Search Warrants

Question 1

Ways of Obtaining/Applying for a search warrant

Answer 1

Oral search warrant
Without approaching an issuing officer in person (by using the phone)
secure a scene under S117 while you apply for a search warrant

Question 2

Before making an application you must have

Answer 2

RGTS that an offence punishable by imprisonment has been, will be or is about to be committed
RGTB that the search will find evidential material in respect of the offence in the P V or T

Question 3

Section 117

Answer 3

SW Application is about to be made, waiting for authorisation AND
RGTB evidential material is about to be CADD before SW issued you may

Enter and secure a P V or T
secure any item found there and
direct any person to assist with entry, securing the P V or T

Question 4

Section 117 - powers exercised until

Answer 4

expiry of 6 hours
warrant available for execution
application is refused

Question 5

Issuing Officer may put restrictions on SW

Answer 5

• restricted the time when the search warrant can reasonably be executed
• requiring the occupier or person in charge to provide reasonable assistance to the officer executing SW
• requiring a report on the SW within a specified time

Question 6

When the SW Application is refused you should

Answer 6

• record the issuing officers reasons for refusing
• consider the issues raised and re-draft the application
• re-submit the application to the SAME issuing officer

If issues cannot be addressed

• make further enquiries to support applciation
• consider whether to continue investigation without search
• if reasons for refusal not justified submit a report to Legal Services for direction

Question 7

When can a Search Warrant be executed?

Answer 7

• at any time that is reasonable in the circumstances OR

- at a restricted time required by the issuing officer

Question 8

When is a Search Warrant considered executed?

Answer 8

When you

• have seized the evidential material specified in the search warrant OR
• leave the P V or T and do not return within 4 hours

Question 9

When are you not obliged to provide a copy of SW to occupier (s131)

Answer 9

If providing the copy of the SW would endanger the safety of any person OR prejudice on-going investigations

you may apply to a judge to postpone your obligation

Question 10

Postpone obligation to provide SW copy - Section 134

Answer 10

An application is made under s134 and should be presented to the judge:

• at the time of the search warrant application OR
• before 7 days has passed after the SW execution

Question 11

Search Warrant Briefings - GSMEAC

Answer 11

Ground
Situation
Mission
Execution
Administration
Communication

Question 12

Executing SW for drugs - Section 19

Answer 12

When searching a P V or T for evidence of an offence under the MODA 75 you may search any person found within under Section 19

Remember RAIN and BOR

Question 13

Items of Uncertain Status - Section 112

Answer 13

Carrying out lawful search and it is not reasonably practicable to determine whether an item can be lawfully seized you may:
Remove items for examination or analysis to determine if can seize them lawfully

Question 14

Items in Plain View - Section 123

Answer 14

You may seize any items that are in plain view when you are searching or that you observe if:

You have RGTB that you could have seized the item under a search warrant or search power