Search Warrants

Question 1

Why use a search warrant?

Answer 1

1. Ensures judicial oversight
2. Provides greater protection for police and public
3. Requires recording and reporting of search warrant outcome

Question 2

What are your obligations under section 131?

Answer 2

NAIRN

Name or unique identifier 
Act
Intention to enter and search
Reason 
Notice provide copy of SW

Question 3

In what circumstances would you not need to comply with the requirements of section 131

Answer 3

1. Endanger any persons safety
2. Prejudice the successful use of the entry and search power
3. Prejudice ongoing investigations
4. If you have RGTB no one is present

Question 4

What does section 110 authorise you to do?

Answer 4

ACCESS a computer system or other data storage device

COPY any document or part of a document that may be lawfully seized

Bring and use a trained law enforcement DOG and it’s handler

ENTER and search the place vehicle or other thing that you’re authorised to enter & search

Bring and use any EQUIPMENT found on the place vehicle or other thing

Use reasonable FORCE in respect of any property to carry out the search & lawful seizure

Copy INTANGIBLE material

Take PHOTOS, sound & video recordings & drawings

REQUEST assistance with entry and search

SEARCH any item or items found in that place vehicle or thing

SEIZE anything that is the subject of the search or anything else that may be lawfully seized

Question 5

Section 117

Answer 5

If a SW application 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 EM may be CADD or removed before the SW can be issued, you may

Enter and secure a place vehicle or other thing

Secure any item found there

Direct any person to assist with entry and securing the place or vehicle or securing items in it

Question 6

Section 117 can be enforced until one of the following occurs

Answer 6

1. The expiry of 6 hours from when the power was first exercised
2. The warrant is available for execution at that place or vehicle or in respect of that other thing
3. The application for a SW is refused

Question 7

When will a SW be authorised?

Answer 7

When issuing officer is satisfied that there is RGTS an imprisonable offence has been, will be or is about to be committed
And
RGTB that the search will find EM in respect of that offence in the place, vehicle or other thing

Question 8

What happens when a search warrant is refused?

Answer 8

1. Record reasons for refusal
2. Redraft application addressing the issues
3. Resubmit to the same IO

Question 9

When is a SW executed?

Answer 9

A SW is deemed executed when the EM named in the warrant has been seized
or
staff executing search warrant leave the place, vehicle or other thing & do not return within 4 hours.

Question 10

Definition of evidential material

Answer 10

Evidential material means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence

Question 11

What factors should you consider when deciding whether or not it’s practicable to apply for a SW in the circumstances?

Answer 11

Is the EVIDENTIAL material at risk

LOCATION of the search and who may be present

Is there enough RESOURCES available to minimise risk and ensure staff safety e.g. number of staff available

Can the SCENE be secured? (117)

Is there TIME to gain approval and apply for a SW?

Question 12

What is the primary concern during a search?

Answer 12

The safety of staff executing a SW and of any other people who may be present is a primary concern

Question 13

If no one is home, what do you do in regards to entry and notice requirements?

Answer 13

If you have RGTB that no one is home

you do not have to comply with section 131 announcement obligations on entry.

You must leave a copy of SW and inventory of items seized.

If not practicable, then this action must be completed within 7 days of SW executed.

Question 14

Bullet point how you should go about mitigating risk when planning for a SW execution

Answer 14

Complete a planned action risk assessment and assess TENR

Consider gang links

Are children likely to be present

Occupants known to carry weapons

Identify the safest approach to property

Identify any POIs at neighbouring properties who may pose a threat to interfering or obstructing

Question 15

How long is a search warrant in force for?

Answer 15

No more than 14 days from issue date

Or

No more than 30 days from issue date as specified by issuing officer if you have justified why this is necessary and IO is satisfied.