Search Warrants

Question 1

What are the steps in a search warrant process?

Answer 1

1. Gain prior approval.
2. Gain online approval.
3. Gain issuing officer approval.
4. Plan and brief search warrant execution.
5. Execute search warrant.
6. Report outcomes.
7. File investigation records.

Question 2

Practicable in the circumstances? Remember that with supervisor approval you can …

Answer 2

When considering whether applying for a search warrant is practicable, remember that with supervisor approval you can:

• Apply for a search warrant orally.
• Apply for a search warrant without approaching an issuing officer in person (by phone).
• Secure a scene while you apply for a search warrant for a maximum of 6 hours, s117.
• If you make an oral application you must make an online application in the S+S system as soon as possible, remembering to keep notes of the contents of the oral application.

Question 3

List the two requirements that must exist in order to begin a SW application.

List three further requirements that must be undertaken.

Answer 3

RGTS that an offence punishable by imprisonment has been, will be or is about to be committed; and

RGTB that the search will find evidential material in respect of the offence in the P, V or OT or facility.

1. That you have obtained initial approval from a supervisor at or above the rank of sergeant to proceed with the on-line application.
2. That you have checked the target’s history in NIA for other SW applications or outcomes.
3. That you have assessed the risks associated with executing the SW.

Question 4

When undertaking a risk assessment, list three ways to mitigate and contain any identified risks.

Answer 4

• Identify
• Assess
• Consider in planning how you execute the search warrant.

Question 5

What form must we fill out and forward to DCC/enter into i-net prior to S/W execution?

What tool can we use to mitigate and identify risks?

Answer 5

PARA (Planned Action Risk Assessment) and CARD prompt.

We use TENR to identify and mitigate risk.

Question 6

Define S117.

Answer 6

If an application for a search warrant 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 evidential material may be CADDd or removed before the search warrant can be issued, you may:

• Enter and secure a place, vehicle or other thing at any time that is reasonable in the circumstances, and
• Secure any item found there, and
• Direct any person to assist with entry and securing the place or vehicle or securing items in it.

117 is not a search power.

You must provide SW obligations in the form of RAN.

Question 7

Describe when you could use S117 with regards to an incorrect address.

Answer 7

If you arrive at the target address for the search warrant and realise that the address is incorrect, such as a flat or unit number. You could then enter and secure the correct address until the search warrant has been amended.

Question 8

S117 allows you to exercise powers to secure until such time as … ?

Answer 8

(a) the expiry of 6 hours from when the power is first exercised.
(b) the warrant is available for execution at that place or vehicle or in respect of that other thing.
(c) the application for a search warrant was refused.

Question 9

Who can issue a search warrant?

Answer 9

An issuing officer may be a:

• District court judge.
• High court judge.

Or any person authorised by the Attorney General such as a:

• JP
• Community Magistrate
• Registrar
• Deputy Registrar

Question 10

When will a search warrant be authorised?

Answer 10

An issuing officer may authorise a SW if they are satisfied that the SW application clearly shows the:

• RGTS an offence punishable by imprisonment has been, will be or is about to be committed.
• RGTB that the search will find evidential material in respect of the offence in the place, vehicle or thing.

Question 11

What restrictions or requirements may an issuing officer place on a SW?

Answer 11

• Restricting the time when the search warrant can reasonably be executed.
• Requiring the occupier or person in charge of a place to provide reasonable assistance to the officer executing the search warrant.
• Requiring a report on the search warrant within a specified time.

Question 12

What is the procedure when a SW is declined?

Answer 12

When the issuing officer does not sign a SW application you should:

• Record the issuing officer’s reason for refusing to sign.
• Consider the issues raised and if possible re-draft the application, ensuring you have addressed these issues
• Re-submit the application to the same issuing officer.

If the issues cannot be addressed:

• Make further enquiries to support (or otherwise) the application.
• Consider whether to continue your investigation without conducting a search.
• If the reason for not signing the SW does not seem justified, submit a report to legal services for direction.

Question 13

Who may execute a search warrant?

Answer 13

The person whom it is directed or any constable.

Question 14

How long is a SW valid?

Answer 14

• No more than 14 days from the date of issue, as specified by the issuing officer; or
• No more than 30 days from the date of issue, as specified by the issuing officer, if you have justified why this is necessary and the issuing officer is satisfied.

Question 15

When is a SW considered executed?

Answer 15

When you, or anyone assisting you:

• Have seized the evidential material specified in the search warrant; or
• Leave the place, vehicle or other thing to be search and do not return within 4 hours.

Question 16

When can a SW be executed?

Answer 16

• At any time that is reasonable under the circumstances; or
• At a restricted time required by the issuing officer as a condition of execution.

Question 17

How often can a SW be issued?

Answer 17

• Once, unless
• More than one execution is applied for, justified and authorised in the SW. You must detail the reason for the multiple entries.

Question 18

List steps you must take to help mitigate risk when preparing a search warrant execution plan.

Answer 18

• Review and re-assess the identified risks
• Work with others to identify and consider any further risks
• Plan how to manage and minimise any identified risks
• Determine how risk management will be communicated in your SW briefing

Question 19

To whom would you apply to postpone your obligation to provide a copy of the SW?

What circumstances must exist for this to be possible?

Answer 19

You may apply to a judge to postpone your obligations to provide a copy of the SW.

If providing a copy of the SW and inventory would:

-Endanger the safety of any person; or

-Prejudice any ongoing investigations.

Question 20

What section of the act obliges you to provide a copy of the search warrant and an inventory of items seized to the occupier?

Answer 20

S131.

Question 21

How is an application to postpone notice obligations made?

Answer 21

An application to postpone is made under s134 of the Act and should be presented to the judge:

• At the time of the SW application; or
• Before 7 days has passed after the SW execution.

A judge can postpone the obligations for a period not exceeding 12 months, this would apply to a long term application.

Question 22

What are the rules and obligations when executing a SW?

Answer 22

Rules and obligations:

-Powers incidental to search (Section 110)

-The rules for searching people (Section 125)

-Identification and notice requirements when searching P, V or OT (Section 131)

-Reporting (Section 169)

Question 23

Additional Powers when executing a SW?

Answer 23

Additional powers:

• Seizure of items of uncertain status (s112)
• Securing a P, V or OT to be searched and excluding any persons from there (S116)
• Powers of detention incidental to search of places or vehicles (s118)
• Powers of search by a person who has a power of arrest (s119)
• Stopping vehicles for search (s121)
• Moving vehicles for search/safekeeping (s122)
• Seizure of items in plain view (s123)

Question 24

Detail GSMEAC and provide examples of what you may cover in each part.

Answer 24

GROUND:

• Location to be searched
• Address
• Neighbours

SITUATION:

• Reason for seeking the SW
• Background on any suspect

MISSION:

• Commander’s intent
• Suspect(s)
• Specific evidential material sought

EXECUTION:

• Timings
• Method of entry
• Roles - O/C Scene; O/C Exhibits etc
• Responsibilities
• Obligations on entry
• Managing suspects
• Searching for evidential material
• Recording evidential material
• Assisting vulnerable people
• Sequence of events
• Managing risks and ensuring safety

ADMIN/LOGISTICS

• Travel to and from the place to be searched under warrant
• Timing of the search warrant execution
• Recording of evidential material seized

COMMAND/SIGNALS

• Cell phone numbers and radio channels
• Before executing the search warrant
• During execution of the search warrant
• Debrief

Question 25

The ‘E’ and the ‘A’ of GSMEAC

Answer 25

EXECUTION:

• Timings
• Method of entry
• Roles - O/C Scene; O/C Exhibits etc
• Responsibilities
• Obligations on entry
• Managing suspects
• Searching for evidential material
• Recording evidential material
• Assisting vulnerable people
• Sequence of events
• Managing risks and ensuring safety

ADMIN/LOGISTICS

• Travel to and from the place to be searched under warrant
• Timing of the search warrant execution
• Recording of evidential material seized

Question 26

What considerations should be given to vulnerable persons at the target address such as children?

Answer 26

• Allocate a person to look after vulnerable persons.
• Look to execute the search warrant during school hours.

Question 27

Before or when you enter a P or V to execute a SW you must:

Answer 27

• Identify yourself by name or QID and if not in uniform produce ID.
• State the name of the act and reason for your search.
• Provide a copy of the search warrant.
• Announce your intention to enter and search
• Where occupants are detained provide BOR.