Search Warrants Flashcards
How many steps are in the search warrant process and what are they?
- Gain prior approval
- Gain online approval
- gain Issuing Officer authorisation
- Plan and brief search warrant execution
- Execute search warrant
- Report outcome
- File investigation records
PRACTICABLE IN THE CIRCUMSTANCES
When considering whether applying for a search warant is practicable, remember that in certain circumstances, with supervisor approval, you can:
- apply for the warrant orally
- apply for the warrant without approaching an issuing officer in person
- secure the scene for up to 6 hours while you apply for the warrant (section 117)
PRACTICABLE IN THE CIRCUMSTANCES:
When other means are not practicable you may, with supervisors approval, apply for a warrant orally or without approacing an issuing officer personally or secure the scene under s117.
What examples would qualify as not-practicable circumstances justifying one of the alternatives above?
- the time taken to apply for a written search warrant would cause loss of evidential material, CADD
What steps must you take before making an online application?
1 Be sure that:
- RGTS an offences punishable by imprisonment has been, will be, or is about to be committed
- RGTB that the search will find evidential material in respect of that offence in that place, vehicle or other thing or facility.
2 Have checked the targets history in NIA for other search warrant applicaitons / outcomes.
3 Have assessed the risks associated with executing the warrant
4 Have obtained initial approval from a supervisor at or above sergeant to procedd with the online approval.
RISK ASSESSMENT
Any search is inherently risky. These risks must be:
- Identified
- Assessed
- Considered in planning how you are going to execute the search warrant
RISK ASSESSMENT
When must the risks be assessed?
- Before the application is approved
- Again before the search warrant is executed
RISK ASSESSMENT
What does PARA stand for in the term PARA CARD?
- Planned
- Action
- Risk
- Assessment
RISK ASSESSMENT
What 3 risk assessment/mitigation tools need to be completed before executing a search warrant?
- Planned Action Risk Assessment
- CARD prompt
- TENR
You identify some risks in your risk assessment. What are some examples of control measures for the following identified risks:
- Young children at the address where the occupier may respond to police presence with agression and violence?
- Firearms and other weapons known to be at the address and RGTS the occupier may use them should the opportunity present?
- Consider timing the execution for a window where the children are not present, such as during school hours
- Designate a person to be O/C vulnerable people to remove them from the address to a sage location
- Consider the use of AOS to initiate entry and secure the location for the search
What powers does s117(1) give you if you are waiting for a search warrant and you have RGTB that evidential material may be CADD or removed?
and how many are there?
- enter and secure the place, vehicle or other thing
- secure any item found there, and
- direct any person to assist with entry and securing the place or vehicle or securing items in it.
The powers conferred by s117(1) may be exercised until the first of the following occurs:
- the expiry of 6 hours from when the power was first exercised
- the warrant is available for execution
- the application for a search warrant is refused.
Besides a District or High Court Judge, who else can issue a search warrant?
- Deputy Registrar
- Registrar
- Community Magistrate
- Justice of the Peace
(Dr CJ)
Berofe approving a search warrant an Issuing Officer must first be personally satisfied that the application clearly shows what two criteria:
- RGTS an offence punishable by imprisonment has, 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 other thing.
Can an Issuing Officer place restrictions on a search warrant, if so what restrictions?
An issuing officer may place restrictions on a search warrant, including:
- restricting the time when the search can reasonably be executed
- require the occupier or person in charge of a place to provide reasonable assistance to the officer executing the warrant
- require a report on the search warrant within a specified time.
What action should you take if the Issuing Officer does not sign the search warrant?
- Record the Issuing Officers reasons
- Consider redrafting the application, ensuring you have addressed the issues
- Re-submit the application to the same Issuing Officer
If an Issuing Officer does not sign the search warrant and the issues cannot be addressed then what options are available to you?
- Make further enquiries to support the application
- Consider whether to continue your investigation without conducting a search
- If the reasons for not signing the search warrant do not seem justified, submit a report to Legal Services for direction.