Search Warrants

Question 1

While a SW is pending, Section 117 allows you to:

Answer 1

• 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, vehicle or securing items in it
• expires after a maximum period of 6 hours or the warrant is available for execution or the application for SW is refused.

Question 2

Before making a SW application you must be sure:

Answer 2

• RGTS that an offence punishable by imprisonment has been, will be, is being or about to be committed, AND
• RGTB that the search will find evidential material in respect of the offence in the place, vehicle or other thing
• have checked the targets history in NIA
• have assessed the risks
• have obtained initial approval

Question 3

Who can issue a search warrant?

Answer 3

• issuing officers
• district court judge
• high court judge
• justice of the peace
• community magistrate
• registra
• deputy registra

Question 4

Search warrant will only be authorised if:

Answer 4

• RGTS an offence punishable by imprisonment has been, will be or is about to be committed
• RGTB that the search will find EM in respect to the offence

Question 5

Restrictions that can be placed on search warrant:

Answer 5

• restricting the time when search warrant can reasonably be executed
• requiring the occupier or person in charge of place to provide reasonable assistance to the officer execution SW
• requiring a report on the SW within a specific time

Question 6

When issuing officer does not sign a SW application:

Answer 6

• record reason for not signing
• consider issues raised and re draft application
• re submit the application to the same issuing officer

Question 7

When is a SW considered executed?

Answer 7

• when you have seized the EM material relating to the SW
• leave the place, vehicle or other thing to be searched and do not return within 4 hours

Question 8

S131 obligations when you execute a SW:

Answer 8

• provide a copy of SW and inventory of any items that are seized to occupier

Question 9

S134 to postpone obligation to provide copy of SW

Answer 9

• endanger safety of person
• prejudice on going investigations

Must present to judge
- at time of SW application
- before 7 days has passed after SW execution

Question 10

When exercising a SW you may be required to use reasonable force to:

Answer 10

• enter place, vehicle or other thing (s131)
• search (property only) and seize (s110)
• carry out a search of a person (s125)

Question 11

s116 allows you to:

Answer 11

Secure a place, vehicle or other thing to be searched and exclude any person from there

Question 12

s118 allows you to:

Answer 12

Detain incidental to searches of place or vehicle, any person who is at that place or in vehicle or who arrives at place, or enters tries to enter vehicle while search is being carried out- to establish their connection to the search

Question 13

s119 Is search by person who has power of arrest:

Answer 13

• May search any person in place or vehicle if RGTB EM is on that person
• May search person if have RGTS dangerous item on person and immediate action is necessary to address threat

Question 14

s121 is power to:

Answer 14

• stop vehicles with or without warrant for purposes of search

Question 15

s122 is the power to:

Answer 15

• move vehicle for purpose of the search or safekeeping. (It is impractical to do so at place)

Question 16

s123 is the power to:

Answer 16

• seize items in plain view if officer has RGTB that items could be seized under SW or any other search power in act 

(Must be in plain view)

Question 17

s112 is the power to:

Answer 17

• seize items of uncertain status when item is found and it is unsure if it can be lawfully seized and it is not reasonably practical to determine whether that item can be practically seized, item may be removed for examination or analysis to determined if it may lawfully be seized

(Any items you want to remove must be within the scope of the original search)

Question 18

s110 is the:

Answer 18

• powers incidental to search.
• These include, to enter and search place vehicle or other thing and any items found in that place or vehicle
• to request assistance for entry to place
• to use any force in respect of any property that is reasonable for purposes of carrying out search
• seize anything that is the subject of the search or may be lawfully seized
• to bring and use a law enforcement dog and handler for purpose of search
• to copy any document or part of any document
• to use any reasonable measures to access computer system or other data storage device that may lawfully be seized and clone, copy this material
• to take photographs, videos, recordings of place vehicle or thing being searched if RGTB these may be relevant to purposes to search and entry

Question 19

s125 is the:

Answer 19

Special rules about searching a person.
- must RAN
- detain person for time reasonably necessary to carry out search
- may use force reasonably necessary to carry out search
- may seize anything Carried by person which can be lawfully seized
- may copy document carried by person Which may be lawfully seized

Question 20

s131 is the:

Answer 20

Identification and notice requirements when searching places, vehicles and other things
- RAN + ID
- copy of SW or reason for search
NOT APPLICABLE IF:
- RGTB no person is present
- or doing this would endanger safety, prejudice use of search powers and investigation

Question 21

If occupier is not home at time of the search, you must:

Answer 21

• leave a copy of the SW
• leave a written notice stating Act and reason for search (warrantless search)
• if not practical to do this, it must be supplied no later then 7 days and must include
• date, start and finish time of search
• name and QID with contact details
• if anything has been seized or not
• authority and reason for seizure
• what has been seized

Question 22

s169 is our:

Answer 22

Obligation to report warrantless S&S notification online as soon as practical
- including circumstances, reasons, if EM was seized and if any criminal proceedings are going ahead

(Police policy says this should be completed by end of shift)

Question 23

Obligations on entry for SW:

Answer 23

• identify yourself by name or unique identifier
• provide evidence of identity if not in uniform
• state name of act and reason for search
• announce intention to enter and search
• provide copy of SW

If detained someone, advise of BOR