Search Warrants

Question 1

Before commencing to make an application for a search warrant, you must:

Answer 1

OFFENCE
1. Be sure that there are:
• RGTS that an offence punishable by imprisonment has been, will be, is being, or is about to be committed, and
• RGTB that the search will find evidential material in respect of the offence in the place, vehicle, other thing or facility.

HISTORY
2. Have checked the target/s history in NIA for other search warrant applications / outcomes.

RISK
3. Have assessed the risks associated with executing the search warrant.

APPROVAL
4. Have obtained initial approval from a supervisor at or above the rank of sergeant to proceed with the on-line application.

Question 2

Search warrant risk assessment

Any search is inherently risky. These risks must be

Answer 2

• identified
• assessed
• considered in planning how you execute the search warrant

Question 3

The risks must be assessed before the application is approved and again before a search warrant is executed.

A Planned Action Risk Assessment and CARD prompt must be completed and TENR applied to assess:

Answer 3

• threat
• exposure
• response (measures to reduce risk)
• necessity

This form can be found in Police Forms under Search and Surveillance

Question 4

Special power – Section 117

Can be used if?

Answer 4

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

Question 5

If using sec 117, you may?

Answer 5

• enter and secure a place, vehicle or other thing, and
• secure any item found there, and
• direct any person to assist with entry and securing the place or vehicle or securing items in it.

Remember that section 117 authorises the securing of the address until a search warrant is obtained. It is not a search power.

Question 6

The powers conferred by section 117(1) may be exercised until the first of the following occurs:

Answer 6

(a) the expiry of 6 hours from when the power is first exercised:
(b) the warrant is available for execution at that place or vehicle or in respect of that other thing:
(c) the application for a search warrant is refused.

Question 7

Who can issue a search warrant?

An Issuing Officer may be a: ?

Or any person authorised by the Attorney General such as a:?

Answer 7

• District Court Judge
• High Court Judge

Or

• Justice of the Peace
• Community Magistrate
• Registrar
• Deputy Registrar

Question 8

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:

Answer 8

• RGTS 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 other thing.

Question 9

An Issuing Officer may put restrictions on a search warrant, including:

Answer 9

• 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 specified time

Question 10

If a search warrant application is refused

When the Issuing Officer does not sign the search warrant application you should: ?

If the issues cannot be addressed: ?

Answer 10

• 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
• 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

Question 11

Who may execute a search warrant?

Answer 11

The person to whom it is directed or any constable.

Question 12

How long is a search warrant valid?

Answer 12

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.

Question 13

When can a search warrant be executed?

Answer 13

• at any time that is reasonable under the circumstances, or
• at a restricted time required by the Issuing Officer as a condition of execution.

Question 14

When is a search warrant considered executed?

Answer 14

When you (or anyone assisting you): 
• have seized the evidential material specified in the search warrant, or 
• leave the place, vehicle or other thing to be searched and do not return within 4 hours.

Question 15

How often can a search warrant be executed?

Answer 15

• 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.

Question 16

Risk assessment must be on-going and in preparing a Search warrant execution plan you must:

Answer 16

• 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

Question 17

If providing a copy of the search warrant or inventory would:

You may?

Answer 17

• endanger the safety of any person, or
• prejudice on-going investigations you

apply to a judge to postpone your obligation to provide a copy of the search warrant.

Question 18

An application to postpone giving copy of SW is made under section 134 of the Act and should be presented to the judge:

Answer 18

• at the time of the search warrant application, or
• before 7 days has passed after the search warrant execution

A Judge can also postpone these obligations for a period not exceeding 12 months. This would apply to a long term investigation.

Example: You are applying for a warrant to search a gang headquarters for evidential material relating to the manufacture of methamphetamine.

If you believe that complying with notice obligations would be dangerous to those involved you can apply to a judge to postpone your obligations to leave a copy of the search warrant when you are applying for the search warrant or up to 7 days after the search warrant was executed.

Question 19

When executing a search warrant you may be required to use reasonable force to:

Answer 19

• enter the place, vehicle or other thing (section 131)
• search (on property only) and seize (section 110)
• carry out a search of a person (section 125)

Remember to use AWOCA and TENR as required.

Question 20

All staff involved in executing a search warrant should be fully briefed. Following GSMEAC allows all the key points to be covered.

Answer 20

Ground
• location to be searched
• address
• neighbours

Situation
• reason for seeking the search warrant
• background on any suspect(s)

Mission
• address
• suspect(s)
• specific evidential material sought

Execution 
• timings 
• method of entry 
• roles – O/C Scene, O/C Exhibits etc 
• responsibilities  
• obligations on entry 
• managing suspects 
• searching for evidential material 
• recording evidential material 
• assisting vulnerable people 
• sequence of events 
• managing risks and ensuring safety 

Administration
• travel to and from the place to be searched under warrant
• timing of the search warrant execution
• recording of evidential material seized

Communication 
• cell-phone numbers and radio channels 
• before executing the search warrant 
• during execution of the search warrant 
• debrief

Question 21

The person in charge of the search warrant briefing should:

Answer 21

• ensure all required staff are present
• reinforce verbal information given with visual prompts
• use maps, charts, diagrams, photographs
• provide copies of all important documents
• ensure all staff present are clear about their roles and responsibilities
• identify and advise staff of what they can record in their notebooks during the briefing as all entries may be disclosable

Question 22

The briefer should also clearly identify all risks and how to mitigate them.

Answer 22

Isolate
Minimise
Eliminate

The briefer should also identify any issues relating to sensitive or source (CHIS) related information.

Question 23

Search Warrant

Rules and obligations ?

Answer 23

• identification and notice requirements when searching places, vehicles and other things (section 131)
• the rules for searching people (section 125)
• powers incidental to search (section 110)
• reporting (section 169)

Question 24

Search Warrant

Additional powers?

Answer 24

• securing a place, vehicle or other thing to be searched and excluding any person from there (section 116)
• powers of detention incidental to search of places or vehicles (section 118)
• powers of search by a person who has a power of arrest (section 119)
• stopping vehicles for search (section 121)
• moving vehicles for search / safekeeping (section 122)
• seizure of items in plain view (section 123)
• items of uncertain status may be seized (section 112)

Question 25

Obligation – entry

Before or when you enter a place or vehicle to execute a search warrant you must:

Answer 25

• identify yourself by name or unique identifier (eg: QID)
• provide evidence of identity 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

Where occupants are detained for the purpose of search you must advise them of the caution (Bill of Rights).

Question 26

If you have RGTB that no one is at the address to be searched you do not have to comply with the section 131 announcement obligations on entry but you must ?

Answer 26

Leave a copy of the search warrant and an inventory of any items seized.

If not reasonably practicable, then this action must be completed within 7 days of the search warrant being executed.