Search Warrants Flashcards

1
Q

What is a Search Warrant?

A

A legal document which provides authority to enter any place, vehicle or other thing to search for and seize specified evidential material

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2
Q

Search Warrant key steps

A
  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
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3
Q

What grounds must you have before applying for a Search Warrant?

A

RGTS - offence punishable by imprisonment has, is or will be committed AND

RGTB - the search will find evidential material in respect of the offence

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4
Q

Other than your RGTS and RGTB what else must you do before making a Search Warrant application?

A
  • Check the targets history for other Search Warrant applications/outcome
  • Assessed the risks
  • Obtained initial approval from a supervisor
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5
Q

What must be done prior to the search to mitigate risk?

A
  • A Planned Action Risk Assessment
  • CARD prompt
  • TENR applied
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6
Q

Explain Section 117:

A
  • If Search Warrant is or is about to be made
  • RGTB that EM will be CADD or removed
  • Enter and secure place, vehicle or thing
  • Secure any item
  • Direct any person to assist with entry and securing
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7
Q

How long can you hold a property or vehicle under Section 117?

A
  • 6 hours from when power is first exercised
  • the warrant is available
  • the application is refused

FIRST TO OCCUR

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8
Q

Who is an issuing officer?

A
  • District Court Judge
  • High Court Judge
  • JOP
  • Community Magistrate
  • Registrar
  • Deputy Registrar
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9
Q

What restrictions may be put on a Search Warrant by a Issuing Officer?

A
  • Restricting the time when the SW can be executed
  • Requiring the occupier to provide reasonable assistance to officer
  • Requiring a report on the SW within a specified time
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10
Q

What do you do when a Search Warrant is refused by an Issuing Officer?

A
  • Record their reasons for refusing
  • Consider the issues raised and redraft
  • Resubmit to the same Issuing Officer
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11
Q

What to do if the Issuing Officer refuses to sign a SW and their issues outlined cannot be addressed?

A
  • Make further enquiries to support the application
  • Consider continuing the investigation without the search
  • If the reasons for denying the SW do not seem justified. submit a report to Legal Services
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12
Q

Who may execute a Search Warrant?

A

The person to whom it is directed or any Constable

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13
Q

How long is a Search Warrant valid?

A
  • No more than 14 days from the date of issue or
  • No more than 30 days if you have justified and the Issuing Officer is satisfied
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14
Q

When can a Search Warrant be executed?

A
  • At any time that is reasonable under the circumstances or
  • At a restricted time if stated by the Issuing Officer
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15
Q

When is a Search Warrant considered executed?

A

When you have:

  • Seized the evidential material specified in SW or
  • Leave the place or vehicle and do not return within 4 hours
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16
Q

When do you not have to supply a copy of the Search Warrant or inventory? And what do you have to do instead?

A

If doing so would:

  • Endanger the safety or any person or
  • Prejudice on-going investigation

Make an application under Section 134 and present to a Judge within 7 days of SW being executed

17
Q

What is GSMEAC

A

Ground

Situation

Mission

Execution

Administration and Logistics

Command and Signals

18
Q

Search Warrant briefing. The person in charge of the briefing should….

A
  • Ensure all staff required are present
  • Reinforce verbal information given with visual prompts
  • Use maps, charts, diagrams and photographs
  • Provide copies of important documents
  • Ensure all staff present are clear about their roles and responsibilities
  • Advise all staff what they can record in their notebooks during the briefing as all entries may be disclosable
  • ID risks and mitigate
19
Q

Rules and Obligations when executing Search Warrant:

A

Section 131 - ID and notice requirements

Section 125 - Rules for
searching people

Section 110 - Powers incidental to search

Section 169 - Reporting