Search Warrants Flashcards
Section 21 New Zealand Bill of Rights Act 1990
Everyone has the right to privacy in their own home and the right to refuse entry.
7 Key steps in SW process
1 - Gain prior approval
2 - Gain online approval
3 - Gain issuing Officer authorisation
4 - Plan and brief search warrant execution
5 - Execute search warrant
6 - Report outcomes
7 - File investigation records
Before commencing to make and application for a SW you must be sure of what?
- RGTS that an offence punishable by imprisonment has been, will be 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
- Checked the targets history in NIA fro other search warrant applications
- Have assessed the risks associated with executing the SW
- Have obtained initial approval from a supervisor at or above the rang of sergeant to proceed with an online application
Any search is inherently risky. These risks must be
Identified
Assessed
Considered in planning how you execute the SW
The risks must be assessed before the application is approved and again before a search warrant is executed.
What forms must you complete in relation to risk?
Planned Action Risk Assessment
CARD Prompt with TENR applied
Are known children at an address considered vulnerable people?
Yes you need to plan to keep them safe and minimise risk
Section 117
Section 117 offers a special power when a search warrant application is pending.
If a search warrant application is about to be made or has been made an you are waiting to hear if i has been authorise, and you have RGTB. That evidential material may be CAD or removed before the search warrant can be issued you may
- enter and secure the place, vehicle or other thing and
- secure any item found there and
- direct any person to assist with entry and securing the place or vehicle or securing items in it.
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Another scenario this could be used in is what you arrive at the target address for teh SW and realise that the address is incorrect, such as flat number etc. You could then enter and secure the address until the SW has been amended.
Is section 117 a search power?
NO
Section 117 authorises the securing of the address until a search warrant is obtained. IT IS NOT A SEARCH POWER
The powers conferred by section 117 my 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 at that place or vehicle or in respect of that other thing - The application for a SW is refused
Issuing Officers are the only people who may issue a SW.
An issuing officer may be a :
District Court Judge
High Court Judge
Or any person authorised by the attorney general such as a
JP
Community Magistrate
Registrar
Deputy Registrar
What grounds must be satisfied for an issuing officer to authorise SW?
If they are satisfied that the SW application clearly shows.
RGTS and offence punishable by imprisonment has been, 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 put restrictions on a SW ?
Yes
What are some of the restrictions an Issuing Officer may put on a SW?
Restricting the time when the SW can reasonable be executed
Requiring the occupier or person in charge of a place to provide reasonable assistance to the officer executing executing the SW
Requiring a report on the SW within a specified time
When the issuing officer does not sign the SW application what should you do?
Record the issuing officers reasons for refusing to sign
Consider the issues raised and if possible redraft the application ensuring you have addressed the issues
RE submit the application to the SAME issuing officer
If the issues cannot be address what should you do?
Make further enquiries to support the application
Consider whether to continue your investigation without conducting a search
If the reasons for not signing the SW do not seem justified submit a report to Legal Services for direction
Who can execute a SW?
The person to whom it is directed or any constable
How long is a search warrant valid?
No more than 14 days from the date of issue, as specified by the issuing officer OR
No more than 30 days from the date of issue, as specified by the issuing officer, if you ave justified why this is necessary and the issuing officer is satisfied.
When can a SW be executed?
At any time that is reasonable under the circumstances OR
At a restricted time required by the issuing officer as a conditions of execution.
When is a search warrant considered executed?
When you or anyone assisting you
Have seized the evidential material specified in the search warrant or
Leave the place, vehicle or other thing to be searched an do not return within 4 hours.
How often can a SW be executed?
Once unless,
More than one execution is applied for, justified and authorised in the SW. You must details the reason for the multiple entries
When can you apply to a judge to postpone your obligation to provide a copy of the search warrant?
When providing a copy of thee SW or inventory would
- endanger the safety of any person or
- prejudice on-going investigations
An application to postpone is made under section 134 of the Act and should be presented to the judge when?
At the time of the search warrant application or
Before 7 days has passed after the search warrant execution
A judge can postpone these obligations for how long?
A period not exceeding 12 months. (This would apply to a long term investigation)
Explain GSMEAC
Acronym for points to cover off during briefing:
GROUND - Location to be searched, address, neighbours
SITUATION - Reason for seeking the search warrant, back ground of any suspects
MISSION - Address, suspects, specific evidential material sought
EXECUTION - Timings, method of entry, roles ie OC scene/Exhibits, obligations of entry, managing suspects, searching for EM, recording EM, assisting vulnerable people, sequence of events, managing risks and ensuring safety
ADMINISTRATION and LOGISTICS - Travel to and from the place to be searched under warrant, timing of the search warrant execution, recording of EM seized.
COMMAND and SIGNALS - Cell phone numbers and radio channels, before executing the search warrant, during execution of the search warrant, debrief.
When holding a SW briefing the person in charge should:
- Ensure all required staff are present
- Reinforce verbal information given with visual prompts
- Use maps, charts, diagrams, photographs
- Provide copies of all important documents
- Ensure all staff present are clear about their roils and responsibilities
- Identify and advise staff of what they can record in their notebooks during the briefing as all entries may be disclosable.
- Clearly identify all risks and how to mitigate them.
- Identify any issues relating to sensitive or CHIS related information
