Search Warrants

Question 1

What legislation governs all Search Warrants in terms of applying for and executing?

Answer 1

S59-76 LEPRA

Division 4, Part 5.

Question 2

Power to apply for search warrants under LEPRA?

Answer 2

S47.

Question 3

Normal search warrant criteria?

Answer 3

Applicant - Police Officer
to - Magistrate
building/land/etc
Standard - BELIEVES on reasonable grounds
- There is, or within 72 hours, will be, in or on premises, a thing connected with indictable offence (or child prostitution offence)

Question 4

Covert warrant criteria?

Answer 4

Applicant - Police authorised by Superintendant
To - A Judge
building/land/etc
SUSPECTS on reasonable grounds
- There is, or within 10 ays will be a thing connected with a searchable offence and
- Necessary to enter without knowledge of any occupier.

Question 5

Criminal Organisation warrant criteria?

Answer 5

Applicant - Police auth by superintendant
To - eligible officer
- building/land/etc
- SUSPECTS reasonable grounds
- There is, or within 7 days will be, thing connected with searchable offence.

Question 6

Executing Officer and section?

Answer 6

S46 ELEPRA, any Police Officer

Question 7

s47A LEPRA?

Answer 7

General authority conferred by search warrants.

Authorises any executing officer

a) Enter subject premises and
b) search for things connected with particular searchable offence in relation to the warrant.

Question 8

s49 LEPRA?

Answer 8

Seizure of things pursuant to warrant.
Persons executing warrant
a) May seize and detain a thing or thing of a kind named in warrant and
b) Seize and detain any other thing found in course of warrant that have reasonable grounds to believe connected with any offence.
2) Includes power to remove or guard itemss.

Question 9

s 50?

Answer 9

May search person found within premises where warrant executed if reasonably suspect may have thing on them named in warrant.

Question 10

What does executed mean in terms of time frames?

Answer 10

Executed is when warrant is complete.

Question 11

Daytime warrant hours and section?

Answer 11

S72. 6am-9pm

Question 12

When does searchwarrant commence?

Answer 12

When its issued

Question 13

When does search warrant expire?

Answer 13

WHen executed or at expiry time, whihever comes first.

Question 14

73(2)?

Answer 14

Must seify date and time of expiry of warrant.

Question 15

Telephone warrant expiry time and section?

Answer 15

24 hours after issue, 73(1)(b)

Question 16

Other warrant expiry time?

Answer 16

72 hours after issue uness earlier time specified.

Question 17

Extension rules?

Answer 17

Can only be extended before warrant expires. Can’t be extended after warrant has begun.

Question 18

When is execution occurred?

Answer 18

WHen entry to premises is gained.

Question 19

Larsson v Commissioner of Police

Answer 19

Legislation did not intend for multiple entires.

Question 20

s68 LEPRA?

Answer 20

Announcement before entry.

1. One of persons executing warrant must before entry gained
   a) Announce they are authorised to enter
   b) Give persons inside opporunity to allow entry.
2. No need to comply if covert search warrant or if reasonable belief that immediate entry required to ensure safety of person or ensure effective execution of warrant not frustrated.

Question 21

DPP v Sounthorn?

Answer 21

Wawrrants do not have to form part of brief

Question 22

Dpp v webb

Answer 22

If wish to rely on TI material then warrant must be served.

Question 23

Differences between justification on warrants?

Answer 23

Search warrant - Believes reasonable grounds
Covert - Suspects
Org Crime - Suspects

Question 24

WHo must be satisfied of suspicion?

Answer 24

The justice issuing the warrant.

Question 25

What makes night warrant invalid? Case?

Answer 25

Carroll v Mijovich - If justice doesnt complete grounds for execution at night.

Question 26

What things do we look for at Local Court level with search warrant?

Answer 26

• Defects on face
• Was it executed on time
• Were seized goods covered in authority
• Were receipts issued for seized items?
• Notice to occupier supplied
• Reporting back after execution

Question 27

S92 (1) LEPRA?

Answer 27

Crime scene powers
Police officer can use powers laid out in a-l if Crime scene established under this part and susect on reasonable grounds crime scene necessary to preserve evidence of offence for which crime scene executed for.

Question 28

92 (2)?

Answer 28

Police officer can exercise any other power under 95 as long as crime scene established, applied for CS warrant, suspect on reasonable grounds power necessary topreserve evidence.

Question 29

How long can Police exercise CS powers?

Answer 29

up to 4 hours or 6 in rural, unless apply for CSwarrant. 92 (3)

Question 30

95 (4) LEPRA?

Answer 30

Occupier of premises can give Police permission to exercise powers if informed

a) Of crime scene powers proposed to be exercised
b) Reasons for exercising them
c) Right to refuse

Question 31

Case for reasonable belief?

Answer 31

George v ROcket

Inclination towards assenting to rather than rejecting a proposition.

Question 32

Test for reasonable suspicion and case?

Answer 32

Streevt v Blanco

Subjective and objective,

Question 33

Case on Justice forming reasonable grounds for warrant?

Answer 33

Crowley v Murphy (1981)