Search Warrants Flashcards
7 step search warrant process:
Gain prior approval Gain online approval Gain issuing officer authorisation Plan and brief search warrant execution Execute search warrant Report outcomes File investigation records
Before applying for a SW online, you must:
- Have RGTS an imprisonable offence has, is being, or will be committed AND RGTB will find evidential material
- Have checked targets history
- Have assessed the risks
- Have initial approval from supervisor at or above rank of sergeant
Search warrant risk assessment:
Risks must be:
- identified
- assessed
- considered in execution
Must be assessed before application is approved
Planned Action Risk Assessment must be completed
s 117
If search warrant is pending
And RGTB evidential material may be CADD, you may:
- enter and secure a place, vehicle, thing
- secure any item found there
- direct any person to assist with entry
- direct any person to assist
117 may exercised untill:
- 6 hours expires
- warrant is available
- warrant application is refused
Who can issue a search warrant?
- Issuing officers:
- district court judge
- high court judge - Any person authorised by attorney general:
- JP
- community magistrate
- registrar
- deputy registrar
An issuing officer will authorise a search warrant when:
The application clearly shows the RGTS an imprisonable fence has is it will be committed and RGTB will find evidential material in respect to that offence
An issuing officer may put what three restrictions on a search warrant?
- restricting the time it may be reasonable executed
- requiring the occupier to provide reasonable assistance to executing officer
- requiring a report on warrant
Who may execute a search warrant
The person to whom it is directed or any Constable
How long is a search warrant valid
14 days from date of issue
Or
30 days, if justified and issuing officer is satisfied
When can a search warrant be executed
At any time that is reasonable in the circumstances
Or
At a restricted time required by the issuing officer
When is a search warrant considered executed
When you have seized the evidence risk material specified in the warrant
Or
You leave the place vehicle or thing and don’t return within four hours
How often can a search warrant be executed
Once
Or
More than once if applied for, justified, and authorised. Must detail reason for multiple entries.
Application to postpone compliance with a 131
s 134
If complying with 131 (providing warrant copy and inventory of items taken) would:
- endanger safety of a person
- prejudice investigations
How to apply to postpone under s134:
At time of search warrant application
Or
Before 7 days has passed after warrant execution
A judge can postpone to a period not exceeding 12 months
Three sections and reasons for using reasonable force during the execution of a warrant:
Enter place vehicle or thing s 131
Search and seize s110
Search person s125
GSMEAC
G
Ground
location to be searched
Address
Neighbours
GSMEAC
S
Situation
Reason for seeking the warrant
Background on any suspects
GSMEAC
M
Mission
Address
Suspects
Specific evidential material sought
GSMEAC
E
Execution
Timings method of entry Roles Responsibilities Obligations on entry managing suspects Search Recording Assisting with vulnerable people Sequence of events Managing risks
GSMEAC
A
Admin
Travel
Timings
Recording
GSMEAC
C
Command and signals
Cell phone numbers
Radio channel
Debrief
Person in charge of warrant briefing should
Ensure all staff present Use maps and diagrams Provide copies of documents Clarify times and responsibilities Identify risks and how to mitigate them
Rules and obligations when conducting a search warrant:
S131: identification and notice requirements
S125: rules for searching people
S110: powers incidental to search
S169: reporting
Additional powers when executing a search warrant:
S116: securing a place vehicle or thing and excluding persons
S118: powers of detention incidental to the search of places
S119: powers of search by a person who has powers of arrest
S121: stopping vehicle for search
S122: moving vehicles for search/ safekeeping
S112: seize items of uncertain status
S123: seize items in plain view
If a search warrant application is refused, you should:
- record the issuing officers reason for refusal
- consider the issues raised and re draft the application of possible
- re submit the application to the same issuing officer
If issues cannot be addressed:
- make further enquires to support application
- consider continuing investigation without search
- if the reasons for refusal seem u justified, submit report to legal services for direction
