Search Warrants

Question 1

– List the 7 steps within the search warrant process overview

Answer 1

• Gain prior approval
• Gain online approval
• Gain issuing officer authorisation
• Plan and brief search warrant execution
• Execute search warrant
• Report outcomes
• File investigation records

Question 2

– When considering whether applying for a search warrant is practicable, remember that in certain circumstances, with your supervisors’ approval, you can…..What?

Answer 2

• Apply for a search warrant orally
• Apply for a search warrant without approaching an issuing officer in person (using a phone or email)
• Secure a scene while you apply for a search warrant for a maximum period of 6 hours (Section 117)

Question 3

– What are the benefits of these options when considering whether applying for a search warrant is practicable?

Answer 3

These options may help you manage the time requires to apply for a warrant where there is a risk of loss of evidential material. They should be considered as EXCEPTIONS and used unless other means are n ot practically available.

Question 4

What must you ALSO do when an oral warrant is sought?

Answer 4

You must make an online application in the search and surveillance system as soon as possible and back-capture the required information. Remember to keep notes of the content of the oral application.

Question 5

Before commencing to make an application for a search warrant, What MUST you consider first?

Answer 5

• Be sure that there are RGTS than offence punishable by imprisonment has been, will be, ie being, or is about to be committed AND RGTB that the search will find evidential material in respect of the offence in the place, vehicle, other thing or facility.
• Have CHECKED THE TARGET/S history in NIA for other search warrant applications/outcomes
• Have ASSESSED THE RISKS associated with executing the search warrant
• Have obtained INTIAL APPROVAL from a supervisor at or above the rank of sergeant to proceed with the on-line application.