Search Warrants

Question 1

What are the steps in a search warrant process?

Answer 1

1. Gain prior approval.
2. Gain online approval.
3. Gain issuing officer approval.
4. Plan and brief search warrant execution.
5. Execute search warrant.
6. Report outcomes.
7. File investigation records.

Question 2

Practicable in the circumstances?

Answer 2

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.

Question 3

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

Answer 3

1. 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.
2. Have checked the targets history on NIA for other SW application or outcomes.
3. Have assessed the risks associated with executing the SW.
4. Have obtained initial approval from a supervisor at or above the rank of sergeant to proceed with the on-line application.

Question 4

Search warrant risk assessment, what must risks be?

Answer 4

Any search is inherently risky, these risks must be:

• Identified
• Assessed
• Considered in planning how you execute the search warrant.

Question 5

Define 117?

Answer 5

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.

Question 6

Powers conferred under s117(1) may be exercised until the first of the following occurs?

Answer 6

(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.

Question 7

Who can issue a search warrant?

Answer 7

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

Question 8

What restrictions may an issuing officer place on a SW?

Answer 8

• 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 9

When will an application be authorised?

Answer 9

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.

Question 10

What is the procedure when a SW is declined?

Answer 10

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.

Question 11

Who may execute a search warrant?

Answer 11

The person whom it is directed or any constable.

Question 12

How long is a SW valid?

Answer 12

• 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.

Question 13

When is a SW considered to be executed?

Answer 13

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

Question 14

When can a SW be executed?

Answer 14

• 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 15

How often can a SW be issued?

Answer 15

• Once, unless
• More than one execution is applied for, justified and authorised in the SW. You must detail the reason for the multiple entries.

Question 16

Application to Postpone compliance with notice obligations? (withholding copy of sw)

Answer 16

If providing a copy of the SW and inventory would:

• Endanger the safety of any person, or
• Prejudice any ongoing investigations.

You may apply to a judge to postpone your obligations to provide a copy of the SW.

Question 17

How is an application to Postpone notice of SW made?

Answer 17

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

• At the time of the SW application or
• Before 7 days has passed after the SW execution.

A judge can postpone the obligations for a period not exceeding 12 months, this would apply to a long term application.

Question 18

What are the rules and obligations when executing a SW?

Answer 18

Rules and obligations

• Identification and notice requirements when searching P, V or OT (Section 131)
• The rules for searching people (Section 125)
• Powers incidental to search (Section 110)
• Reporting (Section 169)

Question 19

Additional Powers when executing a SW?

Answer 19

Additional powers

• Securing a P, V or OT to be searched and excluding any persons from there (S116)
• Powers of detention incident to search of places or vehicles (s118)
• Powers of search by a person who has a power of arrest (s119)
• Stopping vehicles for search (s121)
• Moving vehicles for search/safekeeping (s122)
• Seizure of items in plain view (s123)
• Seizure of items in plain view (s112)

Question 20

Before or when you enter a P or V to execute a SW you must:

Answer 20

Before or when you enter a P or V to execute a SW you must:

• Identify yourself by name or unique identifier. (QID)
• Provide evidence of identity if not in uniform.
• State the name of the act and reason for your search.
• Provide a copy of the search warrant.

Where occupants are detained provide BOR.