Search Warrants & Additional powers Flashcards
Search Warrant Steps
- Gain prior approval
- Gain online approval
- Gain issuing officer authorization
- Plan and brief SW execution
- Execute SW
- Report outcomes
- File investigation records
Before online application for SW
- RGTS offence
- RGTB will find EM
- Checked target for other SW applications/outcomes
- Obtained initial approval
Risk assessments include
Risks must be:
- Identified
- assessed
- considered in planning for execution (before approval and before execution)
PARA card prompt must be completed
Section 117
- Enter and secure PVT
- Secure any item found
- Direct any person to assist
Ends when:
- Expiry of 6 hours
- Warrant available for execution
- Application is refused
Issuing officer possible restrictions
- Restricting time to be executed
- Require occupier to provide reasonable assistance
- Require report within specified time
When SW application is refused
- Record reasons
- Consider issues an re-draft
- resubmit to same IO
If issues not addressed: - Make further enquires
- Consider continuing investigation without search
- Submit report to legal services if unjustified
Planning execution for a SW
- Review and re-assess identified risks
- Work with others to ID and consider further risks
- Plan how to manage and minimise
- Determine how this will be communicated
Section 134 - We need some more (time)
Application to postpone notice obligations (131) if:
- danger to safety
- prejudice investigation
Must be with 7 days after execution
Section 121
Stopping vehicles for search under Warrantless power or Search warrant
Section 122 - Choo Choo train
Moving a vehicle for a search
Section 123
Seizure of items in plain view
Section 112
Seizure of items of uncertain status for the purpose of determining whether it may be lawfully seized
Section 127 “show me your engine”
Enter any place where there is RGTB vehicle subject to SW is located
