Revise

Question 1

If you don’t have the grounds for a SW, what other options are available to you?

Answer 1

● Consider using warrantless power available to you, which gives you power to search without a warrant.

● If you do not have ground to use warrantless power to search, consider requesting a search by consent - not a favourable option due to rules that apply to consensual search for search to be lawful

Question 2

What must you ensure prior to making an online search warrant application?

Answer 2

● RGTS that an imprisonable offence has been, will be, is being, or is about to be committed; and

● RGTB that a search will find evidential material in respect of the offence in the place, vehicle, other thing or facility.

● Checked target history in NIA for other S.W application or outcomes

● Assessed the risks associated with executing the search warrant

● Obtained initial approval from a supervisor at or above the rank of Sgt to proceed

Question 3

Who can issue a search warrant?

Answer 3

An issuing officer:

High Court Judge or District Court Judge

or

Any person authorised by the attorney general:

• Community Magistrate
• Justice of the Peace
• Register
• Deputy Register

Question 4

When will a search warrant be authorised?

Answer 4

When the issuing Officer is satisfied the application clearly shows:

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

Question 5

There are restrictions that an issuing officer can put on search warrant, what are they?

Answer 5

● Time when the search warrant can reasonably be executed

● Requiring the occupier in charge of a place to provide reasonable assistance to the OC warrant

● Requiring a report on the S.W within a specific time

Question 6

What actions should you take if a search warrant is refused?

Answer 6

• Record issuing officers REASONS for refusal
• Consider the issues raised and if possible RE-DRAFT the application, ensuring you have addressed the issues.
• Resubmit the application to the same Issuing officer.

Question 7

What if the issues, in the search warrant after being assessed by an issuing officer, cannot be addressed?

Answer 7

• Make further enquiries to support (or otherwise) the application.
• Consider whether to continue the investigation without conducting the search.
• If reasons for not signing search warrant do not seem justified, submit a report to legal services for direction.

Question 8

Who may execute a search warrant?

Answer 8

• The person to whom it is directed or any Constable.

Question 9

How long is a search warrant valid?

Answer 9

• No more the 14 days from the date of issue, as specified by the issuing officer.
• No more the 30 days from the date of issue, as specified by the issuing officer, if you have justified why this is necessary and the issuing officer is satisfied.

Question 10

When can a search warrant be executed?

Answer 10

● At any reasonable time under the circumstances; or

● At a restricted time required by the Issuing Officer as a condition of execution

Question 11

When is a search warrant considered executed?

Answer 11

(i) Have seized the evidential material specified in the S.W; or
(ii) Leave the place, vehicle or other thing and do not return within 4 hours

Question 12

How many times can a SW be executed?

Answer 12

● Once, unless

● More than one execution is applied for, justified + authorized in the search warrant. Must detail the reasons for the multiple entries

Question 13

Under section 131 your are obliged to provide a copy of the SW and an inventory of any items seized to the occupier, section 134 provides grounds in which an application can be made to postpone section 131, what are the grounds? and when must the application be made?

Answer 13

If providing a copy of the SW or inventory would:

• endanger the safety of any person, or
• prejudice the on-going investigation

An application can be made under S.134, and should be presented to a judge:

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

** A judge may postpone the obligations for a period not exceeding 12 months **

Question 14

When briefing for a search warrant, what process should be followed?

Answer 14

GSMEAC

Ground - location to be searched, address, neighbours.
Situation - reason for seeking SW, background on suspects.

Mission - address, suspect(s) and specific evidential material sought.

Execution - timing, method of entry, roles, responsibilities obligations on entry, managing suspects, searching for and recording evidential material, assisting vulnerable persons, sequence of events and managing risk and ensuring safety.

Administration & Logistics - travel to and from the place, timing of the SW execution, recording of EM seized.

Command & Signals - cell - phone numbers & radio channel, debrief.

Question 15

When holding a search warrant briefing, what must you do?

Answer 15

1) Ensure all staff are present
2) Go through warrant information - GSMEAC
3) Use maps, photographs to ID targets
4) Provide copies of all important documents - list of items of search
5) Ensure all staff are clear about their specific role/responsibility
6) Advise staff what can and can’t be in notebooks (as disclosable, think about CHIS).

Question 16

Risks, when assessing risk with SW, what must you consider?

Answer 16

(i) identified (ID risk)
(ii) assessed (Assess Risk)
(iii) Considered in planning how you execute the S.W
(iv) Communicate the management of the risk to your team

Risk must be assessed before the application is approved and again before a search warrant is executed.

Use TENR (Threat, Exposure, Necessity, Response)

Question 17

What is the O/C warrants priorities at a SW?

Answer 17

• GSMEAC
• To safely execute search warrant - safety is paramount
• The safety of all staff, vulnerable occupants / suspects
• Safety of neighbouring premises and members of the public
• On-going assessment of risks, management of risks and communicate it to staff involve

Question 18

Who may apply for a production order? and who’s authority do you need? and when must you seek prior approval from a district approver?

Answer 18

Any enforcement officer may apply to an issuing officer for a production order.

Where practicable obtain written authority from constable of the position SGT or above.

Must seek prior approval from district approver before making an application directed to a telecommunications provider seeking info such as call associated data or content.

Question 19

What must a district approver consider prior to approving a PO?

Answer 19

• The grounds for applying for PO are met.
• resource benefit is advantageous to Police.
• information sought does not make unreasonable or unnecessary demands of the provider.

Question 20

What is the duration of a PO?

Answer 20

PO is in force for the period specified in the order (not exceeding 30 days after the date on which the order is made).

Question 21

What grounds must exist for the application of a PO?

Answer 21

RGTS an offence has been, is being or will be committed, and
Believing that documents requested will,

1. Constitute evidential material in respect of the offence; and
2. Are in the possession or control of the person against whom the order is sought, or will come into their possession, or under their control while the order is in force. (s. 72)

Question 22

When can hearsay evidence be used as evidence for a PO?

Answer 22

If it’s highly reliable.

Reliability can be indicated by:

• Sufficient information to prove the reliability.
• informants reliability and any information provided in the past.
• whether information has been confirmed by another means.

Question 23

If your PO application relates to a media organisation, who must you get approval from?

Answer 23

If it relates to Police executive, PNHQ.

If it relates to district, district commander.

Question 24

What activities is a SDW required for?

Answer 24

● use of an interception device to intercept a private communication:

● use of a surveillance device that involves trespass to land or trespass to goods:

● Observation of private activity in private premises and any recording of that observation, by means of a visual surveillance device.

Exceptions:
● Situations of emergency or urgency; and
● Activity that don’t require a warrant

** Surveillance is unlawful if it involves trespass - unlawful entry on private land. **

Question 25

Section 48, Two key ingredients exist for any situation to be recognized as one of Emergency or Urgency what are they?

Answer 25

1) Ingredient - entitled to apply

Means - you would be entitled to make an application for a surveillance device warrant as the situation is one of serious criminal activity.

2) Ingredient - impracticable in the circumstances

Means - you need to use a device urgently as it is not immediately practicable to obtain a surveillance device warrant.

Question 26

A surveillance device warrant will only be authorized for use of an interception device for gathering evidential material for certain offences, what are the they?

Answer 26

• offence 7 years imprisonment +
• identified arms act 1981 offences
• identified psychoactive substances 2013 offences

Question 27

What is the definition of voluntary oral communication?

Answer 27

Voluntary oral communication is a communication between one or more persons made with the consent of at least 1 of them to record the communication.

Example:
an offender who admit his role in a drug ring and agree to allow police to record his telephone conversation with the ringleader to gather evidence material.

Question 28

What is the definition of private premises?

Answer 28

A Private dwelling house, marae and any other premises that are not within the definition on non-private premises.

Question 29

What is the definition of non-private premises?

Answer 29

Premises where members of the public frequently permitted to have access includes part of a hospital, bus station, railway station, airport or shop.

Question 30

What is private activity and what test must be given to one’s privacy?

Answer 30

Participants can reasonably expect the activity is private if it is carried out in private premises.

“Ought reasonably to expect” - OBJECTIVE TEST - what any person would expect

Where private activities occur is of key importance.

Question 31

What is curtilage?

Answer 31

Land immediately surrounding a house or dwelling, including any associated buildings and structures, but excluding any associated “open fields beyond”.

Boundary in which a home owner can have a reasonable expectation of privacy, where common daily activities take place.

Think about suburban (fence line) and farm (small part of whole property).

Question 32

What are the time limits, prior to requiring a SDW, when it comes to observations of private activity in the curtilage of private premises (includes observations and any recording of the observations, or recording by visual surveillance device)?

Answer 32

For purpose of single or connected series of invesitgations:

(i) 3 hours in any toal 24 hours period, or
(ii) 8 hours in total