Search Warrants

Question 1

Steps

Answer 1

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.

Question 2

Before making application

Answer 2

RGTS an offence punishable by imprisonment has been, will be, is being, about to be committed

RGTB search will provide evidential material and respect of their defence

check targets
Assess risks
Gain initial approval from a supervisor

Question 3

Search warrant risk assessment

Answer 3

Risks must be
- Identified
- Assessed
- Considered in planning how you execute the warrant

TENR

Question 4

Section 117

Answer 4

When SW is pending

RGTB EM will be CADD before warrant issued you may
- enter and secure a place, vehicle, thing
- Secure any item found there
- direct person to assist with entry and securing

Exercised until
- Expiry of six hours
- warrant is approved
- Application is refused

Question 5

Who can issue a sw

Answer 5

• District court judge
• High Court judge

Personal authorised by the attorney general
- Justice of the peace
- Community magistrate
- Registrar
- Deputy registrar

Question 6

Restrictions on a search warrant

Answer 6

Made by a issuing officer
- restricting the time when search can be executed
- Requiring occupier to provide assistance when executing the warrant
- Requiring a report within a specific timeframe

Question 7

When is a search warrant considered executed

Answer 7

• have seized evidential material specified in the warrant
• Leave the place and do not return within four hours

Question 8

Application to postpone notice obligations

Answer 8

Section 131 - inventory notice

Section 134 - Postpone. Apply to judge. Within 7 days or at time of application

Up to 12 months

Question 9

Reasonable force (sections)

Answer 9

Enter s131
Search s110
Search of person s125