2. S&S - Search Warrants Flashcards Preview

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Flashcards in 2. S&S - Search Warrants Deck (16)
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1

Outline the steps in the SW process

1. Gain prior approval
2. Gain online approval
3. Gain issuing officer authorisation
4. Plan and brief SW execution
5. Execute SW
6. Report outcomes
7. File investigation records

2

What are alternative options if a SW is impracticable to obtain?

with supervisor approval, you can:
•Apply for a SW orally
• Apply for a SW without approaching an issuing officer in person (e.g. using the phone)
• Secure a scene while applying for a SW for a maximum period of 6 hours (s117)

3

What must you do before applying for a SW?

1. Be sure that there are RGTS that an offence punishable by imprisonment has been, will be, is being or will be committed; and RGTB that the search will find EM in respect of the offence in the place…
2. Have checked the targets history in NIA for other SW applications/outcomes
3. Have assessed the risks associated with executing the SW
4. Have obtained initial approval from a supervisor at or above rank of sergeant with on-line application

4

What is covered off in s117?

if a SW 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 EM may be CADD or removed before the SW can be issued, you may:
• Enter and secure a place/vehicle/other thing
• Secure any item found there
• Direct any person to assist with entry or securing
These powers may be exercised until the first of the following occurs:
• Expiry of 6 hours from when the power is first exercised
• The SW is available for execution
•The application for SW is refused

5

Who can issue a SW?

an issuing officer may be a District or High Court judge; or any person authorised by the AG such as a Justice of the Peace, Community Magistrate, Registrar or Deputy Registrar.

6

When will a SW be authorised? What are some restrictions that can be placed on it?

if the Issuing Officer is satisfied that the SW shows there is RGTS an offence punishable by imprisonment has been…, and that there is RGTB that the search will find EM in respect of the offence in the PVOOT.

Restrictions may be put on the SW including restricting the time when it can be executed, reporting the occupier to provide reasonable assistance to the officer executing the SW, or requiring a report on the SW within a specified time.

7

What should you do if a SW is refused?

should record the reasons the Issuing Officer refused to sign, consider the issues raised and re-draft the application and re-submit the application to the same Issuing Officer.

If the issues can’t be addressed you can make further enquiries to support the application, consider proceeding with investigation without a search or, if the reasons for not signing the SW don’t seem justified, submit a report to Legal Services for direction.

8

Explain the practical requirements on executing a SW

• Who can execute – the person to whom it is directed or a constable
• How long is it valid – no more than 14 days after date of issue, or no more than 30 days after date of issue if have justified why necessary and the Issuing Officer is satisfied
• When can it be executed – any reasonable time or at a restricted time specified by the Issuing Officer
• When is it considered executed – when you have seized the EM specified or leave the PVOOTH and do not return within 4 hours
• How often can it be executed – once, unless more than one execution applied for and granted

9

As part of risk assessment for a SW application you should...?

• Review and reassess identified risks
• Work with others to identify and consider any further risks
• Plan how to manage and minimise identified risks
• Determine how risk management will be communicated in the SW briefing

10

What can you do to postpone compliance with notification obligations (s134)?

you may apply to a judge to postpone your obligation to provide a copy of the SW if it would endanger the safety of any person or prejudice ongoing investigations. This can be done under s134 and must be done at the time of the application or before 7 days has passed after SW execution. A Judge can postpone the obligations for a period not exceeding 12 months.

11

What can you use reasonable force for when executing a SW?

when executing a search warrant you may be required to use reasonable force for entering the PVOOT (s131), search and seize (s110) and carrying out a search of a person (s125).

12

Outline some examples of GSMEAC points to cover off

• Ground – location to be searched, address, neighbours
• Situation – reason for the SW, background on suspects
• Mission – address, suspects, specific EM sought
• Execution – timings, method of entry, roles, responsibility and obligations, managing suspects, search for EM, assisting vulnerable people, managing risks
• Administration – travel to/from the SW, timing, recording of EM seized
• Communication – cell phone numbers and radio channels, debrief

13

What should the person in charge of the briefing do?

• Make sure all staff are present
• Reinforce verbal info with visual prompts
• Use maps, charts, diagrams, and photos
• Provide copies of all important documents
• Ensure staff are clear to roles and responsibilities
• Identify what can and can’t be recorded in notebooks

14

What can you do when exercising a search power to search a person?

when searching a person you may:
- detain them for the purposes of the search
- use force that is reasonable for the search
- search any item the person is wearing, carrying or in their control
- seize anything that is the subject of the search or may lawfully be seized.

15

What powers do you have to stop vehicles?

•S121 – stop a vehicle if have authority to search it by executing a SW or using a warrantless search power
• S127 – allows you to enter any place to locate the vehicle to execute the SW if RGTB the vehicle is there

16

Outline what you can do under s112 and s123

Items of uncertain status (s112) – if you are carrying out a lawful search and it is not reasonably practicable to determine if an item can be lawfully seized you may remove items for examination or analysis to determine if you can seize them lawfully. Any item to be removed must be within the scope of the original search.

Items in plain view (s123) – you may seize any item found in plain view if have RGTB that you could have seized the item under a SW or other search power.