Search Warrants Flashcards
S46A LEPRA – What are Searchable Offences in relation to a search warrant?
Searchable offences in relation to a warrant:
i. Indictable offence
ii. Firearms or prohibited weapons offence
iii. Narcotics offence
iv. Child abuse material offence
v. Offence involving a thing being stolen or otherwise unlawfully obtained
S47 LEPRA – Power to apply for search warrants
A Police officer may apply for a search warrant (other than a criminal organisation warrant) in respect of any premise if they believe on reasonable grounds that there is, or within 72hours will be, in or on the premise a thing connected with a searchable offence
S4 Search Warrants Act 1985 – Things connected with an offence
A thing is connected with an offence if:
a) a with respect to which the offence has been committed
b) a thing that with afford evidence of the commission of the offence
c) a thing that was used, or is intended to be used, for the purpose of committing the offence
S49 LEPRA – Seizure of things pursuant to search warrant
A person executing a search warrant:
a) may seize and detain any thing mentioned in the warrant
b) may, in addition, seize and detail any other thing that the person finds in the course of executing the warrant that the person has reasonable grounds to believe is connected with any offence
What are the different forms? 1, 11, 21, 27?
FORM 1 = Application for Part 5 search warrant
FORM 11 = Part 5 search warrant
FORM 21 = Occupiers notice
FORM 27 = Report to eligible issuing officer about execution of warrant
What are the different Search Warrant Roles?
Operation Commander
- Has carriage and overall responsibility for the management and conduct of the operation
- Review of ‘Risk Assessment’ and ‘Operational Orders’
- Ensures approval by Superintendant of relevant LAC
Case Officer
- Carriage and responsibility of the investigation
- Conducts briefing, ensure everyone involved is aware of their roles
- Conducts ‘Risk Assessment’ and created ‘Operational Orders’
- Conducts debrief, COPS event and SITREP
- Return results (Form 27) to issuing officer
Search Officer
- Searches for things as defined in SWA1985
- Notifies case officer, exhibit officer, independent officer, occupant/suspect (if available) and video operator
Exhibit Officer
- Responsible for ensuring the continuity and integrity of things seized
- Records the finder, location, time, description and exhibit barcode
- Photographs things
- Ensures all necessary equipment is available to carry out the search
Video Operator
- Records the location, movement and security of things
- Takes no part in the search
Safety Check Officer
- Identify safety issues e.g. communication, handling of hazardous substances, access and egress
- Ensure adequate safety equipment (PPE, first aid kit, gloves) is available
Independent Observer
- Commissioned Officer or substantive Sergeant
- Not connected with the investigation
- Uses ‘Independent Observer Field Form’
- Review and sign Property Seizure Form
What are the different Search Warrant Phases?
Pre Execution Phase
Complete a Risk Assessment and Operational Orders
Comply with the Human Source management Policy (if applicable)
Identify any requirement for specialist or tactical resources – if required submit a RA
Obtain authority and consult relevant LAC
Send documents to any specialist or tactical resources
Conduct operational briefing
Execution Phase
Execute the search warrant in accordance with the operational orders
Post Execution Phase Conduct a debrief Complete a COPS event Complete a SITREP Search warrant participants to complete post execution duties e.g. exhibits officer to enter exhibits into EFIMS.
Points to consider…
Warrant expires 72 hours after issue. Can be extended once for a further 72 hours
Occupier must be served on an occupier of the premise who is 18 years or older
If forced entry, Police must make reasonable attempts to secure the premise before leaving
OIC to complete Form 27 ‘Report to eligible issuing officer’ within 10 days of execution
