Search Warrants Flashcards
What does a SW provide?
Legal authority to enter any place, vehicle or thing to search for and seize specified evidential material.
Outline key steps in the SW process.
- Gain prior approval
- Gain online approval
- Gain issuing officer authorisation
- Plan and brief search warrant execution
- Execute search warrant
- Report outcomes
- File investigation records
When considering whether applying for a SW is practicable in the circumstances, remember that in certain circumstances, with supervisor approval, you can:
- Apply for a SW orally
- Apply for a SW without approaching an issuing officer in person (by phone)
- Secure a scene while you Apply for a SW for a maximum period of 6 hrs (s 117)
How many hours can you hold a scene to seek a SW? And what section?
6hrs - section 117
When managing time required to seek SW, what should be considered when seeking?
- Risk of loss of evidential material
- Oral SW should be considered as an exception and not used unless other means are not practically available.
When seeking an oral SW, what must you do once back?
Make an on-line application in SS system and back capture the required info.
Remember to keep notes of the content of the oral application.
Before commencing a SW application, you must?
- Be sure that there are:
RGTS that an offence punishable by imprisonment has been, will be, or is about to be committed, and
RGTB that the search will find evidential material in respect of the offence in the place, vehicle or thing. - Have checked the target history in NIA for other SW applications/outcomes.
- Have assessed the risks associated with executing the SW.
- Have obtained initial approval from a supervisor, at or above the rank of Sgt, to proceed with on-line application.
Search warrant risk assessment, these risks must be?
Identified, assessed and considered in planning how you execute the SW.
The risk for a SW must be assessed when?
Before the application is approved, and again before the SW is executed.
What needs to be completed and applied before execution of a SW?
PARA CARD
Planned Action Risk Assessment
And,
TENR applied.
Section 117 - outline this section
If SWA is about to be made, or has been made and you’re awaiting on authorisation, and you have RGTB that E.M may be CADD or removed before SW can be issued, you may,
- Enter and secure a place, vehicle or thing, and
- Secure any item found there, and
- Direct any person to assist with entry and securing the place, vehicle or thing, or securing items within.
Another situation where 117 could be used?
When you get an address number incorrect upon execution, eg. Flat number, hold address to amend SWA.
What is not apart of section 117?
It’s not a search power. Secure address/items only.
Cannot detain occupants.
The powers conferred by section 117 may be exercised until the first of what occurs?
- The expiry of 6hrs from when the power is first exercised, or
- The warrant is available for execution, or
- The SWA is refused.
Who can issue a SW?
An Issuing Officer, who can be,
a district or high court judge, or any person authorised by the Attorney General such as a, Justice of the Peace, Comminity Magistrate, Registrar, or Deputy Registrar.
An issuing Officer may authorise a SW if they are satisfied that the SWA clearly shows what?
RGTS an offence punishable by imprisonment has, will or is about to be committed, and,
RGTB that the search will find evidential material in respect of the offence in that place, vehicle or other thing.
An Issuing Officer may put restrictions on a SW, including?
- Restricting the time when the search warrant can be reasonably be executed,
- Requiring the occupier or person in charge of a place, to provide reasonable assistance to the officer executing the SW,
- Require a report on the SW within a specified time.
When the Issuing Officer does not sign the SWA you should?
- Record the Issuing Officers reasons for refusing to sign,
- Consider the issues raised and if possible re-draft the application, ensuring you have addressed these issues,
- Re-submit the application to the same Issuing Officer.
When the Issuing Officer refuses to sign the SWA, and their issues cannot be addressed, what do you do?
- Make further enquiries to support the application
- Consider whether continuing your investigation without conducting a search
- If the reasons for not signing the SW do not seem justified, submit a report to legal services for direction.
Who may execute a SW?
The person whom it is directed to, or any Constable.
How long is a SW valid for?
No more than 14 days from the date of issue, as specified by the Issuing Officer, or
No more than 30 days from the date of issue, as specified by the Issuing Officer, if you have justified why this is necessary and the Issuing Officer is satisfied.
When can a SW 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.
When is a SW considered executed?
When you, or anyone assisting you,
- Have seized the evidential material specified in the SW, or
- leave the place, vehicle or other thing, to be searched and do not return within 4hrs.
How often can a SW be executed?
Once, unless more than one execution is applied for, justified and authorised in the SW. You must detail the reasons for multiple entries.
