Search Warrants

Question 1

7 step search warrant process:

Answer 1

Gain prior approval 
Gain online approval
Gain issuing officer authorisation 
Plan and brief search warrant execution 
Execute search warrant 
Report outcomes 
File investigation records

Question 2

Before applying for a SW online, you must:

Answer 2

1. Have RGTS an imprisonable offence has, is being, or will be committed AND RGTB will find evidential material
2. Have checked targets history
3. Have assessed the risks
4. Have initial approval from supervisor at or above rank of sergeant

Question 3

Search warrant risk assessment:

Answer 3

Risks must be:

• identified
• assessed
• considered in execution

Must be assessed before application is approved

Planned Action Risk Assessment must be completed

Question 4

s 117

Answer 4

If search warrant is pending
And RGTB evidential material may be CADD, you may:

• enter and secure a place, vehicle, thing
• secure any item found there
• direct any person to assist with entry
• direct any person to assist

Question 5

117 may exercised untill:

Answer 5

• 6 hours expires
• warrant is available
• warrant application is refused

Question 6

Who can issue a search warrant?

Answer 6

1. Issuing officers:
   - district court judge
   - high court judge
2. Any person authorised by attorney general:
   - JP
   - community magistrate
   - registrar
   - deputy registrar

Question 7

An issuing officer will authorise a search warrant when:

Answer 7

The application clearly shows the RGTS an imprisonable fence has is it will be committed and RGTB will find evidential material in respect to that offence

Question 8

An issuing officer may put what three restrictions on a search warrant?

Answer 8

• restricting the time it may be reasonable executed
• requiring the occupier to provide reasonable assistance to executing officer
• requiring a report on warrant

Question 9

Who may execute a search warrant

Answer 9

The person to whom it is directed or any Constable

Question 10

How long is a search warrant valid

Answer 10

14 days from date of issue

Or

30 days, if justified and issuing officer is satisfied

Question 11

When can a search warrant be executed

Answer 11

At any time that is reasonable in the circumstances

Or

At a restricted time required by the issuing officer

Question 12

When is a search warrant considered executed

Answer 12

When you have seized the evidence risk material specified in the warrant

Or

You leave the place vehicle or thing and don’t return within four hours

Question 13

How often can a search warrant be executed

Answer 13

Once

Or

More than once if applied for, justified, and authorised. Must detail reason for multiple entries.

Question 14

Application to postpone compliance with a 131

Answer 14

s 134

If complying with 131 (providing warrant copy and inventory of items taken) would:

• endanger safety of a person
• prejudice investigations

Question 15

How to apply to postpone under s134:

Answer 15

At time of search warrant application

Or

Before 7 days has passed after warrant execution

A judge can postpone to a period not exceeding 12 months

Question 16

Three sections and reasons for using reasonable force during the execution of a warrant:

Answer 16

Enter place vehicle or thing s 131

Search and seize s110

Search person s125

Question 17

GSMEAC

G

Answer 17

Ground

location to be searched
Address
Neighbours

Question 18

GSMEAC

S

Answer 18

Situation

Reason for seeking the warrant
Background on any suspects

Question 19

GSMEAC

M

Answer 19

Mission

Address
Suspects
Specific evidential material sought

Question 20

GSMEAC

E

Answer 20

Execution

Timings 
method of entry 
Roles
Responsibilities 
Obligations on entry managing suspects 
Search 
Recording 
Assisting with vulnerable people 
Sequence of events 
Managing risks

Question 21

GSMEAC

A

Answer 21

Admin

Travel
Timings
Recording

Question 22

GSMEAC

C

Answer 22

Command and signals

Cell phone numbers
Radio channel

Debrief

Question 23

Person in charge of warrant briefing should

Answer 23

Ensure all staff present 
Use maps and diagrams 
Provide copies of documents 
Clarify times and responsibilities 
Identify risks and how to mitigate them

Question 24

Rules and obligations when conducting a search warrant:

Answer 24

S131: identification and notice requirements

S125: rules for searching people

S110: powers incidental to search

S169: reporting

Question 25

Additional powers when executing a search warrant:

Answer 25

S116: securing a place vehicle or thing and excluding persons

S118: powers of detention incidental to the search of places

S119: powers of search by a person who has powers of arrest

S121: stopping vehicle for search

S122: moving vehicles for search/ safekeeping

S112: seize items of uncertain status

S123: seize items in plain view

Question 26

If a search warrant application is refused, you should:

Answer 26

• record the issuing officers reason for refusal
• consider the issues raised and re draft the application of possible
• re submit the application to the same issuing officer

If issues cannot be addressed:

• make further enquires to support application
• consider continuing investigation without search
• if the reasons for refusal seem u justified, submit report to legal services for direction