Search Warrants Flashcards
Benefits of SW
-Judicial oversight
-Protect Police and Public
-Requires reporting and recording
Before making an application you must:
1) RGTS imprisonable offence has been, will be or is about to be committed
2) RGTB you will find EM
3) Have checked target history in NIA for other SW’s
4) Assessed risks in execution
5) initial approval of supervisor
How long is SW valid
No more than 14 days or 30 from date of issue as specified by IO
When is SW considered executed:
When EM specified in SW seized
Leave place vehicle or thing and do not return within 4 hours
Providing a copy of SW or inventory of items:
When SW has been executed - obliged to provide a copy of the warrant and an inventory of seized items to the occupier (131).
If it’s not practical at the time you have 7 days.
Can apply to the court under s134 to postpone your obligation if providing a SW copy or inventory would;
- endanger safety of any person or
-prejudice on-going investigation.
This can be done at the time of the application or within the 7days.
