Search Warrants Flashcards
Why use a Search Warrant?
- Ensures judicial oversight.
- Provides greater protection for Police and the public.
- Requires recording and reporting of results.
What is considered a LAWFUL search?
A search conducted with:
- A search warrant, or
- Under a warrantless search power, or
- With a person’s consent
Search Warrant process
- Gain prior approval
- Gain online approval
- Gain issuing officer approval
- Plan and brief search warrant execution
- Execute search warrant
- Report outcomes
- File investigation records
Before making an online application you must:
- Be sure there is RGTS an offence punishable by imprisonment has been, is being or will be committed. There is RGTB evidential material will be located in the search.
- Target history has been checked for other search warrant applications and outcomes.
- Have assessed the risks associated with execution of the search warrant.
- Initial approval from a supervisor, with Sergeant rank or higher.
Any search is risky. These risks must be:
- Identified
- Assessed
- Considered in planning how you execute the search warrant
The risks must be assessed before the application is approved and again before the search warrant is executed.
A PARA card must be completed and TENR applies to assess.
PARA
- Planned
- Action
- Risk
- Assessment
TENR
- Threat
- Exposure
- Necessity
- Response
Section 117 powers when a search warrant application is about to be made or has been made
If you have RGTB that evidential material will be CADD or removed 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.
Section 117 rules/conditions
Section 117 is not a search power
It may be exercised until the first of the following occurs:
- The expiry of 6 hours from when the power is used
- The warrant is available for execution
- The application for a search warrant is refused
Who can issue a search warrant?
An issuing officer may be a:
- District or high court judge
Or any person authorised by the Attorney General such as:
- Justice of the Peace
- Community Magistrate
- Registrar
- Deputy Registrar
When will a Search Warrant be authorised?
An issuing officer may authorise a search warrant, if they are satisfied the Search Warrant clearly shows:
-RGTS an offence punishable by imprisonment has been, will be or is about to be committed.
-RGTB the search will find evidential material
What conditions can an issuing officer include in a warrant?
- Restricting the times when the search warrant can be executed
- Requiring the occupier or person in charge of a place to provide reasonable assistance in its execution
- Requiring a report on the search warrant within a specified time
What happens when a Search Warrant is refused?
You should:
- Record the issuing officers reasons for refusing to sign
- Consider the issues raised and if possible re-draft the application
- Re-submit the application to the same Issuing Officer
If the issues cannot be addressed:
- Make further enquires to support the application
- Consider whether to continue your investigation without conducting a search
- If the reasons do not seem justified, submit a report to Legal Services for direction
Who may execute a Search Warrant?
The person to whom it is directed or any Constable.
How long is a Search Warrant valid for?
No more than 14 days from the date of issue, or
No more than 30 days from the date of issue, if you have justified why this is necessary.
When can a Search Warrant be executed?
- At any time that is reasonable under the circumstances, or
- At a restricted time required by the issuing officer as a condition of execution
