Search Warrants Flashcards
What is a Search Warrant?
A legal document which provides authority to enter any place, vehicle or other thing to search for and seize specified evidential material
Search Warrant key steps
- Gain prior approval
- Gain online approval
- Gain issuing Officer authorisation
- Plan and brief search warrant execution
- Execute Search Warrant
- Report outcomes
- File
What grounds must you have before applying for a Search Warrant?
RGTS - offence punishable by imprisonment has, is or will be committed AND
RGTB - the search will find evidential material in respect of the offence
Other than your RGTS and RGTB what else must you do before making a Search Warrant application?
- Check the targets history for other Search Warrant applications/outcome
- Assessed the risks
- Obtained initial approval from a supervisor
What must be done prior to the search to mitigate risk?
- A Planned Action Risk Assessment
- CARD prompt
- TENR applied
Explain Section 117:
- 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
How long can you hold a property or vehicle under Section 117?
- 6 hours from when power is first exercised
- the warrant is available
- the application is refused
FIRST TO OCCUR
Who is an issuing officer?
- District Court Judge
- High Court Judge
- JOP
- Community Magistrate
- Registrar
- Deputy Registrar
What restrictions may be put on a Search Warrant by a Issuing Officer?
- 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
What do you do when a Search Warrant is refused by an Issuing Officer?
- Record their reasons for refusing
- Consider the issues raised and redraft
- Resubmit to the same Issuing Officer
What to do if the Issuing Officer refuses to sign a SW and their issues outlined cannot be addressed?
- 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
Who may execute a Search Warrant?
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 or
- No more than 30 days if you have justified and the Issuing Officer is satisfied
When can a Search Warrant be executed?
- At any time that is reasonable under the circumstances or
- At a restricted time if stated by the Issuing Officer
When is a Search Warrant considered executed?
When you have:
- Seized the evidential material specified in SW or
- Leave the place or vehicle and do not return within 4 hours
When do you not have to supply a copy of the Search Warrant or inventory? And what do you have to do instead?
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
What is GSMEAC
Ground
Situation
Mission
Execution
Administration and Logistics
Command and Signals
Search Warrant briefing. The person in charge of the briefing should….
- 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
Rules and Obligations when executing Search Warrant:
Section 131 - ID and notice requirements
Section 125 - Rules for
searching people
Section 110 - Powers incidental to search
Section 169 - Reporting
