Search Warrants

Question 1

Search warrant process overview

Answer 1

1 - Gain prior approval
2 - Gain online approval
3 - Gain Issuing Officer authorisation
4 - Plan and brief search warrant execution
5 - Execute search warrant
6 - Report outcomes
7 - File investigation records

Question 2

Search warrant application - Practicable in the circumstances?

Other options

Answer 2

When considering whether applying for a search warrant is practicable, remember that in certain circumstances, 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 the phone)
• secure a scene while you apply for a search warrant for a maximum period of 6 hours (section 117).

Note: If oral approval is sought, you must make an online application in the Search and Surveillance system as soon as possible and back-capture the required information.

Question 3

Before making an on-line application

Answer 3

Before making an on-line application

you must:
1. Be sure that there are:
• RGTS that an offence punishable by imprisonment has been, will be, is being, or is about to be committed, and
• RGTB that the search will find evidential material in respect of the offence in the place, vehicle, other thing or facility.
2. Have checked the target/s history in NIA for other search warrant applications / outcomes.
3. Have assessed the risks associated with executing the search warrant.
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

The risks must be:

Answer 4

Any search is inherently risky. These risks must be:
• identified
• assessed
• considered in planning how you execute the search warrant
The risks must be assessed before the application is approved and again before a search warrant is executed.

Question 5

Special power – Section 117

Answer 5

Section 117 offers a special power when a search warrant application is pending.
If a search warrant application is about to be made or has been made and you are waiting to hear if 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.

Question 6

Special power – Section 117

can be exercised until?

Answer 6

Remember that section 117 authorises the securing of the address until a search warrant is obtained. It is not a search power.
The powers conferred by section 117(1) may be exercised until the first of the following occurs:
(a) the expiry of 6 hours from when 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 is refused.

Question 7

Who can issue a search warrant?

Answer 7

Issuing Officers are the only people who may issue a search warrant.
An Issuing Officer may be a:
• District Court Judge
• High Court Judge
Or any person authorised by the Attorney General such as a:
• Justice of the Peace
• Community Magistrate
• Registrar
• Deputy Registrar

Question 8

When will a search warrant be authorised?

Restrictions

Answer 8

When Issuing Officer is personally satisfied that RGTS offence punishable by imprisonment and RGTB that search will find evidential material relating to that offence.

An Issuing Officer may put restrictions on a search warrant, including:
• 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 the search warrant application is refused

Answer 9

When the Issuing Officer does not sign the search warrant application you should:
• record the Issuing Officers reasons 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

Question 10

Who may execute a search warrant?

Answer 10

The person to whom it is directed or any constable.

Question 11

How long is a search warrant valid?

Answer 11

No more than 14 days from 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 12

When can a search warrant be executed?

Answer 12

• 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 13

When is a search warrant considered 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 searched and do not return within 4 hours.

Question 14

How often can a search warrant be executed?

Answer 14

• once, unless
• more than one execution is applied for, justified and authorised in the search warrant. You must detail the reason for the multiple entries.

Question 15

Planning searches and assessing risk

Risk assessment must be on-going and in preparing a search warrant execution plan you must:

Answer 15

• review and re-assess the identified risks
• work with others to identify and consider any further risks
• plan how to manage and minimise any identified risks
• determine how risk management will be communicated in your search warrant briefing

Question 16

When executing a search warrant you may be required to use reasonable force to?

Answer 16

• enter the place, vehicle or other thing (section 131)
• search (on property only) and seize (section 110)
• carry out a search of a person (section 125)

Question 17

Search warrant briefings? GSMEAC

Answer 17

Ground
Situation
Mission
Execution
Administration
Communication

Question 18

Ground

Answer 18

• location to be searched
• address
• neighbours

Question 19

Situation

Answer 19

• reason for seeking the search warrant

* background on any suspect(s)

Question 20

Mission

Answer 20

• address
• suspect(s)
• specific evidential material sought

Question 21

Execution

Answer 21

• timings
• method of entry
• roles – O/C Scene, O/C Exhibits etc
• responsibilities
• obligations on entry
• managing suspects
• searching for evidential material
• recording evidential material
• assisting vulnerable people
• sequence of events
• managing risks and ensuring safety

Question 22

Administration

Answer 22

• travel to and from the place to be searched under warrant
• timing of the search warrant execution
• recording of evidential material seized

Question 23

Communication

Answer 23

• cell-phone numbers and radio channels
• before executing the search warrant
• during execution of the search warrant
• debrief

Question 24

Additional powers

116, 118, 119, 121, 122, 123, 112

Answer 24

• securing a place, vehicle or other thing to be searched and excluding any person from there (section 116)
• powers of detention incidental to search of places or vehicles (section 118)
• powers of search by a person who has a power of arrest (section 119)
• stopping vehicles for search (section 121)
• moving vehicles for search / safekeeping (section 122)
• seizure of items in plain view (section 123)
• items of uncertain status may be seized (section 112)

Question 25

Before or when you enter a place or vehicle you must?

Answer 25

• identify yourself by name or unique identifier (eg: QID)
• provide evidence of identity if not in uniform
• state the name of the Act and reason for your search
• announce your intention to enter and search
• provide a copy of the search warrant

Question 26

When you exercise a power to search a person you may?

Answer 26

• detain the person to enable the search to be carried out (for as long as is reasonably necessary)
• use force that is reasonable for the purposes of the search
• search any item that the person is wearing, carrying or is in the person’s physical possession or immediate control
• seize anything carried by or in their physical possession or immediate control if the thing is the subject of the search or may be lawfully seized.

Question 27

Stopping a vehicle for the purposes of search

Answer 27

Section 121 provides the power to stop a vehicle if you intend to search it.
You may use section 121 to stop a vehicle if you have authority to search the vehicle by:
• executing a search warrant or
• using a warrantless power

Question 28

Executing a search warrant for a vehicle

Answer 28

Section 127 allows you to enter any place:

to locate the vehicle to execute the search warrant if you have RGTB that the vehicle is there.

You are not required to specify a place for the vehicle to be located in the search warrant application. Your search warrant target is the vehicle.

Question 29

If you need to postpone obligations under s131, who may you apply to and when can you apply?

Answer 29

You may apply to a judge.

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

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