Search Warrants Flashcards
What are the steps in a search warrant process?
- Gain prior approval.
- Gain online approval.
- Gain issuing officer approval.
- Plan and brief search warrant execution.
- Execute search warrant.
- Report outcomes.
- File investigation records.
Practicable in the circumstances?
When considering whether applying for a search warrant is practicable, remember that with supervisor approval you can:
- Apply for a search warrant orally.
- Apply for a search warrant without approaching an issuing officer in person (By using phone)
- Secure a scene while you apply for a search warrant for a maximum of 6 hours, s117.
If you make an oral application yo must make an online application in the S+S system as soon as possible, remember to keep notes at of the contents of the oral application.
Before commencing to make an application for a search warrant, you must?
- Be sure that there are:
- RGTS that an offence punishable by imprisonment has been, will be or has been committed, and
- RGTB that the search will find evidential material in respect of the offence in the P, V or OT or Facility. - Have checked the targets history on NIA for other SW application or outcomes.
- Have assessed the risks associated with executing the SW.
- 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, what must risks be?
Any search is inherently risky, these risks must be:
- Identified
- Assessed
- Considered in planning how you execute the search warrant.
Define 117?
Section 117 offers a special power when a SW application is pending.
If a search warrant application is about to be made or has been made and you are waiting to hear of 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 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.
117 is not a search power.
Powers conferred under s117(1) may be exercised until the first of the following occurs?
(a) the expiry of 6 hours from the 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 was refused.
Who can issue a search warrant?
Issuing officers are the only people who may issue a SW?
An issuing officer may be a:
-District court judge.
-High court judge.
Or any person authorised by the Attorney General such as a:
- JP
- Community Magistrate
- Registrar
- Deputy Registrar
What restrictions may an issuing officer place on a SW?
- 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.
When will an application be authorised?
An issuing officer may authorise a SW if they are satisfied that the SW application clearly shows the:
- RGTS am 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 place, vehicle or thing.
What is the procedure when a SW is declined?
When the issuing officer does not sign a SW 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.
If the issues cannot be addressed:
- Make further enquiries to support (or otherwise) the application.
- Consider whether to continue your investigation without conducting a search.
- If the reason for not signing the SW does not seem justified, submit a report to legal services for discretion.
Who may execute a search warrant?
The person whom it is directed or any constable.
How long is a SW valid?
- No more than 14 days form 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 is a SW considered to be executed?
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 search and do not return within 4 hours.
When can a SW be executed?
- At any time that is reasonable under the circumstances, or
- At a restricted time required by the issuing officer as a condition of execution.
How often can a SW be issued?
- Once, unless
- More than one execution is applied for, justified and authorised in the SW. You must detail the reason for the multiple entries.
