Search Warrants

Question 1

Before making a search warrant application you must….

Answer 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
Practicable in the circumstances?
Before making an on-line application
of sergeant to proceed with the on-line application

Question 2

Search warrant run assessment

Answer 2

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.
A Planned Action Risk Assessment and CARD prompt must be completed and TENR applied to assess:
• threat
• exposure
• response (measures to reduce risk)
• necessity

Question 3

Secure address – search warrant pending – section 117

Answer 3

– Section 117
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.
Another situation where this special power could be used is if you arrive at the target address for the search warrant and realise that the address is incorrect, such as a flat or unit number. You could then enter and secure the address until the search warrant has been amended.
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 4

Who can issue a search warrant

Answer 4

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