.

Answer 1

Search Warrant Process:

1. Gain prior approval
2. Gain online approval
3. Gain issuing officer authorisation
4. Plan and Brief search warrant execution
5. Execute search warrant
6. Report outcomes
7. File Investigation Records

Question 2

Before making an online application, what must be considered?

Answer 2

• RGTS that an offence punishable by imprisonment has been, is being or is about to be committed, and
• RGTB that the search will find evidential material in respect of the offence in the place, vehicle, other thing or facility.
• Have checked the target/s history in NIA for other search warrant applications/outcomes.
• Have assessed the risks associated with executing the SW
• Have obtained initial approval from a supervisor at or above the rank of Sergeant to proceed with the online application.

Question 3

When you are thinking about is it practicable in the circumstances to apply for a S W, consider questions like the below and record as decision log:

Answer 3

• Is there time to gain approval and apply for a S W
• Can the scene be secured (under S 117)
• Are reasonable resources available to minimise risk and ensure safety
• Is the evidential material at risk
• Location of the search and who may be present.