Search Warrants Flashcards
Practical in the Circumstances for a Search warrant
Before considering any search you must think about applying for a search warrant.
When you are thinking about what is practical consider:
- Location of search and who may be present
- Resources available to minimise risk and ensure safety (staff levels)
- Evidential material at risk
- Scene be secured under s. 117
- Time to gain approval for a search warrant
Must have RGTB it is not practical to obtain a search warrant for warrantless search powers.
Why use a Search Warrant?
- Ensures judicial oversight
- Provides greater protection for Police and the public
- Requires recording and reporting of results
A search warrant requires end to end process which provides a series of checks and balances to protect both the Police and public and has organisational accountability.
Search options (three)
- Search warrant
- Warrantless search power
- Search by Consent
Section 117 - Secure Address search warrant pending
You may secure an address while a search warrant is pending and you have RGTB that evidential material will be CADD or removed before the search warrant can be issued, you may:
- Secure place, vehicle or other thing
- Secure any item found there
- Direct any person to assist with entry and securing place, vehicle or other thing
Section 117 applies until:
- Expirey of 6 hours from when 117 was first applied
- Warrant is available for execution
- Application is refused
PARACARD - Risk Assessment
Planned Action Risk Assessment CARD - using TENR
Risk Assessment scenarios
Children are vulnerable people - consider executing search warrant during school hours so they are not present.
Gang member with firearms - consider using AOS. Safety of Police and public.
Who can issue a search warrant
Issuing Officer:
- District Court Judge
- High Court Judge
Any person authorised by Attorney General:
- Justice of the Peace
- Community Magistrate
- Registrar
- Deputy Registrar
When will a search warrant be authorised
If issuing officer is satisfied:
- RGTS an offence punishable by imprisonment has been, is being or about to be committed
- RGTB that the search will locate evidential material in respect of the offence
Who may execute a search warrant
The person to who it is directed or any Constable
How long is a search warrant valid
No more than 14 days from the date of issue, or
No more than 30 days from the date of issue, if you have justified why this is necessary and the IO is satisfied
When can a search warrant be executed
Any time that is reasonable, or
At a restricted time required by the IO as a condition of the execution
When is a search warrant considered executed
When you have seized the evidential material specified in the search warrant, or
Leave the place, vehicle or other thing and do NOT RETURN WITHIN 4 HOURS
How often can a search warrant be executed
Once, unless
More than one execution is applied for, justified and authorised in the search warrant. You must detail the reason for multiple entries.
Application to postpone compliance with notice obligations
When you execute a search warrant you are obliged to provide the occupier a copy of the search warrant and 268.
If providing it would:
- Endanger the safety of any person, or
- Prejudice on-going investigations
You may apply to a Judge to postpone your obligations.
An application is made under sec.134 and be presented to the Judge:
- At the time of the search warrant application
- Before 7 days has passed after the execution of the search warrant
GSMEAC
GROUND
Location to be searched
Address
Neighbours
SITUATION
Reason for seeking the search warrant
Background on suspects
MISSION
Address
Suspects
Evidential material sought
EXECUTION Timings Method of entry Roles - OC scene, OC exhibits Responsibilities Obligations on enrty Managing suspects Searching for evidential material Recording evidential material Assisting vulnerable people Managing risks and ensuring safety
ADMINISTRATION
Routes to and from
Timings
COMMUNICATION
Radio/ comms before, during and after
Cell phones
Debrief
