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S & S 2012 > Part 3 - Pg 22 > > Flashcards

Part 3 - Pg 22 > Flashcards

1
Q

What are key steps in the search warrant process?

A

Step
Action

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

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2
Q

When considering whether applying for a search warrant is practicable, remember that in certain circumstances, with supervisor approval, you can?

A
  • apply search warrant orally
  • apply search warrant without approaching an issuing officer in person (by using the phone or e mail).
  • secure a scene while you apply for a search warrant for a maximum period of 6 hours (section 117).

These options may help you manage the time required to apply for a warrant where there is a risk of loss of evidential material.

They should be considered as exceptions and not used unless other means are not practically available.

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.

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3
Q

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

A
  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.
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4
Q

Search warrant risk assessments, the risks must be? and a planned assessment should be completed to assess?

A

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
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5
Q

What does S.117 allow?

A

SW application about to be made or has been made and waiting to hear if it has been authorised, and you have RGTB that evidential material may be CADD or removed before SW 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.

S.117 is not a search power.

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6
Q

Section 117(1) may be exercised until the first of the following occurs?

A

(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.

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7
Q

Who can issue a SW?

A

Issuing officers are the only people who may issue SW.

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
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8
Q

An Issuing Officer may authorise a SW for a place, vehicle, thing or facility, if they are satisfied that the search warrant application clearly shows?

A
  • RGTS an offence punishable by imprisonment has been, will be or is about to be committed, and
  • RGTB that the search will find evidential material in respect of the offence in the place, vehicle or other thing.

The Issuing Officer must be personally satisfied that these two conditions have been met before authorising your application.

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9
Q

What restrictions can a issuing officer put on a SW?

A
  • 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
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10
Q

When this issuing officer does not sign the SW application, what should you do?

A
  • 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
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11
Q

If your SW is declined and the issues for the decline cannot be addressed?

A
  • make further enquiries to support (or otherwise) the application
  • consider whether to continue your investigation without conducting a search
  • if the reasons for not signing the search warrant do not seem justified, submit a report to Legal Services for direction
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12
Q

Who may execute a SW?

A

The person to whom it is directed,

or any constable.

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13
Q

How long is a SW valid?

A

No more then 14 days from the date of issue. as specified by the issuing officer.

No more then 30 days from the date of issue, as specified by the IO, if you have justified why this is necessary and the IO is satisfied.

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14
Q

When is a SW considered excecuted?

A
  • 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.
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15
Q

How often can a SW be excecuted?

A
  • 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.
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16
Q

When you execute a search warrant you are obliged to provide a copy of the search warrant and an inventory of any items that are seized to the occupier (section 131), what are the grounds where this may be postponed??

A

• endanger the safety of any person, or
• prejudice on-going investigations
you may apply to a judge to postpone your obligation to provide a copy of the search warrant.

17
Q

An application to postpone the handing over of SW is made under section 134 of the Act and should be presented to the judge, when should this application be completed?

A
  • at the time of the search warrant application, or
  • before 7 days has passed after the search warrant execution

A Judge can also postpone these obligations for a period not exceeding 12 months. This would apply to a long term investigation.

18
Q

What is GSMEAC

A

Ground
• location to be searched
• address
• neighbours

Situation
• reason for seeking the search warrant
• background on any suspect(s)

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

Execution
• 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

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

Command and Signals
• cell-phone numbers and radio channels
• before executing the search warrant
• during execution of the search warrant
• debrief
19
Q

What does S.121 allow?

A

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
20
Q

What does S.127 allow?

A

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.

However, you must comply with the section 131 obligations when entering the place.

  • identify yourself by name or by unique identifier (QID)
  • provide evidence of identity if not in uniform
  • announce your intention to enter and search
  • state the name of the Act
  • give notice by providing a copy of the search warrant
  • Remember that when you have detained a person for the purpose of a search you must caution them (Bill of Rights).
21
Q

What are your obligations under S.125?

A
  1. identify yourself by name or unique number
  2. advise the person of the enactment under which the search is taking place and the reason for the search, unless it is impracticable to do so
  3. produce evidence of identity if not in uniform

S & S 2012 (8 decks)

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