Search Warrants - Process, Risk & S117

Question 1

BRA 90 S21

Answer 1

Everyone has the right to privacy in their own home and the right to refuse entry.

Question 2

What are the keys steps in the search warrant process?

Answer 2

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 3

When considering whether applying for a search warrant is practicable, remember…..

Answer 3

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 (S117).

Question 4

If you are seeking oral approval for a search warrant, you must?

Answer 4

Make an online application in the SS system as soon as possible and back capture the required information. Remember to keep notes of the content of the oral application.

Question 5

What must you do before commencing an application for a search warrant?

Answer 5

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 6

Search warrant risk assessment

Answer 6

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 7

What must be completed and applied regarding risk assessments

Answer 7

A Planned Action Risk Assessment and CARD prompt.

TENR must be applied to assess, Threat, Exposure, Response(measures to reduce risk), necessity.

Question 8

Children and search warrants

Answer 8

If children are present they should be considered as vulnerable people. You will need to plan to keep them safe and minimise harm.

Question 9

S117

Answer 9

S117 offers a special power when a SW application is pending.
If a SW application is about to made or has been made and you are waiting to hear if it has been authorised, and you have RGTB that EV may be CADD or removed before the SW can be issued, you may:
Enter and secure a PVOT, 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 10

S117 - Another situation…

Answer 10

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

Question 11

Outline the provisions in S117

Answer 11

S117 authorises the securing of the address until a search warrant is obtained. It is not a search power.

Question 12

The powers conferred by section 117(1) may be exercised until the first of the following occurs:

Answer 12

a) the expiry of the 6 hours from when the power is first exercised;
b) the warrant is available for execution at that place or vehicle or in respect ff that other thing;
c) the application for a search warrant is refused.