Search Warrants Flashcards
Before making an on-line application (pg 23)
1) Be sure there is:
- - RGTS that an offence punishable by imprisonment has been, will be or is about to be committed
- - RGTB the search will find evidential material in respect of the offence in the place, vehicle or other thing or facility
2) Have checked the targets history in NIA
3) Have assessed the risks associated with executing the search warrant
4) Have obtained initial approval from a supervisor at or above the rank of Sergeant to proceed with the on-line application
Search warrant risk assessment (pg 24)
Any search is inherently risky. These risks must be:
- Identified
- Assessed
- Considered in planning how you execute the search warrant
Search warrant risk assessment (pg 24)
A Planned Action Risk Assessment and CARD prompt must be completed and TENR applied to assess:
- Threat
- Exposure
- Response (measures to reduce risk)
- Necessity
Secure address - search warrant pending - S117 (pg 25)
If a search warrant application is about to be made or has been made and you are waiting to hear if it has been authorised, and you have RGTB that evidential material may be CADD or removed before the search warrant can be issued, you may:
- Enter and secure a place, vehicle or thing
- Secure any item found there
- Direct any person to assist with entry and securing the place or vehicle or securing items in it
It authorises the securing of the address until a search warrant is obtained. It is not a search power.
Secure address - search warrant pending - S117 (pg 25)
The powers conferred by S 117(1) may be exercised until the first of the following occurs:
- The expiry of 6 hours from when the power is first exercised
- The warrant is available for execution at that place or vehicle or in respect of that other thing
- The application for a search warrant is refused
Who can issue a search warrant (pg 26)
An Issuing Officer may be a:
- District Court Judge
- Hight Court Judge
Or any person authorised by the Attorney General such as a:
- Justice of the Peace
- Community Magistrate
- Registrar
- Deputy Registrar
When will a search warrant be authorised (pg 26)
An Issuing Officer may authorise a search warrant for a place, vehicle, thing or facility if they are satisfied that the search warrant application clearly shows the:
- RGTS that an offence punishable by imprisonment has been, will be or is about to be committed
- RGTB the search will find evidential material in respect of the offence in the place, vehicle or other thing or facility
When will a search warrant be authorised (pg 26)
An Issuing Officer may put restrictions on a search warrant, including:
- restricting the time when the search warrant can reasonably be executed
- requiring the occupier or person in charge of a place to provide reasonable assistance to the officer executing the search warrant
- Requiring a report on the search warrant within a specific time
When the search warrant application is refused (pg 27)
When the Issuing Officer does not sign the search warrant application you should:
- Record the Issuing Officers reason 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 search warrant application is refused (pg 27)
If the issues cannot be addressed (application refused)
- Make further enquiries to support (or otherwise) the application
- Consider whether to continue your investigation without conducting a search
- If the reasons for not signing the search warrant do not seem justified, submit a report to Legal Services for direction
Who may execute a search warrant (pg 28)
The person to whom it is directed or any Constable
How long is a search warrant valid (pg 28)
- 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 search warrant be executed (pg 28)
- At any time that is reasonable under the circumstances
- At a restricted time required by the Issuing Officer as a condition of execution
When is a search warrant considered executed (pg 28)
When you (or anyone assisting you):
- Have seized the evidential material specified in the search warrant
- Leave the place, vehicle or other thing to be searched and do not return within 4 hours
How often can a search warrant be executed (pg 28)
- once, unless
- More than one execution is applied for, justified and authorised in the search warrant. You must detail the reason for the multiple entries.
Planning searches and assessing risk (pg 29)
You will have identified risks involved in executing the search warrant when you completed the Planned Action Risk Assessment and CARD prompt for the application process.
However, risk assessment must be on-going and in preparing a search warrant execution plan you must:
- Review and re-assess the identified risks
- Work with others to identify and consider any further risks
- Plan how to manage and minimise any identified risks
- Determine how risk management will be communicated in your search warrant briefing
Application to postpone compliance with notice obligations (pg 29)
When you execute a search warrant you are obliged to provide a copy of the search warrant and an inventory of any items that are seized to the occupier (S 131)
- Unless
- And when
If providing a copy of the search warrant or inventory would:
- Endanger the safety of any person
- Prejudice on-going investigations
You may apply to the judge to postpone the obligations
An application to postpone is made under S 134 and should be presented to the judge:
- At the time of the search warrant application
- Before 7 days has passed after the search warrant execution
Judge can postpone the obligations for a period not exceeding 12 months
When executing a search warrant you may be required o use reasonable force to: (pg 30)
- Enter the place, vehicle or other thing
- Search (on property only) and seize
- Carry out a search of a person
Search warrant briefings (pg 30)
Format
GSMEAC:
Search warrant briefings (pg 30)
Ground
- Location to be searched
- Address
- Neighbours
Search warrant briefings (pg 30)
Situation
- Reason for seeking the search warrant
- Background on any suspects
Search warrant briefings (pg 30)
Mission
- Address
- Suspects
- Specific evidential material
Search warrant briefings (pg 30)
Execution
- Timings
- Method of entry
- Roles (O/C Suspect, Exhibits)
- Responsibilities
- Obligations on entry
- Managing suspects
- Searching for evidential material
- Managing risks and ensuring safety
Search warrant briefings (pg 31)
Administration
- Travel to and from the place to be searched under warrant
- Timing of he search warrant execution
- Recording of evidential material seized
Search warrant briefings (pg 31)
Communiction
- Cell phone numbers and radio channels
- Before executing the search warrant
- During the execution of the search warrant
- Debrief
Obligations - entry (pg 32)
- Identify yourself by name or unique identifier
- Provide evidence of identify if not in uniform
- State the name of the Act and reason for your search
- Announce your intention to enter and search
- Provide a copy of the search warrant
Obligations - searching a person (S 125) (pg 34)
- Identify yourself by name or unique number
- Advise the person of the enactment under which the search is taking place and the reason for the search, unless it is impracticable to do so
- Produce evidence of identity if not in uniform
When exercising a power to search a person you may (pg 34)
- Detain the person to enable the search to be carried out (for an long as is reasonably necessary)
- Use force that is reasonable for the purpose of the search
- Search any item that the person is wearing, carrying or is in the person’s physical possession or immediate control
- Seize anything carried by or in their physical possession or immediate control if the thing is the subject of the search or may be lawfully seized
Stopping a vehicle for the purpose of search (S 121) (pg 34)
You may use S 121 to stop a vehicle if you have authority to search the vehicle by:
- Executing a search warrant
- Using a warrantless power
Executing a search warrant for a vehicle (S 127) (pg 34)
S 127 allows you to enter any place:
- To locate the vehicle to execute the search warrant if
- You have RGTB that the vehicle is there
Note: You are not required to specify a place for the vehicle to be located in the search warrant application, your search warrant target is the vehicle. However you must comply with the obligation under S 131 (ID yourself etc)
Items of uncertain status (S 112) (pg 35)
If you are carrying out a lawful search and it is not reasonably practicable to determine whether any items can be lawfully seized you may:
- Remove items for examination or analysis off site to determine if you can seize them lawfully
Any item you want to remove must be within the scope of the original search.
If you are:
- Exercising a search power
- Carrying out a lawful search of a person
- Lawfully in a place or vehicle
Items in plain view (S 123) (pg 35)
You may seize any item you find in plain view when you are searching or that you observe:
You have RGTB that you could have seized the item under a search warrant or other search power.
