Obligations

Question 1

In the context of the search and surveillance act obligations are actions that must be carried out when certain search powers are used

What section set the obligations?

Answer 1

Section 131

Question 2

What are the the obligations?

Answer 2

ID yourself by name or QID
Provide evidence of ID if not in uniform
Announce your intention to enter and search
State the name of the act
Give notice by providing copy of SW
Remember when person is detained for search you must caution BOR them

Question 3

If you are using a warrantless search power you must state the reason for your search, you must also:

Answer 3

Provide a copy of the search warrant or a warrantless search notice to occupier and provide an inventory of items seized

Report your use of certain powers - section 169

Consider privilege - sections 136-147

Question 4

What does section 131 state ?

Answer 4

That before or on initial entry into or onto the place, vehicle or other thing to be searched you must give “notice” to the occupier or person in charge. Giving notice is more that just telling or explaining to the person it includes:

For a SW - provide copy of the SW

For a warrantless power -

State the name of enactment under which the search is taking place and the reason for the search under that enactment (unless impracticable to do so)

To comply with this obligation you can use for POL 1275 search notice to occupier

Question 5

In what circumstances are you NOT required to comply with ID, intention and notice requirements?

Answer 5

On initial entry if you have RGTB that:

no one is present.

it would endanger any persons safety

Prejudice the successful use of entry and search power

Prejudice on going investigations

Question 6

What is a person refuses entry?

Answer 6

When executing a SW or warrantless power of place, vehicle or other thing you may use reasonable force to enter if the person refuses entry or does not allow entry within a reasonable time following a request.

Question 7

What if there is no one at the place where he search is to be conducted?

Answer 7

You may use reasonable force to enter the place, vehicle or other thing to be searched if you have reasonable ground to believe that no one is lawfully present.

If the lawful occupier is not there when you search you must leave a copy of the search warrant and an inventory of any material seized.

This must be as soon as possible after the search and must be provided within 7 days of completion of the search.