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.
Who may execute a search warrant?
- The person to whom it is dirrected, or
- any constable
How mand days is a search warrant valid from the date of issue?
- 14 days
- 30 days if you have justifed why this is necessary and and the Issuing Officer is satisfied.
When is a search warrant considered executed?
- When the specified evidential material has been seized
- When you leave the place, vehicle or other thing to be searched and do not return within 4 hours.
Risk assessment is on-going throughout the planning process. In preparing the execution plan you must do the follow four things:
- Review and reassess the identified risks
- Identify an further risks
- Incorporate these risks into a management plan
- Communicate the risk management plan in the briefing
If you believe that providing a copy of the search warrant or inventory list would either prejudice on-going investigation or endanger the safety of others, then you may do what?
- At the time of the search warrant application apply to a Judge under s134 to postpone this obligation
- Before 7 days has passed after the execution of the warrant
How long can a Judge postpone the obligation to provide a copy of the warrant or inventory list?
A Judge can specify a period no longer than 12 months.
You may be required to use reasonable force when executing a search warrant. what sections of the Act apply to the use of force for the following:
- Enter the place vehicle or other thing?
- Search and seize - on the property only?
- Carry out a search on a person?
- Enter the place vehicle or other thing - 131
- Search and seize - on the property only - 110
- Carry out a search on a person - 125
What does GSMEAC stand for?
Ground
- location
- address
- neighbours
Situation
- background on any suspects
- reason for the warrant
Mission
- to find specific evidential material
Execution
- timings
- sequence of events
- method of entry
- roles
- obligations on entry
- managing suspects
- assisting vulnerable people
- managing risk
Administraion and Logistics
- travel to and from the place
- recording evidential material seized (PROP)
Command and Signals
- Cell phone numbers
- radio channels
- call signs
- debrief
SEARCH WARRANT BREIFING
The person in charge of the search warrant breifing should:
- Ensure all staff are present
- Reinforce with Visual Prompts (maps diagrams ect)
- Provide relevant copies of documents
- Confirm understanding of roles
- Specifics of notebook entries and disclosures
- Identify and manage any CHIS related risks
- Assign staff to manage certain risks (vulnerable people, firearms etc)
What section relates to reporting obligations?
Section 169
What are the obbligations contained in s116?
Must, on the request of any person affected by the exercise of the power,—
(a) identify himself or herself either by name or by unique identifier; and
(b) state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c) if not in Police uniform, produce evidence of his or her identity.
What are the powers contained in s116?
(a) secure the place, vehicle, or other thing searched, any area in or on that place, vehicle, or other thing, or any thing found in or on that place, vehicle, or other thing:
(b) exclude any person from the place, vehicle, or other thing searched, or from any area within the place, vehicle, or other thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of any power under this subsection.
Who can use the powers contained in s119?
A person who:
- has the power of arrest, and
- is searching a place or a vehicle.
What 2 criteria must be met in order to invoke a search of a peron under s119 for a dangerous item:
(a) has reasonable grounds to suspect that the person is in possession of a dangerous item that poses a threat to safety; and
(b) believes that immediate action is needed to address that threat.
Does Section 119 give you a power to use reasonable force to conduct a search of a person for evidential material or a dangerous item?
No. It only gives you the power to search for those things.
The power to use reasonable force in such a search comes from Section 125.
Does Section 119 give you the power to seize evidential material or a dangerous item?
No. The power to seize items in these circumstances are found in Section 125.
Section 121 allows an enforcement officer to stop a vehicle if he is satisfied that:
He has a warrant or warrantless power to search that vehicle.
What powers are contained in Section 122?
(1) An enforcement officer may move a vehicle to another place if he or she finds or stops the vehicle and has lawful authority to search the vehicle, but it is impracticable to do so at that place.
(2) An enforcement officer who has the power to arrest persons may move a vehicle to another place if he or she finds or stops the vehicle and has reasonable grounds to believe that it is necessary to move the vehicle for safekeeping.
Obligations on entry:
- Identify yourself by name or unique identifyer
- State the enactment
- Give the reason for the search
- Announce intention to enter and search
- Provide copy of search warrant
Where occupants are detained for the purpose of search you must:
Caution them with the Bill of Rights
If you are searching a place or vehicle, with a warrant, for EM in relation to offences against MODA.
What else can you do?
What Section is this found?
Section 19 says you can search any person in that place.
If you have a search warrant to be executed on a vehicle, can you enter and search a place to locate that vehicle?
If so, what section would you use as your authority?
Section 127
- You can enter and search for the vehicle if you have RGTB it will be located in that place.
If you are going to exercise the powers contained in Section 112 what contidtions must be met?
- You must be exercising a warrant or warrantless search power
- Or, be lawfully in that place
- and, the items removed must be within the scope of the search
If you are executing a search warrant for EM in relation to an offence against MODA 75, then what warrantless power would you use to search a person at that place?
Do you need to have any suspicion or belief that there are any controlled drugs or precursor substances on them?
Section 19
No suspicion or belief required for section 19.
If you are executing a warrentless search (section 20) for EM in relation to an offence against MODA 75, then what warrantless power would you use to search a person at that place?
Do you need to have any suspicion or belief that there are any controlled drugs or precursor substances on them?
Section 21
No suspicion or belief required for section 21.
