Search Warrant and Production Orders Flashcards
(30 cards)
What are the steps in a search warrant process?
- Gain prior approval.
- Gain online approval.
- Gain issuing officer approval.
- Plan and brief search warrant execution.
- Execute search warrant.
- Report outcomes.
- File investigation records.
What can your supervisor approve when considering if a search warrant is practicable?
- Apply for a search warrant orally.
- Apply for a search warrant by phone.
- Secure a scene while you apply for a search warrant for a maximum of 6 hours, s117.
If you make an oral application you must make an online application in the S+S system as soon as possible, remembering to keep notes of the contents of the oral application.
List the two requirements that must exist in order to begin a SW application.
RGTS that 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 Thing
What four step risk assessment tool is used for Search Warrants?
TENR
Threat
Exposure
Necessity
Response
Section 117
If an application for a search warrant 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 evidential material may be CADD or removed before the search warrant can be issued, you may:
- Enter and secure a place, vehicle or other thing at any time that is reasonable in the circumstances, 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.
When does Section 117 Expire?
(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 was refused.
Describe when you could use S117 with regards to an incorrect address.
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 correct address until the search warrant has been amended.
Who can issue a search warrant?
An issuing officer may be a:
- District court judge.
- High court judge.
Or any person authorised by the Attorney General such as a:
- JP
- Community Magistrate
- Registrar
- Deputy Registrar
What restrictions or requirements may an issuing officer place on a SW?
- 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.
When the Search Warrant Application is Refused?
- Record the issuing officer’s reason 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.
When you cannot address the issues in your refused search warrant application?
If the issues cannot be addressed:
- Make further enquiries to support (or otherwise) the application.
- Consider whether to continue your investigation without conducting a search.
- If the reason for not signing the SW does not seem justified, submit a report to legal services for direction.
How long is a SW valid?
- No more than 14 days from the date of issue, as specified by the issuing officer; or
- No more than 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.
When is a SW considered executed?
When you, or anyone assisting you:
- Have seized the evidential material specified in the search warrant; or
- Leave the place, vehicle or other thing to be search and do not return within 4 hours.
When can a SW be executed?
- At any time that is reasonable under the circumstances; or
- At a restricted time required by the issuing officer as a condition of execution.
How is an application to postpone notice obligations made?
What are the circumstances when an application would be made?
If providing a copy of the SW and inventory would:
- Endanger the safety of any person; or
- Prejudice any ongoing investigations.
An application to postpone is made under s134 of the Act and should be presented to the judge:
- At the time of the SW application; or
- Before 7 days has passed after the SW execution.
A judge can postpone the obligations for a period not exceeding 12 months, this would apply to a long term application.
What are the rules and obligations when executing a SW?
- Powers incidental to search (Section 110)
- The rules for searching people (Section 125)
- Identification and notice requirements when searching Place, Vehicle or Thing (Section 131)
- Reporting (Section 169)
GSMEAC
Ground
Situation
Mission
Execution
Admin/Logistics
Command
When executing a search warrant you must:
(131)
- Identify yourself
- Reason for search
- Intention to enter and search
- Notice in a copy of the Search Warrant
- If Detained - BOR
If a SW is executed and damage occurs, compensation may be considered. Detail two instances where it is unlikely to be paid out and specify the difference between the two.
- Where the execution of a SW IS justified by the outcome of its execution - compensation will seldom be paid.
- Where the execution of a SW IS NOT justified by the outcome of its execution BUT THE GROUNDS FOR THE EXECUTION WERE SOUND, compensation is unlikely to be paid - but will be considered on a case by case basis.
Provide an example of when compensation would likely be paid during the execution of a SW.
When a SW is executed at the wrong address.
Name an example of a method of entry to a place that would be unjustified.
Breaking the door down when it is unlocked.
Where there is a claim what should be covered in your report that gets forwarded to the District Commander?
- The circumstances in which the SW was executed
- The grounds for its execution
- The damage caused and its associated circumstances
- The outcome of the SW or statutory power being executed
- Details regarding the owner of the property
- The nature and basis of the claim
- Any steps taken by Police to prevent further loss or damage
What are some options available for ensuring the premises are left secure after a forced entry?
- Liaising with the owner/occupier to secure their own property.
- At the occupier’s request engaging a contractor to make the premises secure.
- Attending staff effecting a temporary repair where feasible.
Why must premises never be left insecure after a forced entry?
Liability for any loss may arise eg, if contents are stolen from the address.
